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No.

2006AP450

¶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

that is

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

rely

on

the

use mechanism retain the usual residential,

conditional commercial

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.

In other

words,

a

property

to be

put

conditional use permit to a purpose that the

allows zoning

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

not for

provide

certainty.

For

example,

obtaining

a

conditional

use

permit

the are

subject to significant interpretation: property values and the tax base; (2)

(1) stabilize and protect recognize the needs of

38

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