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Land Use

Land Use Issues

The Poncey-Highland Neighborhood Association is involved in building and land use issues in the neighborhood by reviewing applications for variances or special exceptions to city zoning ordinances. If a homeowner or business owner seeks to build or renovate a property, they must first obtain a building permit from the city. If the city determines that a variance or
special exception is required, the applicant is asked to begin the process by seeking input and approval from the neighborhood. Typically, these matters are referred to the Land Use Committee of the Board of Directors of the neighborhood association. The Land Use Committee reviews the application and makes a recommendation to the board. The board makes a recommendation to the Membership, and the issue is voted on at the monthly association meeting.

Land Use Procedures

The Applicant must follow all guidelines established by NPU-N. Should the Applicant not have them, the NPU-N Guideline Documents will be forwarded to the Applicant by the Land Use Chairperson.

The Applicant must contact the Land Use Chairperson and the application must be received by the Land Use Committee by the last day of the month to be on the agenda for the next month’s Board and Membership meetings. All application documents and associated plans shall be scanned and forwarded by email to the Land Use Chairperson. Upon receipt of the application, the Land Use Chairperson, or a designee, will contact the Applicant to set meetings to comply with the following timetable.

  • In the first week or second week of the month (but prior to Land Use Committee  Meeting), the Applicant may be asked to meet with a Land Use Committee member or members to present the application. This may involve physically visiting the site in question.

  • In the second week of the month (but prior to the Board Meeting), the Land Use Committee will meet to consider the Application. The Applicant may or may not be invited to attend the Land Use Committee Meeting. The Land Use Committee will vote whether to support or not support the Application.

  • On the second Thursday of the month at the Board Meeting, the Land Use Committee will present its recommendation to the Board. The Board will then vote to support, or not support, the Application.

  • On the third Wednesday of the month at the Neighborhood Meeting, the applicant will be required to present the Application request to the membership. The Board will present its recommendation. Current members of the Neighborhood Association who meet the current eligibility requirements for Land Use Actions will be eligible to vote to support, or not support, the application.

The NPU Representative will insure that the application is on the agenda for NPU-N’s next immediate meeting for a vote and, if so, will present the neighborhood’s recommendation. The NPU Representative may provide a count of the vote, if requested by the NPU-N Executive Committee. If the application is not on that agenda, the NPU Representative will advise the NPU-N Chair and may recommend that the application be added to the agenda in order to expedite the process.

If requested by the Applicant, by the Poncey Highland Land Use Chair, by the Poncey Highland NPU Representative, or by the NPU-N Chair, the President of the Poncey Highland Neighborhood Association will write a letter to the appropriate City Board (LRB, BZA or ZRB) providing the specifics of the neighborhood’s position on the application, the date and exact count result of the vote, any necessary explanation, and conditions or stipulations, as applicable.

An applicant whose request is not supported by the neighborhood still may go forward to the NPU and the relevant City Board with the Application.  It is the policy of the Poncey Highland Neighborhood Association to actively monitor Applications that are voted upon by the neighborhood membership. The Poncey Highland Neighborhood Association Board may assign a member of the Board or a member of the Land Use Committee to represent the Neighborhood Association at City Board hearings on the Application in order to state the neighborhood’s position and reasoning for the support for, or request for denial of, any Application.  There is not an appeal process; however, an amended Application, appropriately refiled, will be reconsidered.

Master Plan and

Zoning Information

Freedom Parkway Town Homes Site Plan

Freedom Parkway Town Homes Resubmittal

Land Use FAQs

DO I HAVE TO FOLLOW THE PROCEDURES OUTLINED ABOVE?

Yes, any deviation to the above stated procedures will result in non-action by the Land Use Committee and NPU-N.

 

WHAT TYPES OF ACTIVITY REQUIRE APPROVAL FROM THE NEIGHBORHOOD ASSOCIATION?

Typically, any building activity that requires a variance or special exception from zoning ordinances. When you go to obtain your building permit, the permit office will tell you whether your project requires a variance or special exception.

 

WHAT DOES THE APPLICANT DO IF HE/SHE NEEDS A VARIANCE OR SPECIAL EXCEPTION?

Contact the Chairperson of the Land Use Committee. Be prepared to provide a electronic copy of your variance application and all supporting documents. The committee will review the application and make recommendations as noted above.

 

WHAT HAPPENS IF I GET APPROVAL FROM THE NEIGHBORHOOD?

After you get approval from the neighborhood, you will go before the NPU (Neighborhood Planning Unit). The process is similar to that which you go through at the Neighborhood Association.

 

WHAT HAPPENS IF THE APPLICANT REQUIRES A DEFERRAL (FOR ANY REASON)?

A Request for Deferral must be in writing and sent to the Land Use Chairperson and the NPU-N Chairperson with a complete explanation of reasons why a Deferral is requested and/or required. Such Request must be received a minimum of ONE day prior to the scheduled meeting of the Land-Use Committee for which the Application is to be reviewed.

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