What Is a Conditional Use Permit (CUP) in Wisconsin?

A conditional use permit (CUP) in Wisconsin allows a property use that is not automatically permitted in its zoning district but may be approved under certain conditions. Common examples include daycare centers in residential zones, churches, gas stations, drive-through restaurants, certain home businesses, and telecommunications towers. The CUP process is governed by Wisconsin Statute § 59.69 (counties) and § 62.23 (cities). To obtain a CUP, you submit an application to your municipality's zoning or planning department, which reviews the proposal against specific criteria: compatibility with surrounding land uses, traffic impact, noise, environmental effects, and consistency with the comprehensive plan. A public hearing is typically required, and neighboring property owners are notified. The plan commission or zoning board then votes to approve, deny, or approve with conditions. Conditions attached to a CUP can include operating hours, building setbacks beyond the standard requirements, landscaping or screening requirements, parking provisions, lighting restrictions, and noise limits. CUPs run with the land (they stay with the property, not the owner) and typically do not expire unless a specific time limit is imposed. However, violations of the conditions can result in revocation. Application fees range from $200 to $1,500 depending on the municipality and project complexity. The process typically takes 2 to 4 months from application to decision.

Check Your Municipality

Permit requirements, fees, and exemptions vary by municipality. Verify the specifics for your location.