Conditional Use Permits (CUP) in the City of De Pere

Here is extensive information related to Conditional Use Permits in the City of De Pere. Please take time to review these materials. If you have any questions, please reach out to our Planning & Zoning Division at (920) 339-4043.

What is a Conditional Use?

Zoning Ordinances identify uses that are permitted and conditional for each zoning district. Permitted use is permitted by right and can be established within the zoning district for which it is listed if all zoning and other city code requirements are satisfied. Conditional uses, because of the varying characteristics, require review and approval by the City Plan Commission. Conditional uses work to assure you and your neighbors that the use of adjacent properties will be compatible with the property use established for your neighborhood.

Who may apply for a Conditional Use Permit?

An application for a Conditional Use Permit may be submitted by the landowner upon which a conditional use is desired or by a leaseholder additional applicant, with authorization from the landowner. 

What is required for a Conditional Use Permit application?

A Conditional Use Permit submittal must include a completed application signed by the property owner or authorized agent, application fee and a site plan. The site plan shall include the location of new and existing buildings, parking, open space, building setbacks, etc. It is also helpful to include a detailed cover letter explaining the request; the more information that is provided on the proposed use, the better. Staff may request additional information to better understand your proposed use.  Please click here to complete & submit the online application. 

Conditional Use Permit standards:

The Zoning Ordinance provides specific standards by which conditional use permits shall be reviewed. No Conditional Use Permit shall be approved by the Plan Commission unless the commission shall find:

  1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
  2. That the conditional use will not be injurious to the use and enjoyment of other property in the orderly development and improvement in the immediate vicinity for the purposes already permitted nor substantially diminish or impair property values within the neighborhood;
  3. That adequate facilities, access roads, drainage, and/or necessary facilities have been or are being provided;
  4. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
  5. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Council pursuant to the recommendations of the Plan Commission.

Are there conditions or guarantees the application must abide by?

Prior to the granting of any conditional use, the Plan Commission may recommend, and the Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection 5., above. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 2017 Wisconsin Act 67 requires substantial evidence in the record to support a denial of the CUP and specifies that the personal preference or speculation of the commission or person opposed to the CUP is not substantial evidence. Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

Can a Conditional Use Permit be taken away?

Upon the determination by the Zoning Administrator that the time limits cited in Section 14-06(3) or the conditions and stipulations of an approved conditional use have not been complied with, the Zoning Administrator shall send written notice to the party granted the conditional use of the actions necessary to comply with the conditional use permit. The notice shall specify that failure to comply with the required conditions or stipulations within thirty (30) days will invalidate the conditional use permit. Appeals to this determination shall be to the Plan Commission.

How long does the process take?

Typically, action on a complete Conditional Use Permit application is 6-8 weeks.

What is the application fee?

See the fee schedule for all applicable fees.

What are the steps for CUP 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 Conditional Use Permit application: Submittal shall include the completed Conditional Use Permit application form, plans for the project with site plan, any other information pertinent to understanding your request or required by staff, and the application fee.

  4. All owners of property located within three hundred (300) feet of any property proposed for conditional use permit shall be forwarded a copy of the Plan Commission agenda prior to the Plan Commission meeting at which the proposed conditional use application is reviewed.

  5. Review Comment Period: Your application materials are sent to the various City Departments (Parks, Public Works, Fire, etc.) as well as the District Alders, Mayor and Plan Commission Chair for review and comment. Staff then works with you to address any questions or comments that might arise prior to the Plan Commission meeting.

  6. 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.

  7. No conditional use shall be recommended by the Plan Commission unless such Commission shall find:
    • That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
    • That the conditional use will not be injurious to the use and enjoyment of other property in the orderly development and improvement in the immediate vicinity for the purposes already permitted nor substantially diminish or impair property values within the neighborhood;
    • That adequate facilities, access roads, drainage, and/or necessary facilities have been or are being provided;
    • That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
    • That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Council pursuant to the recommendations of the Plan Commission.

  8. Public Hearing Notification: If Plan Commission recommends approval, a Class II Public Notice must be published for a public hearing at the Common Council meeting. A copy of the Class II Public Hearing is also mailed to all property owners within 300 feet of the property.

  9. Common Council Action: For each application for a conditional use, the Plan Commission shall report to the Council its findings and recommendations, including the stipulations or additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed conditional use is not acted upon finally by the Council within sixty (60) days of the date upon which such application is received by the Council, it shall be deemed to have been denied.

  10. Conditions: Prior to the granting of any conditional use, the Plan Commission may recommend, and the Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements above. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

  11. Revocation of a conditional use. Upon the determination by the Zoning Administrator that the time limits cited in Section 14-06(3) or the conditions and stipulations of an approved conditional use have not been complied with, the Zoning Administrator shall send written notice to the party granted the conditional use of the actions necessary to comply with the conditional use permit. The notice shall specify that failure to comply with the required conditions or stipulations within thirty (30) days will invalidate the conditional use permit. Appeals to this determination shall be to the Plan Commission.

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.

What does a Conditional Use Permit allow me to do?

Approval by the City of a Conditional Use Permit allows you to proceed with obtaining proper permits for a specific use or development plan on the property, upon satisfying the conditions imposed by the Commission, provided that any other necessary approvals are satisfied.

Am I allowed to alter my Conditional Use Permit after approval?

Amendments to an approved Conditional Use Permit will require new approval by the Common Council and follow the process as if it were a new CUP.

How long is my Conditional Use Permit good for?

Failure to act on the Conditional Use Permit within one year of date of approval will render the approval void. A Conditional Use Permit is valid as long as the use fulfills all conditions or approval and remains in operation. A Conditional Use Permit runs with the property and may be transferred to a subsequent owner. If a use allowed by a conditional use permit is established but ceases for a period of 24 or more consecutive months, the conditional use permit expires. (CHECK STATE STATUES)