Port Washington - Permit Center

Conditional Use

Description: A conditional use is a land use that is not automatically allowed in a particular zoning district, but may be allowed by the City following a case-by-case review and determination. The zoning regulations identify those land uses that are classified as a conditional use in each of the zoning districts. A particular land use may be allowed by right in one district, classified as a conditional use in another, and prohibited in the remaining districts.

The property owner or developer initiates the review process by submitting an application that describes the proposed location and the size and scope of the proposed use and basic operating characteristics. Because a conditional use is not automatically allowed in a district, the public is notified of the pending application so they are aware of the proposal and invited to attend the public hearing to learn more about the proposed project and offer their comments.

Under Wisconsin law, local municipalities have some – not complete – discretion, within specific parameters, in determining whether the petitioner’s application should be approved or denied, and if approved, what conditions of approval are warranted, if any.

By designating a particular land use as a conditional use in a given zoning district, a property owner has the potential for more development options while balancing that with the interests of the community, ensuring that new development does not adversely affect the surrounding area.

If the City approves a petitioner’s conditional use application, other types of reviews may also be required such as a site plan review. Sections __ and __ of the zoning code describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.

Decision-maker(s): Plan Commission makes the final decision

Application fee: There is no fee

Frequently Asked Questions

+ - The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

+ - If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

+ - Can a decision of the Plan Commission be appealed?

Although the Plan Commission generally makes recommendations, there are some instances where the Commission makes the final decision (e.g., conditional uses). Those decisions can be appealed to circuit court. An appeal must be made soon after the decision has been made.

This site is currently under active development. Got it!

Zoning Code | Permit Center | Conditional Use

This site is currently under active development. Got it!

City of Port Washington

Zoning Code | Permit Center | Conditional Use