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Presenter warns conditional‑use approvals now constrained by state case law; recommends measurable standards
Summary
UW Extension presenter reviewed conditional‑use standards and a Wisconsin Supreme Court case that prompted statewide statutory changes; she advised writing measurable, legally defensible criteria for conditional permits to avoid arbitrary denials.
Becky Roberts told the commission that recent case law and legislative changes in Wisconsin clarified that conditional uses, when listed and subject to measurable standards in an ordinance, should generally be granted if applicants meet those standards. "Generally, if they meet the standards listed in your ordinance, as well as any other, conditions that you attach that must be reasonable, measurable, relate to your ordinance purposes, then you should be granting conditional uses," Roberts said.
Roberts recounted a high‑profile frac‑sand mine dispute in which a proposal met local standards but faced strong public opposition; the case prompted statutory changes that tightened how conditional uses are defined and reviewed. She therefore urged the commission to prefer measurable, defensible criteria (traffic safety, stormwater management, public‑health standards) over subjective measures such as aesthetics or general public opinion to reduce legal vulnerability.
