Zoning FAQ 14

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.