What are the legal limits for conditional use permit conditions?
Conditions are the "essential difference" between a permitted use and a
conditional use in zoning schemes. Accordingly, the authority to impose
conditions to address the issues associated with a particular
conditional use is well recognized.
In general, conditional use
permit conditions must be reasonable and they must be related to
legitimate land use regulations goals. Thus, the conditions must be
substantially related to public health, safety, morals or general
welfare. See Wis. Stat. sec. 62.23(7)(a).
Conditions imposed by
a zoning authority on a conditional use also cannot exceed the powers
of the permitting authority. For example, a conditional use permit
condition which requires a payment to a municipality for damage to roads
from trucks hauling materials from a quarry operation is not valid
because such a condition exceeds a municipality’s taxing power.