Conditional Use Permit

A Conditional Use Permit (CUP) is required for certain development projects. CUP approval and subsequent permitting of a development project takes minimum two months and sometimes longer. City staff can give applicants a better idea on timeline based on specific projects and the Planning Commission meeting schedule. The Planning Commission approves or denies all Conditional Use Permits after holding a public hearing.

Before submitting a Conditional Use Permit application contact the City Planning Department at 907-235-3106 or planning@ci.homer.ak.us

Process

  • Submit CUP application on or before the application deadline. View the Agenda Deadlines webpage.
  • Once staff has determined the application to be complete, a Planning Commission public hearing will be scheduled within 45 days.
  • The public hearing is advertised in the local 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 Planning Commission.
  • The Planning Commission makes the final decision after a public hearing.
  • It takes five yes votes to pass (there are seven Commissioners).
  • Applicants should not contact Commissioners about their 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 application is accepted as complete.
  • Discuss projects with Planning staff before submitting the application; identifying problems early on gives applicants more time to find a solution.
  • For commercial projects, the Planning department will schedule a pre-application meeting with Planning, Public Works, and Fire departments.
  • Site plans must be neat, legible, and to scale. Surveys maybe required. A list of surveyors and drafters can be found on the Service Providers webpage.

Public Hearing Process

At 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 community member has three 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 a development project is approved then the applicant can move forward and apply for a zoning permit, which must be approved before development begins.

A Zoning Permit is Required Before Construction

If a development project is granted a Conditional Use Permit, the applicant can apply for a Zoning Permit. Fees for a Zoning Permit vary depending on the scope of the 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 the applicant has met the conditions of the CUP, a Zoning Permit will be issued within seven to ten working days.

More information can be found on the Planning Permits and Planning Fees webpages.