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. A permitted use is permitted by right and can be established within the zoning district for which it is listed if all zoning and other Municipal 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 conditional use will be compatible with the uses that are established for your neighborhood.

Who may apply for a Conditional Use?

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 application?

A Conditional Use Permit application 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 use the online application form when submitting an application. 

General Conditional Use Review Criteria and 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 or general welfare;
  2. That the uses, values and enjoyment of surrounding properties for purposes already permitted in the district will be not be substantially impaired or diminished by the establishment, maintenance or operation of the proposed conditional use;
  3. That establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district;
  4. That adequate utilities, access roads, drainage and other necessary improvements have been or are being provided;
  5. That adequate measures have been or will be taken to provide ingress and egress that will minimize on- and off-site traffic congestion; and
  6. That the conditional use complies with all other applicable regulations of this zoning ordinance.

There are additional conditional use regulations, specific to to each desired conditional use,  that must be addressed by the applicant. The additional regulations can be found in Zoning Ordinance Article VII (Uses).

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 Common 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 Conditional Use and specifies that the personal preference or speculation of the commission or person opposed to the Conditional Use 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 be taken away (revoked)?

Yes. If the Zoning Administrator determines that that the conditions and stipulations of an approved conditional use have not been complied with, then the conditional use may be revoked. If a conditional use is not used within twelve (12) months, the conditional use may be be revoked.

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 Conditional Use approval?

The approval procedures for conditional uses can be found in Zoning Ordinance 14-123 (Conditional Uses. The following is a summary of the steps needed to obtain approval:

  1. Determine who can apply for a conditional use: Applications may be initiated by the Common Council, an eligible agent (property owner), or an authorized representative of the property owner.

  2. Schedule a pre-application meeting: The applicant must meet with the Zoning Administrator to discuss the proposed conditional use and procedures before submitting an application.

  3. File an application: Use the online application form to file an application with the Zoning Administrator. The application, payment, and appropriate supporting documents must all be submitted before the application is considered. Applications should be submitted at least one month prior to the desired Plan Commission meeting. Unfortunately, placement on specific meeting agendas cannot be guaranteed.

  4. Staff reviews the application and documents: If the proposal is potentially approvable then tentative meeting dates will be scheduled for Plan Commission review, a public hearing, and Common Council decision. If revisions are needed or if the proposal is potentially deniable, then staff will ask the applicant if they want to either withdraw the project or make revisions to allow the project to be potentially approvable.

  5. Public notices from the applicant: To minimize questions and objections from neighbors, the applicant should notify neighboring property owners about the request, either in person or via mail. This can be an important step that allows a tentative objector to have questions answered in a one-on-one basis before a meeting occurs.  

  6. Public notices from staff: Staff will prepare a Class II public hearing for publishing, a notice for the property owner, and a notice for all property owners within 300 feet of the subject property. The City may place a sign on the property, announcing the public hearing.

  7. Plan Commission review: The Plan Commission recommends either approval or denial. The Class II Public Notice will be published for a public hearing before the Common Council meeting. The public may speak during the meeting.

  8. Public Hearing: Prior to Common Council taking action, a public hearing takes place. The public may speak, ask questions, and express reasons for objections during the public hearing.

  9. Common Council review and decision: The Common Council reviews the Plan Commission recommission action, the public hearing, the submitted documentation, and then makes a final decision.

If the final decision is approval, then the conditional use remains valid for one year from the established effective date if the conditional use is not used right away.

If the final decision is approval with conditions, the the conditions must be followed and established within that same one year timespan.

If the final decision is denial, then an applicant cannot make the same, or a similar, conditional use request for one year for the same property.

Is the applicant required to attend the Public Hearing?

While not required, it is strongly recommended that the applicant or the authorized representative attend the Plan Commission meeting, the Public Hearing, and the Common Council meeting to answer any questions that arise.

What does a Conditional Use allow me to do?

Approval by the City of a Conditional Use allows you to proceed with seeking site plan approvals and obtaining proper permits for a specific use or development plan on the property. The conditions identified with an approved conditional use must all be satisfied in order to do what the conditional use allows.

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 a Conditional Use good for?

A Conditional Use remains valid for as long as the use fulfills all the established conditions and the use remains in operation.  A Conditional Use runs with the property and may be transferred to a subsequent owner of the same property that has the same use. The Conditional Use will expire if if the use stops or changes at any time. Also:

  • Failure to use a Conditional Use within one year of the effective date will cause the Conditional Use to expire. 
  • Ceasing the use of a Conditional Use will cause the Conditional use to expire.
  • Failure to meet all required conditions of a Conditional Use will result in a violation(s) and potential revocation.