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No.

2006AP450

and a property owner has the right to establish the use so long

as it conforms

to

the

ordinance." Id.

at

2-3.

standards

and

criteria

of

the

zoning

¶51 The author then conditional uses and notes that

contrasts

permitted

uses

with

there are often uses that would be welcome

within the

zoning district if additional standards could prevent them from undermining the purpose and intent of the district. . . . Business and industrial districts also benefit from uses other than those permitted by right. For example, day care centers and restaurants are welcome near employment centers.

Id. at 3.

¶52 exclusive wrote:

An article

of

reliance

on

Zoning News21 conditional use

cautions

about

heavy

or

permits.

The

author

Some ordinances conditional uses.

rely too much on special Most land uses should be

and/or as-of-

right,

subject

to compliance with clear and objective

standards

and

criteria

for

that

particular

use

category or

zoning district.

Discretionary approvals

should

be

reserved

for

unique

uses

that

defy

regulation employment with few) individual

s

by of

objective standards. special uses, especially

The routine without (or

standards or

criteria,

zoning decisions

and the

opens up both zoning ordinance

provision itself to constitutional challenges as being

Even where

such a challenge

succeed, the

uncertainty to

arbitrary and capricious.

would not landowners

by discretionary

necessarily and citizens

alike created

and/or

standardless

zoning

review

should

be

avoided.

21

Zoning News was

a publication

of the American

Association.

It is now known as

also

a

publication

of

the

American

the Zoning Practice, Planning Association.

Planning which is

33

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