Zoning Map Amendments (Rezoning) in De Pere

What is the purpose of a Zoning Map Amendment?

The zoning map amendment (rezoning) 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 zoning map amendment with a pre-existing PDD overlay that is being removed utilizes the same process as a zoning map amendment. A separate application or fee is not required for removal.

Who may initiate a Zoning Map Amendment?

Any landowner may submit a zoning map amendment request for their property. Additionally, any alderperson or any city board, committee, commission or officer may submit a zoning map amendment 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 Comprehensive Plan be consulted prior to any zoning map amendment request to ensure consistency.

How long does the process take?

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

What is the application fee?

See the fee schedule for all applicable fees.

What is required for a Zoning Map Amendment application?

A 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 Zoning Map Amendment approval?

  1. Preapplication meeting with staff required: Meet with the Zoning Administrator to discuss to discuss he proposed amendment and the applicable procedures.
  2. Application Filing: Zoning map amendment applications must be filed with the zoning administrator. Please note that supporting plans and data must be included with the application. Also, the review fee must be paid before the project review can begin.
  3. Neighbor communication: The applicant should contact owners of properties that abut the subject property, and owners of properties to whom mailed notice is required by law, in order to provide information on the proposed zoning map amendment and to gauge neighbor support for the proposal.
  4. Public notices: City staff will publish Class II public hearing notices as require by state law, and mail notices to property owners within 300 feet of the property. City staff will also place a sign(s) on the property.
  5. Plan Commission Meeting: Staff will refer the request to a Plan Commission meeting. Please submit requests at least 5 weeks prior to a Plan Commission meeting to increase chances of placement on a specific agenda. Plan Commission will make a recommendation of approval or denial, table the request,  or refer the request back to staff.
  6. Public Hearing: If Plan Commission makes a recommendation to approve or deny, a public hearing will be scheduled prior to consideration by Common Council.
  7. Common Council Meeting: After the public hearing takes place (often on the same night as the public hearing) Common Council will consider the request and make a final decision to approval or denial, table the request,  or refer the request back to either Plan Commission or staff.
  8. If a final decision is approval: The Zoning Map will be updated shortly after the meeting and the petitioner can consider uses that are available in the new zoning district.
  9.  If a final decision is denial: The Zoning Map will remain the unchanged. The same or a more intensive zoning map amendment may not be filed again for one year from the date of the final decision. A new request must be substantially different than the one that was denied during that timeframe..

Can the public file a protest petition?

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 Meetings and Public Hearing?

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