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Plan Commission approves zoning text amendments to align code with state Act 67
Summary
The Pleasant Prairie Plan Commission unanimously recommended approval of zoning text amendments that reclassify many former conditional uses as permitted uses and implement the 'substantial evidence' standard from 2017 Wisconsin Act 67, staff said.
The Pleasant Prairie Plan Commission voted to recommend approval of a package of zoning text amendments intended to bring the village zoning code into compliance with 2017 Wisconsin Act 67.
Staff member Rob told the commission the review began in August 2024 and that Act 67 narrows municipalities' discretion on conditional uses by requiring decisions to be based on substantial evidence. "Conditional use decisions must be based on substantial evidence," Rob said, adding that "the applicant bears the burden of proving that they meet the standards." The proposed changes remove many items from the conditional‑use list and either list them as permitted uses with measurable standards or prohibit them where state law requires.
The amendments touch multiple districts: agricultural (A2, A3 and AGO), residential (R1–R11), business (B1–B6), manufacturing (M1–M5), institutional (I1), park and recreation (PR1–PR3), and conservancy (C1–C3). Staff explained that some uses previously handled case‑by‑case as conditional uses will now be permitted if they meet clearly defined standards, while the number of remaining conditional uses will be small and reserved for higher‑scrutiny cases.
Commission discussion noted both benefits and tradeoffs. A commissioner characterized the new regime bluntly: "This conditional use is an oxymoron now," and staff and other commissioners said the changes should make the code clearer for property owners while reducing the village's exposure to legal challenges based on subjective conditions.
The commission approved the motion to recommend the zoning text amendments to the village board by voice vote.
The village attorney has provided redlined language and a memo explaining specific statutory changes and how they affect the conditional use framework; the full ordinance language is in the meeting packet. The matter will next go to the village board for final action.
