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De Pere, WI Building Setbacks & Zoning: Setback Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger
50%+ of homes within 300 ft built up
Setbacks affected
Front, rear, and interior side only
Outlier rule
Buildings 30% off average can be discounted
Citation
De Pere Zoning Ordinance § 14-21(8)
Administered by
Development services director, § 14-150
Penalty basis
Each uncorrected day is a separate violation

Summary

De Pere's zoning ordinance normally sets minimum front, rear and interior side setbacks by residential district, but Section 14-21(8) overrides those baseline figures whenever a neighborhood is already built up. Once at least half of the residential principal buildings within 300 feet of a lot exist, new construction must match the block's average setback instead of the district minimum.

(8) Average Setback When at least 50% of the neighborhood, as defined as all residential principal buildings within 300 feet of the subject parcel, is built up with residential principal buildings, the front setback, rear setback, and interior side setback requirements for new buildings shall be equal to the average of the existing buildings, except that any existing principal building set back 30% more or less than the average may be discounted from the formula.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Under Section 14-21(8) of the zoning ordinance, De Pere replaces its baseline setback figures with a neighborhood average whenever an area is already substantially developed. The rule applies once at least 50 percent of the neighborhood, which the ordinance defines as every residential principal building within 300 feet of the subject parcel, is built up with residential principal buildings. Once that threshold is met, the front setback, the rear setback, and the interior side setback for any new building on that parcel must equal the average of the setbacks already established by the existing buildings, rather than the numeric minimums otherwise set for the applicable residential district.

The ordinance builds in one adjustment: any existing principal building set back 30 percent more or less than the computed average can be discounted from the calculation, so a single unusually deep or shallow lot does not skew the neighborhood figure. The averaging rule reaches only front, rear, and interior side setbacks for principal residential buildings sited under Article II; it does not extend to accessory structures, which the ordinance addresses separately under Section 14-78. The development services director, who administers Chapter 14 under Section 14-150, reviews the surrounding lots when a builder invokes the averaging provision and works out the qualifying radius and resulting figure as part of building permit review.

Because the outcome depends on a case-by-case survey of neighboring lots rather than a printed table number, an applicant should get the director's determination before finalizing plans, since the district's standard setback minimums otherwise control by default.

Violations & Fines

Building or expanding a house without meeting the applicable setback, whether the district minimum or the neighborhood-averaged figure, is a zoning violation under Section 14-151. The city can withhold or revoke the building permit under Section 14-152(2), issue a municipal citation under Section 1-11 of the municipal code, or pursue other legal remedies under Section 14-152(4), and each day a violation continues after notice counts as a separate offense under Section 14-151(2).

Frequently Asked Questions

Does De Pere use one fixed setback number for every lot?
Not once a block is built up. Section 14-21(8) says that when at least 50 percent of the residential principal buildings within 300 feet of a parcel already exist, the front, rear, and interior side setbacks for new construction must match the average of those existing buildings instead of the district's printed minimum.
What area counts as the 'neighborhood' for averaging?
The ordinance defines it as all residential principal buildings located within 300 feet of the subject parcel. The city checks how many of those buildings exist and are residential before deciding whether the averaging rule, rather than the standard district setback, controls the application.
Can one unusual house skew the average setback?
No. Section 14-21(8) lets the city discount any existing principal building that sits back 30 percent more or less than the calculated average, so one deep or shallow outlier lot does not distort the resulting figure used for a new building's setback.
Who decides whether the averaging rule applies to my lot?
The development services director, who administers Chapter 14 under Section 14-150, reviews the surrounding parcels during building permit review and determines whether 50 percent of the neighborhood is built up and what the resulting average setback figure is.

Sources & Official References

Other rules in De Pere

All De Pere rules

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