Village of East Troy

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 Village 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 to 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. 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 Village approves a petitioner’s conditional use application, other types of reviews may also be required such as a site plan review. Once approved, a conditional use is subject to ongoing terms and conditions for how the particular use is operated until the approval is amended or the use is terminated.

Decision-maker(s): Plan Commission makes a recommendation and the Village Board makes the final decision

Application Fee

Conditional use - amendment: $30.00
Conditional use - new: $250.00
Conditional use - renewal: $50.00

Upcoming Meetings

There are no upcoming dates at this time.

Application Materials

Conditional Use application

Professional Charge-Back form

Statistics

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

Yes No

If no, the application form is posted on this page.

Frequently Asked Questions

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What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

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Can a decision of the Village Board be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

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What is a professional chargeback fee?

For some types of development reviews, the Village charges the applicant for the time spent by the Village engineer, attorney, planner, or other professional in reviewing their application. In that way, Village taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Village incurs such costs.

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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.

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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.

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I need to hire a professional surveyor. Can you recommend one?

The Village cannot recommend any particular surveyor. We do however maintain a list consultants and offer it as a public service. Check it out HERE. You can browse the list or use the filter to find those providing the services you may need.

View all Frequently Asked Questions

Primary Staff Contact

Orrin Sumwalt, Zoning Administrator

(414) 336-7915

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Village Board is the governing body of the Village of East Troy and is responsible for making decisions on local policies, budgets, and ordinances. The board also reviews certain types of development projects. The board consists of 7 members who are elected to two-year terms. One member serves as the president.

The Plan Commission is a 7-member body established by the Village Board to review certain development projects and act on other matters. Depending on the type of the development proposal, the commission may be advisory to the Village Board or have the authority to make the final decision. Two members also serve on the Village Board; the remaining members are village residents who are appointed by the Village President and confirmed by the Village Board.

Planning staff provides technical support to the Village Board, Plan Commission, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

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Everyone involved in reviewing development projects help ensure they align with Village regulations and long-term planning goals to foster positive growth and development.

Zoning Code Portal | Permit Center | Conditional Use