Step 1. Application
If you are applying for a Conditional Use Permit, a pre-application is required. Otherwise, skip to Formal Application
1. Submit a Pre-Application to begin the process. Pre-Applications are due on Mondays at 2:00 p.m. in order to be processed that week. A $150 fee is due in order to process your pre-application.
2. A Case Manager is assigned to your case on Tuesday following the filing deadline. The Case Manager then contacts you to set up a Pre-Application Meeting.
3. Development plans submitted with the Pre-Application are distributed by the Case Manager to pertinent review agencies on Wednesday of the same week. Agencies have two weeks to review your plan and make any comments necessary.
4. A Pre-Application Meeting is held with the Case Manager. Pre-Application Meetings are not required, but are encouraged, particularly for new applicants. At this meeting, the Case Manager reviews any agency comments with you. If a Pre-Application Meeting is not held, the Case Manager sends agency comments to you.
5. You are required to hold a neighborhood meeting in order to present your plans to neighbors and respond to their feedback. The neighborhood meeting can be held at any time during the Pre-Application phase, but must be held prior to filing a formal application. Contact your Case Manager for additional information on neighborhood meetings, including notice requirements.
6. You are now ready to file a formal application.
Step 2. Formal Application
1. Submit the appropriate application (found on our application webpage). Applications are due on Mondays at 2:00 p.m. in order to be processed that week.
2. Development plans submitted with the Formal Application are distributed by the Case Manager to pertinent review agencies on Wednesday of the same week. Agencies have two weeks to review your plan and make any comments necessar
3. Agencies send comments to you within two weeks of receiving your plan. The Case Manager also notifies you once all agencies have responded. If no comments need to be addressed, then you can skip to step 5.
4. Once you receive agency comments, please address these and resubmit your plans. Just like the original deadline, resubmittals are due on Mondays at 2:00 p.m. Steps 2 and 3 are then repeated; however, agencies have only one week to submit comments to you on any resubmitted plans.
5. When all review agency comments have been addressed, your application is ready for review by the Board of Zoning Adjustment (BOZA).
Step 3. Board of Zoning Adjustment
1. Once the date of a Public Hearing is set by the case manager, you are required to send public notification to adjoining property owners by mail. Neighbors must be sent notification 14 days prior to the Public Hearing. Click here for additional information on public notices and here for the affidavit of notification. Also, signs are required to be posted on the property (Planning & Design staff will post the signs). Those signed up with our neighborhood notification program will also be notified by email.
2. The Case Manager conducts a site inspection of the property to assess the impact of the proposed development on the surrounding area and prepares a staff report at least 6 days prior to the Public Hearing. The staff report is provided in advance to BOZA members for their review and, together with the meeting agenda, is usually posted three days before the meeting here.
3. BOZA holds the Public Hearing. Public Hearings are typically held on the 1st and 3rd Monday of the month at 8:30 am. in the Old Jail Building located at 514 W. Liberty Street. Often, there are multiple cases on the agenda to be reviewed. Routinely, the staff person assigned to the case outlines the request, the applicant will present their information, and others in support will follow. Next, people with a neutral stance can speak, followed by those in opposition. The applicant then has time for rebuttal.
4. After the case has been heard, the Board will go into business session, where members will discuss and make a decision to approve or deny the request based upon all information presented. The decision is based upon your presentation, public testimony, and the staff report.
5. At the following BOZA hearing (usually two weeks later), the Minutes from your Public Hearing are voted on for approval. Once this happens, the file is transmitted to you and to proper agencies for their use.