Conditional Use Permit

Towns now have authority to approve or disapprove Conditional Use Permits

• Memorandum explaining new Conditional Use Permit approval procedures
• Recommended town procedures on Conditional Use Permits
• New Zoning Ordinance provisions related to Conditional Use Permits
• New Town Board Action Report form for Conditional Use Permits

A conditional use permit (CUP) is an approval by the Dane County Zoning and Land Regulation Committee and relevant Town Board for certain specific uses listed in the Dane County Zoning Ordinance. Within each zoning district there are uses that are permitted by right, and other uses allowed only under certain conditions. A CUP is needed for any use identified in the zoning ordinance as a conditional use.

After consulting with the Town Clerk or other Town officials, you may apply for a conditional use permit with Dane County. Requests for conditional use permits must be approved by both your Town Board and the County Zoning and Land Regulation Committee. The County Zoning Committee will hold a public hearing on the request, and upon receipt of the written Town Board action report, will either approve or deny the conditional use permit. Note that either the Town Board or county zoning committee may deny a conditional use permit. Actions of both the Town Board or county zoning committee are appealable to the county board. Please refer to the documents at the top of this page for additional information about the Conditional Use Permit review and approval process.

Your proposal must comply with each of six standards in the zoning ordinance for a conditional use permit to be granted, summarized as follows:

1. That the conditional use will not endanger the public health, safety, and welfare.
2. That uses, values, and enjoyment of other properties in the neighborhood will not be substantially impaired by the conditional use.
3. That the conditional use will not impede orderly development of the surrounding property
4. That adequate utilities, access roads, drainage, and other necessary site improvements will be provided.
5. That adequate measures are being taken to provide ingress and egress to minimize traffic congestion.
6. That the conditional use shall comply with all other applicable regulations.

Additional standards apply in the A-1 Exclusive Agriculture District. Consistency with the recommendations of the Town Land Use or Comprehensive Plan and County Comprehensive Plan will also be important in the review of your conditional use permit request. Specific conditions may be required with approval of any conditional use permit.

Expect a minimum of three months between the time you file an application for a conditional use permit and the time final action on your request is taken.

Documents

All documents are in Adobe Acrobat format unless otherwise specified.

• Information Required For Filing An Application For A Conditional Use Permit (CUP)
   

Revised: September 17, 2006