Conditional Use Permit
WHEN: Conditional Uses are uses which are not permissible by right in certain Zoning Districts, but which may be permitted by the terms of the Zoning Ordinance, if certain conditions are met.
WHY: Certain uses and situations are unique and require separate review and approval through a Conditional Use (CU) process. These uses shall be evaluated in accordance with the Waukesha County Zoning Code - Appendix A and the Waukesha County Shoreland and Floodland Protection Ordinance - Appendix B, copies of which are available online and in the office of the Waukesha County Clerk.
WHO: Both the Waukesha County Park and Planning Commission and the Town Planning Commission must approve a Conditional Use Permit. Town Board action is also required for Quarries and Cemeteries. The Waukesha County Department of Parks and Land Use – Planning and Zoning Division issues the Conditional Use Permit when all conditions of approval have been met. A copy is mailed to the applicant and the town. See Staff Who Can Help.
HOW: Applicant must submit a complete application packet and fee to the Planning and Zoning Division Staff for review and scheduling.
A COMPLETE APPLICATION PACKET SHALL INCLUDE THE FOLLOWING:
- Petition for Conditional Use application form.
- Three (3) copies of a scaled map indicating location and dimensions, existing and proposed buildings and their uses.
- A “Preliminary Storm Water Review Letter” may be required from the Land Resources Division, in accordance with the Waukesha County Storm Water Management and Erosion Control Ordinance.
- Complete Site Plan and Plan of Operation form or Zoning Compliance Form (See Site Plan and Plan of Operation process), if applicable.
- Plans may be required.
- A complete application packet and fee shall be submitted no later than seven (7) business days prior to the deadline to submit a notice of public hearing for the matter being applied for. PLEASE CONTACT THE POD FOR THIS DEADLINE and to discuss what constitutes a complete application. Ten to fourteen days is preferable to allow staff an appropriate amount of time to research and review the proposal prior to drafting the public hearing notice and meeting the newspaper noticing submittal deadline.
- See Department of Parks and Land Use – Planning and Zoning Division Fee Schedule
VARIANCE OR APPEAL
- An appeal of a decision of the County Park and Planning Commission or the Town Planning Commission must be made to the Circuit Court within six (6) months of decision.
- An applicant can anticipate that the Conditional Use process will take approximately ten (10) weeks upon submittal of a complete application packet and fee.
- A Preliminary Site Evaluation or Sanitary Permit may be required from the Department of Parks and Land Use – Environmental Health Division. Contact the Environmental Health Division for assistance. See Staff Who Can Help.
- A Building Permit may be necessary from the local Building Inspector and/or the Department of Commerce (DCOMM). Contact the local Building Inspector for assistance. See Coordinating Agencies.
- A review and an approval by the Department of Natural Resources (DNR) and/or the Army Corps of Engineers (ACOE) may be required in a shoreland or wetland area. Contact the DNR and the Army Corps of Engineers for assistance. See Coordinating Agencies.
- A Storm Water Permit from the Department of Parks and Land Use – Land Resources Division may be necessary for grading activities. Contact the Land Resources Division for assistance. See Staff Who Can Help.
- An Access Permit may be required from the Waukesha County Department of Public Works or the Wisconsin Department of Transportation. Contact the Waukesha County Department of Public Works for assistance. See Staff Who Can Help.
- An inspection of the site may also be required.