Conditional Use Permits
Conditional Use Permits (CUPs) are required for some projects. Planning staff is available at any time to discuss your project. A good rule of thumb is to allow two months for approval and permitting of your project. Staff can give you a better idea based on your specific projects and the meeting schedule. The Homer Advisory Planning Commission approves or denies all Conditional Use Permits, after holding a public hearing.
Before applying for a Conditional Use Permit give us a call! 907-235-3106
More basic information about the application and review process. Planning staff is always available to answer questions.
- Submit your application on or before the application deadline.
- Once your application is determined to be complete, a public hearing will be scheduled before the Homer Advisory Planning Commission (HAPC) within 45 days.
- The hearing is advertised in the newspaper, and nearby property owners will receive a notice by mail.
- After the hearing, the Planning Commission has 45 days to make a decision. The Commission will announce their decision at a meeting along with any conditions and findings to support their decision.
- The Commission’s decision may not happen at the public hearing.
Who makes the decisions?
- Staff decides when the application is complete, and then schedules the hearing.
- Staff reviews the proposal and makes a recommendation to the HAPC.
- The HAPC makes the final decision after a public hearing.
- It takes five yes votes to pass (there are seven Commissioners).
- Do not contact Commissioners about your project. Prior to the hearing, Commissioners must declare all contact(s) with the applicant, whether in person, by telephone or electronic. Contact with Commissioners may be considered a conflict of interest which excludes a Commissioner(s) from participating in the CUP process.
How can I make this go faster?
- Apply early! Expect this process to take at least two months or longer from the date that your application is accepted as complete.
- Discuss your project with planning staff before you apply; identifying problems early on gives you more time to find a solution. This avoids scrambling at the last minute.
- For commercial projects, the Planning Department will schedule a pre-application meeting with planning, public works and the fire department.
- Site plans must be neat, legible, and to scale. Surveys maybe required. A list of surveyors and drafters can be found at the bottom of this page.
- The more complete your application is, the faster it will be processed.
What happens at the meeting?
The Public Hearing:
- The applicant or their representative should attend the public hearing.
- The public hearing begins with the staff outlining the project in relation to the city code and the staff recommendation(s).
- The applicant may present the project. Visuals with architectural designs are helpful. Be concise.
- Each member of the public has 3 minutes to address the Commission. Prior to the close of the public hearing, the applicant may respond to comments from the public and/or answer questions.
- Once the public hearing is closed, no new information can be submitted.
Planning Commission Deliberation:
- Once the hearing is closed, the Commission will talk over the proposal. They may do so in the meeting, or, they may go into what is called an 'executive session'. This means they may leave the chambers and go to another room to speak in private.
- The Commission may make a decision right away, or they may ask for more information, and may conduct another public hearing.
The Decisions and Findings document, and appeals.
- Using the approved minutes from the Commission meeting(s), staff prepares a legally binding document called a Decisions and Findings.
- If a member of the public wishes to appeal the Commissions’ decision, they must file within 30 days after the Decisions and Findings document has been signed.
- If your project is approved, then you can move forward and apply for a zoning permit, which must be approved before you begin development.
Zoning Permit is required before construction.
If your project is granted a conditional use permit, you can apply for your Zoning Permit. Fees for a Zoning Permit vary depending on the scope of your project.
Other requirements, such as Fire Marshal approval, a Storm water Plan, driveway/water/sewer permits, etc, must be in place before the city can issue a Zoning Permit. If ALL the required permits are in place and you have met the conditions of your CUP, a Zoning Permit will be issued within seven to ten working days.