Rezoning (Zoning Map Amendment) in De Pere

What is the purpose of a Rezoning?

The rezoning (amendment) process is used when the City, a property owner, or a person/organization that has a vested interest in a property desires the change of a parcel of land from one zoning category to another. The Comprehensive Plan and Zoning map documents need to reflect one another when a change is petitioned and approved.

A rezoning with a PDD overlay has a similar review process, but a significant amount of additional information is required.  Do not use this section to review a rezoning with a PDD.

Who may initiate a Rezoning?

Any landowner may submit a rezoning request for their property. Additionally, any alderperson or any city board, committee, commission or officer may submit a rezoning request.

As noted in the Comprehensive Plan section, State Statute requires that any zoning decision that the City takes be consistent with the Comprehensive Plan. It is critical that the Plan be consulted prior to any rezoning request to ensure consistency.

How long does the process take?

Typically, an application can take up to eight to ten weeks for final Council action from the date of applying for a zoning amendment. Final Common Council action occurs within 90 days of the public hearing date. If the timeline is missed by Council the proposal is automatically denied.

What is the application fee?

See the fee schedule for all applicable fees.

What is required for a Rezone application?

City Application Form must be submitted with Fee to the Zoning Administrator.

A submittal can only be made by the City or by a person or organization that has a freehold interest in the property, or possessory interest, or contractual interest. This would include the following:

  • The City of De Pere
  • The property owner
  • A possessory or contractual interest (future buyer/owner, typically with existing owner consent)
  • An authorized representative of one of the above

Supporting plans and data must include evidence of the following:

  • Land uses of all properties in the area
  • Zoning district for the subject property(s)
  • Suitability of the existing uses to be on the present and proposed zoning district
  • The trend of development(s) in the area, including any changes in the present and proposed zoning district
  • Identify if existing parcel(s) meet the minimum lot size for the proposed zoning district

What are the steps for Rezone approval?

  1. Pre-application meeting with staff (recommended): Meet with Planning/Zoning staff to discuss your proposal prior to submitting an application.
  2. Neighborhood Input: (recommended) Prior to the formal rezoning submittal, you are recommended to meet with property owners and individuals within and near the area of the proposed project. A statement describing the efforts made to meet with and receive input from individuals required to receive a notice (300 feet from the property boundary) may be submitted with the formal rezoning application when filed. While property owners within 300 feet will be specifically notified, staff recommends an applicant engage affected neighborhoods.
  3. Submit a Rezoning application: Submittal shall include the completed rezoning application form, site plan showing vehicular access points, existing and proposed structures and parking areas, etc., any other information pertinent to understanding your request.
  4. A temporary “zoning notice” sign must be erected on the property when the amendment is ‘ordered to public hearing.’ The purpose is to give notice that the rezoning is being considered by Plan Commission. Thus, the sign should actually be put up shortly after a complete application is received by the Zoning Administrator.
  5. Plan Commission Public Meeting: At the public meeting, applicants present their request and members of the public may state their support, opposition or concerns about the proposed project.
  6. Plan Commission Recommendation: The Plan Commission reviews the application materials, public testimony, any staff concerns and recommendation of the Planning/ Zoning staff. The Plan Commission reports its findings and evidence from the five "approval standards," along with an approval or denial recommendation, to the Common Council. The Plan Commission must also find that the amendment is in the public interest and not just in the interest of the applicant.

 If the Commission recommends approval of the rezoning request, there should not be any conditions if the recommendation is approved.

Upon recommendation of the Plan Commission, it shall order the City Clerk to schedule a public hearing thereon before the Common Council. The Clerk shall serve, by First Class Mail, a copy of the public hearing notice to all owners of record of real property located within three hundred (300) feet of the property for which a change in zoning classification is sought.

  1. Common Council Action: The Common Council makes a final decision within 90 days of the public hearing date. If the timeline is missed by Common Council the proposal is automatically denied. Protests from the public may be made by filing written acknowledgement with the City Clerk-Treasurer no later than 12:00 pm on the Friday before a scheduled Common Council vote. Protests shall follow State of Wisconsin requirements.

Is the applicant required to attend the Public Hearing?

While not required, it is recommended that the applicant or a representative attend the public meeting at the Plan Commission meeting and the Public Hearing at the Common Council to answer any questions from the Commission members, Council members, or the general public.