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39 / 52

No.

2006AP450

Coding for Zoning Zoning Practice, permitted uses as authority cited by

Regulations, Sept. 2005, of right and the Town of

American Planning Association at 8 (distinguishing between

conditional uses). Rhine suggests that

Second, no conditional

uses are the Town Board of

the same as permitted uses.

To support its argument,

of Rhine relies on Zoning Appeals of

Delta Biological Resources, City of Milwaukee, 160 Wis.

Inc. v. 2d 905,

910-11, 467 N.W.2d 164 (Ct. does not support the Town of

App.

1991).

However,

Rhine's

contention

that

Delta simply

conditional

uses are

permitted uses.

relying on

Skelly Oil Co.,

In Delta, the stated: "A special

court of appeals, or conditional use

permit permit

is one which the allows a property

zoning owner to

code put

allows.

A special use

his or her

property to a

use expressly permitted by the certain conditions are met."

ordinance,

but

160

Wis.

2d

zoning Delta,

(footnote 01).

omitted)

(citing

Skelly

Oil

Co.,

58

Wis. 2d

only at at if 910 700-

¶56 Permitted

The uses

Town

and

of

Rhine's

argument

is

without

conditional

uses

are

different.

Even

merit. though

conditional uses may be authorized pursuant that does not render them uses as of right.

to the ordinance, See Gail Easley,

Conditional

Uses:

Using

Discretion,

American

Planning Association

Zoning

(distinguishing

between

permitted

Hoping Practice, uses as

for

Certainty,

May

2006, at 8

of

right

and

conditional uses).

by the ordinance so this does not render

Conditional uses may be expressly

long as the conditions them "permitted uses."

are

met,

permitted id., but

37

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