¶57 The Town of Rhine, citing to Primeco Communications v. City of Mequon, argues that an entitlement to a conditional use exists once the landowner submits the required information in
reasonable compliance with conditional use ordinance. Primeco, however, does not
the requirements of 242 F. Supp. 2d 567 support this argument.
a particular (E.D. 2003). In Primeco,
the district court stated:
Under Wisconsin law,
a conditional use is one
not inherently incompatible with a particular area, but which might create problems if permitted to locate
there as a matter of right.
Zoning ordinances that
use mechanism retain the usual residential,
and industrial zones each zone, and, in uses for each zone,
specifying the uses permitted in addition, establish conditional which are permitted within the
zone only if approved by the local governmental body.
conditional use permit to a purpose that the
ordinance conditionally allows. Id. at 576 (citations omitted) (emphasis added).
¶58 Even if an entitlement could be created under a conditional use permit, the Town of Rhine's argument presumes that the standards here are clear and specific enough that once complied with, the conditional use permit shall be issued. However, while we do not decide the constitutionality of the conditional use permit section, i.e., Municipal Code § 4.09(4),
that section does following standards
subject to significant interpretation: property values and the tax base; (2)
(1) stabilize and protect recognize the needs of