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A conditional use, also known as a special exception in Wisconsin case law, is any exception expressly listed in the zoning ordinance including land uses or dimensional changes.

Conditional Use Permits (CUP) amend zoning classifications on a discretionary and conditional basis. A conditional use permit is governed by Section 25 of the Austin Land Development Code (LDC). According to the LDC, a CUP is required to allow the sale of beer and wine on land zoned as Public (P).

Applications for a conditional use permit may be obtained at the Planning Department counter or mailed upon request. The application form requires the signature of the property owner and a complete legal description for the property. A plot plan, drawn to scale, is also required to process the application.

A Special Exception is an activity that is allowed by the Ordinance if certain conditions are met and the ZBA approves. A Variance is a situation that is not listed in the Ordinance or perhaps prohibited by the Ordinance that requires ZBA approval.

A conditional use permit is issued to the property owner for a specific use within the zoning district as allowed in the Land Use Chart (Exhibit A) of the Zoning Ordinance. When someone wishes to obtain a conditional use permit, an application for the permit is obtained from the Planning and Zoning Department.

A conditional use permit (CUP) gives a property owner the right to expand the uses of a property that are typically restricted by zoning laws. The permit is given to residential and commercial property owners who want to increase the number of tenants or clients.

A Conditional Use Permit (CUP) is required for certain land uses which may need special conditions to ensure compatibility with surrounding land uses. These uses are specified under ?Uses Subject to Permits? in the zones or specified in a Community Standards District (CSD).