Civic Center

Understanding the city’s role in conditional use permit decision

By Robin Ginner

Eagle River City Administrator

The recent recommendation by the Eagle River Planning Commission to approve a conditional use permit (CUP) for a proposed self-storage facility has generated considerable discussion within our community. Many residents have asked why the commission recommended approval despite significant public opposition.

The answer lies in how Wisconsin law governs conditional use permits.

A CUP allows a property owner to use land in a manner that is specifically identified in the city’s zoning ordinance as an allowable use, provided the applicant satisfies established standards and conditions imposed by the Planning Commission. 

Unlike a rezoning request, a conditional use permit is not a vote on whether the proposed use is desirable. Instead, it is a legal process that requires the city to determine whether the application complies with the standards contained in the zoning ordinance.

Prior to 2017, municipalities had greater discretion when considering CUPs. That changed with the adoption of Wisconsin Act 67. Under current state law, if an applicant demonstrates that the proposal meets — or agrees to meet — all applicable ordinance requirements and any reasonable conditions imposed by the municipality, the permit generally must be approved. Likewise, if a municipality denies a permit, that decision must be supported by substantial evidence tied to the ordinance standards rather than personal preferences or generalized opposition.

The Planning Commission devoted three public meetings to reviewing the proposed project. During those meetings, commissioners heard testimony from numerous residents, neighboring business owners, engineers, and the applicant. 

Concerns raised included stormwater management, traffic, aesthetics, impacts on nearby businesses, property values, signage, landscaping, and the overall character of the area.

It is also important to understand that the Planning Commission’s recommendation is not based on whether individual commissioners personally support or oppose self-storage facilities. Commissioners are required to apply the city’s ordinances and Wisconsin law fairly and consistently to every applicant.

Reasonable people may disagree about whether a particular development is the best use of a property. However, Wisconsin law requires local governments to base conditional use permit decisions on objective standards and substantial evidence — not on personal opinion alone.

The recommendation for the CUP will be considered by the Eagle River City Council on Tuesday, July 14, at 6 p.m. Eagle River residents are encouraged to attend the meeting.

Did you know?

• A conditional use permit is different from a rezoning. The zoning district remains unchanged; the permit simply authorizes a use already identified as allowable within that district if specific standards are met.
• Wisconsin Act 67 requires municipalities to base conditional use permit decisions on substantial evidence and objective ordinance standards.
• The Eagle River Planning Commission reviewed this application over three meetings, requested additional engineering information, and imposed multiple conditions before recommending approval.