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41 / 52

No.

2006AP450

agriculture,

forestry,

industry,

and business in future growth;

(3) preserve

natural growth

beauty of the

township. See

and

cover and

Town

of Rhine,

promote the natural Wis., Municipal Code

§ 4.01(2). use permit,

How does a landowner, who establish that a garbage

applies dump or

for a conditional salvage yard will

comply with these requirements, "entitle" the landowner to a

or others conditional

in § 4.01(2), use permit?

so to These

standards are simply not specific enough that one can reasonably

say that which has ¶59

the

B-2

District,

ordinanc

e does not

any use as no permitted In addition,

of right uses. the language exists of

under

this

support the Town of Rhine's argument that the entitled to a conditional use permit as of right. exists in Municipal Codes § 4.08(2), B-2 District, landowner is No language or § 4.09,

Conditional

uses, that

conditional

use permit.

would The

create ordinance

an

entitlement to does not state

a for

example: If all requirements are met, the conditional use permit

shall be generally

granted. govern

Furthermore, conditional uses,

while discussing rules that Anderson's American Law of

Zoning

states,

"[t]he

designation

of

a

use

in

a

zoning

district

as

a

conditional

use

does

assurance that such use will Anderson's American Law of 1997). While perhaps not doubt on the Town of Rhine's

not

constitute

be

approved."

an authorization or 5 Alan C. Weinstein,

Zoning § 34.23, at 573 (4th ed. dispositive, this assertion casts entitlement argument.

¶60 The Town of Rhine also argues that development zoning is the functional equivalent

planned unit to Municipal

39

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