Chapter 10.03 DISTRICT REGULATIONS

Chapter 10.03
DISTRICT REGULATIONS

Sections:

10.03.010 PLI district – Public lands and institutions district.

10.03.020 R-1 district – Single-family and two-family residential district.

10.03.030 MFR district – Multifamily residential district (medium density).

10.03.040 RA-2.5 district – Residential/agriculture district.

10.03.050 RA-5 district – Low density residential/agricultural district.

10.03.060 NC district – Neighborhood commercial district.

10.03.070 C district – Commercial district.

10.03.080 LI district – Light industrial district.

10.03.090 HI district – Heavy industrial district.

10.03.100 H district – Holding district.

10.03.110 PH district – Parks Highway district.

10.03.010 PLI district – Public lands and institutions district.

A. Intent. The PLI district is intended to include significant open lands and public park and recreation facilities and major public and institutional uses, including governmental office and public facilities.

B. Permitted Uses. The PLI district permits the use of land for a broad range of governmental and public uses, including parks, recreation, open space lands, historical and cultural facilities, educational institutions, municipal facilities, housing for the elderly, office buildings, and installations of all types, headquarters and administrative offices for charitable organizations and religious facilities. Publicly owned land may be placed in the PLI district in a holding capacity prior to determining a permanent use. Upon determination of a public use or upon disposal of the land to private ownership, the land shall be rezoned to an appropriate district, if required, depending on the anticipated uses. The change in zoning districts shall be accomplished in accordance with Chapter 10.08 HMC. Any uses of a character not consistent with the type of uses listed above are prohibited.

C. Minimum Lot Requirements. The minimum lot size for any permitted principal use within the district shall be 40,000 square feet.

D. Conditional Uses.

1. Natural resource extraction and telecommunication towers may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

2. Hospitals, sanitariums, public housing, convalescent centers, and medium security incarceration facilities or other incarceration facilities providing the equivalent or higher level of security may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC and the following special standards:

a. Where the approval of a conditional use application would result in the interface of residential and nonresidential uses, any approval of the conditional use shall impose conditions and design standards necessary to ensure the maintenance of the character of recreational or other public lands and institutions.

b. The proposed site shall have direct access from a street of “collector” or greater designation, as shown on the adopted transportation plan.

c. Minimum lot size: two and one-half acres.

d. Adequate off-street parking shall be provided in connection with any permitted use, the minimum for each use to be as provided in the supplementary district regulations.

e. All areas of the site not devoted to buildings, structures, parking areas, walkways, driveways, or specifically permitted land use shall be covered with one or more of the following: lawn grass, natural or ornamental shrubbery, or trees.

f. Where it deems necessary, the City Council may require that the site be fully enclosed by a wall or fence to prevent casual access to and from the site, or that the periphery of the site be suitably screened by evergreen planting or by other natural planting of sufficient height and density to provide and maintain a year-round visual screen.

E. Permitted Accessory Uses and Structures. Only uses and structures which are necessary or desirable adjuncts to the permitted uses and structures indicated above are allowed within the PLI district, so long as those necessary uses and structures are under the management and control of the organization or agency responsible for the permitted principal use or structure.

F. Prohibited Uses and Structures.

1. Correctional community residential centers and other incarceration facilities not conforming to current state of Alaska, Department of Corrections medium security standards in existence.

2. Marijuana establishments and marijuana social clubs.

3. Industrial hemp growing, processing and retail sales.

4. Short-term rentals as defined in HMC 10.01.040. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 5, 2021; Ord. 22-08 § 5, 2022. Formerly 10.41.500)

10.03.020 R-1 district – Single-family and two-family residential district.

A. Intent. The intent of this district is to provide for low density, rural residential development with single-family and two-family dwellings and to provide for such community services and facilities that would serve the area populations while preserving the character of existing residential areas within the City of Houston.

B. Permitted Uses of Structures.

1. The R-1 district allows one single-family, modular, or two-family dwelling on an individual lot. More than one primary dwelling residence requires a variance from the City of Houston.

2. In addition to the residential uses, the district allows uses such as short-term rentals, public schools and libraries, day care centers, parks and playgrounds, churches, small agriculture uses including plant nurseries and truck gardens, as long as no odors or dusts are created affecting adjacent properties. Any use not consistent with uses listed under permitted or conditional uses and not a nonconforming use lawful before the effective date of the ordinance codified in this chapter is prohibited.

C. Conditional Uses. Natural resource extraction, telecommunication towers and mobile home parks may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The R-1 district allows uses and/or structures which are necessary and desirable adjuncts to the permitted uses, where such accessory uses and structures are clearly secondary and incidental to the primary use of the property as a residence, and are under the management and control of the owner or resident of the dwellings on the lot. This includes private garages, up to five dogs allowed, private storage in yards of noncommercial equipment, including noncommercial trucks, boats, aircraft, campers and travel trailers, in a safe and orderly manner; storage buildings; and other incidental structures and uses. Home occupations, including limited marijuana cultivation facilities, are permitted accessory uses defined in HMC 10.01.040 and regulated in HMC 10.04.020.

E. Minimum Lot Requirements. Lot area, 40,000 square feet.

F. Parking. See HMC 10.04.060.

G. Signs. See Chapter 10.05 HMC.

H. Prohibited Uses and Structures.

1. Marijuana establishments and marijuana social clubs, except that limited marijuana cultivation facilities are permitted as an accessory use and structure.

2. Industrial hemp growing, processing and retail sales. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 6, 2021; Ord. 22-08 § 6, 2022. Formerly Ch. 10.41 Art. IV)

10.03.030 MFR district – Multifamily residential district (medium density).

A. Intent. The intent of this district is to allow for a slightly greater density of residential land use than is permitted in an R-1 district. The intent of the zone is to allow these increased densities only where it is feasible to provide an increased level of community services, such as a community sewage disposal system or a community water system. This district is intended to act as a buffer area between the existing low density, rural residential areas of the community and the proposed higher intensity uses along the highways and near major intersections.

B. Permitted Uses and Structures.

1. The MFR district allows the development of single-family homes, modular homes, two-family dwellings and multifamily dwellings on individual lots. Multifamily dwellings that exceed four units require a variance has been obtained from the City of Houston.

2. In addition to the residential uses, the district allows uses such as short-term rentals, public schools and libraries, nursery schools, day care centers, parks and playgrounds, churches, small agricultural uses including plant nurseries and truck gardens, as long as no odors or dusts are created affecting adjacent properties. Any use not consistent with the uses listed under permitted or conditional uses and not a nonconforming use lawful before the effective date of the ordinance codified in this title is prohibited.

C. Conditional Uses. Natural resource extraction, telecommunication towers and mobile home parks may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The MFR district allows uses and/or structures which are necessary and desirable adjuncts to the permitted uses, where such accessory uses and structures are clearly secondary and incidental to the primary use of the property as a residence, and are under the management and control of the owner or resident of the dwellings on the lot. This includes private garages, up to five dogs allowed, private storage in yards of noncommercial equipment, including noncommercial trucks, boats, aircraft, campers and travel trailers, in a safe and orderly manner; storage buildings; and other incidental structures and uses. Home occupations are permitted accessory uses defined in HMC 10.01.040 and regulated in HMC 10.04.020.

E. Minimum Lot Requirements – Lot Area. The minimum lot size shall be 20,000 square feet. The maximum number of units allowed on a particular lot for multifamily use shall be determined by the capacity of the water and sewer systems to provide adequate service. Community water and/or sewer systems shall have Department of Environmental Conservation approval.

F. Parking. See HMC 10.04.060.

G. Signs. See Chapter 10.05 HMC.

H. Prohibited Uses and Structures.

1. Marijuana establishments and marijuana social clubs.

2. Industrial hemp growing, processing and retail sales. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 7, 2021; Ord. 22-08 § 7, 2022. Formerly Ch. 10.41 Art. IV)

10.03.040 RA-2.5 district – Residential/agriculture district.

A. Intent. The intent of this district is to provide for a low-density rural/agriculture single-family district identical to RA-5 in terms of permitted uses and structures, the only change being that lot sizes as small as two and one-half acres are allowed herein. The RA-2.5 district is intended to be located in areas either suited to agricultural uses and intended to be set aside for such uses on a long-term basis, or in areas where development trends and physical features indicate the appropriateness of a very low intensity of residential development. This small lot size may be justified when consistent with existing development and residential densities in the vicinity.

B. Permitted Uses and Structures. The RA-2.5 district allows the development of one single-family home or modular home on individual lots. More than one primary dwelling residence requires a variance from the City of Houston. In addition to the new residential uses, the district allows uses such as short-term rentals, public schools and libraries, churches, day care centers, parks and playgrounds, both small and large agricultural uses, including commercial farms, standard or limited marijuana cultivation facilities, nurseries, and truck gardens. Industrial hemp processing facilities and industrial hemp growing located not less than 1,000 meters (3,280.84 feet) from marijuana cultivation are permitted. Any use not consistent with uses listed under permitted or conditional uses and not a nonconforming use lawful before the effective date of the ordinance codified in this chapter is prohibited.

C. Conditional Uses. Natural resource extraction and telecommunication towers may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The RA-2.5 district allows any uses or structures which are necessary and desirable adjuncts to permitted uses, where such accessory uses of the property at a residence are under the management and control of the owner or resident of the single-family dwelling on the property. This includes private garages, major kennels, marijuana testing facilities, private storage in yards of noncommercial equipment, including noncommercial trucks, boats, aircraft, campers and travel trailers, in a safe and orderly manner, noncommercial storage buildings, and other incidental structures and uses. Home occupations are permitted as accessory uses as defined in HMC 10.04.020 and regulated in Chapter 10.07 HMC.

E. Minimum Lot Requirements. The minimum lot area shall be two and one-half acres.

F. Parking. See HMC 10.04.060.

G. Signs. See Chapter 10.05 HMC.

H. Prohibited Uses and Structures.

1. Marijuana establishments, including marijuana social clubs, except that standard and limited marijuana cultivation facilities and marijuana testing facilities are permitted as stated in this section.

2. Industrial hemp retail facilities. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 8, 2021; Ord. 22-08 § 8, 2022. Formerly 10.41.515)

10.03.050 RA-5 district – Low density residential/agricultural district.

A. Intent. The intent of this district is to provide for a very low-density rural/agriculture single-family district. The RA-5 district is intended to be located in areas either suited for agricultural uses and intended to be set aside for such uses on a long-term basis, or in areas where development trends and physical features indicate the appropriateness of a very low intensity of residential development. This larger lot size should be applied in such areas unless existing development and residential densities justify the two-and-one-half-acre minimum lot size allowed in the RA-2.5 district.

B. Permitted Uses and Structures.

1. The RA-5 district allows the development of one single-family home or modular home on individual lots. More than one primary dwelling residence requires a variance from the City of Houston.

2. In addition to the residential uses, the district allows uses such as short-term rentals, public schools and libraries, churches, nursery schools, day care centers, parks and playgrounds, both small and large agricultural uses, including commercial farms, nurseries, standard or limited marijuana cultivation facilities, and truck gardens. Industrial hemp processing facilities and industrial hemp growing located not less than 1,000 meters (3,280.84 feet) from marijuana cultivation are permitted. Any use not consistent with uses listed under permitted or conditional uses and not a nonconforming use lawful before the effective date of the ordinance codified in this chapter is prohibited.

C. Conditional Uses. Natural resource extraction and telecommunication towers may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The RA-5 district allows any uses or structures which are necessary and desirable adjuncts to the permitted uses where such accessory uses and structures are secondary and incidental to the primary use of the property as a residence and are under the management and control of the owner or resident of the single-family dwelling on the property. This includes private garages, the outdoor harboring or keeping of dogs and animals, major kennels, marijuana testing facilities, private storage in yards of noncommercial equipment including noncommercial trucks, boats, aircraft, campers and travel trailers, in a safe and orderly manner, noncommercial storage buildings, and other incidental structures and uses. Home occupations are permitted accessory uses as defined in HMC 10.04.020 and regulated in Chapter 10.07 HMC.

E. Minimum Lot Requirements. The minimum lot area shall be five acres.

F. Parking. See HMC 10.04.060.

G. Signs. See Chapter 10.05 HMC.

H. Prohibited Uses and Structures.

1. Marijuana establishments and marijuana social clubs, except that standard and limited marijuana cultivation facilities and marijuana testing facilities are permitted as stated in this section.

2. Industrial hemp retail facilities. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 9, 2021; Ord. 22-08 § 9, 2022. Formerly 10.41.516)

10.03.060 NC district – Neighborhood commercial district.

A. Intent. The intent of this district is to allow for the provision of goods and services on a retail basis within R-1, MFR, RA-2.5 and RA-5 districts in order to provide occupants of these residential districts with the convenience of neighborhood shopping. The NC neighborhood commercial district is intended to apply only to areas which are isolated from other commercial zones, are located on collector streets rather than local roads, but to which there is easy access for the surrounding residential district. This district is intended to be small and compact in design. General guidelines for developing within this district are as follows:

1. All businesses are to be conducted within enclosed buildings except for parking and outdoor storage.

B. Permitted Uses and Structures. The NC district allows for the development of stores primarily offering what are usually considered to be “convenience” goods and/or services. Public or semipublic uses which are customarily associated with or designed to serve neighborhood level residential areas are also permitted. Any use not consistent with uses listed under permitted or conditional uses and not a nonconforming use lawful before the effective date of the ordinance codified in this chapter is prohibited.

C. Conditional Uses. Natural resource extraction, telecommunication towers, used car lots, the sale of used parts, and junk/salvage yards may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The NC district allows uses and structures which are customarily accessory and incidental to the permitted principal uses and structures. A single-family dwelling to the rear of a permitted use; provided, that such dwelling is primarily for the use of the person owning or operating the commercial use, and/or a single-family or multifamily use(s) above a permitted use.

E. Prohibited Uses and Structures.

1. Manufacturing, except in connection with articles for sale at retail on the premises; and

2. Any use which causes, or may reasonably be expected to cause, excessive noise, vibration, odor, smoke, dust, or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond the lot line of the lot on which it is located. “Excessive” is defined for these purposes as a degree exceeding that generated by uses in the district in a customary manner of operation, or to a degree injurious to public health, safety, welfare and convenience.

3. Marijuana establishments and marijuana social clubs.

4. Industrial hemp growing, processing and retail sales.

F. Minimum Lot Requirements. Lot area shall be 20,000 square feet if a State Department of Environmental Conservation approved community water and/or sewer system is provided; 40,000 square feet without such an approved community water and/or sewer system.

G. Parking. See HMC 10.04.060.

H. Signs. See Chapter 10.05 HMC. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 10, 2021. Formerly Ch. 10.41 Art. IV)

10.03.070 C district – Commercial district.

A. Intent. The intent of the C district is to provide a broad range of goods and services to meet the needs of the population of the City as well as the traveling public utilizing the Parks Highway.

B. Permitted Principal Uses and Structures. The C district allows the development of retail sales, commercial, personal, governmental, and public services. Any use not consistent with uses listed under permitted or conditional uses and not a nonconforming use lawful before the effective date of the ordinance codified in this chapter is prohibited. Permitted uses include general commercial stores, transportation related commercial activities, churches, professional and business offices. Additional permitted uses include:

1. Marijuana retail stores;

2. Marijuana testing facilities;

3. Marijuana cultivation facilities;

4. Marijuana on-site consumption if licensed by the state of Alaska for that purpose and if collocated with a marijuana retail facility;

5. Industrial hemp processing and retail facilities.

C. Conditional Uses. Natural resource extraction, mobile home parks, modular buildings, adult businesses, telecommunication towers, car lots, and junk/salvage yards may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The C district allows uses and structures which are customarily accessory and incidental to the permitted principal uses and structures including:

1. A single-family dwelling to the rear of a permitted use; provided, that such dwelling is primarily for the use of the person owning or operating the commercial use;

2. A single-family or multifamily dwelling(s) above a permitted commercial use; and/or

3. Marijuana product manufacturing facilities.

E. Prohibited Uses and Structures.

1. Manufacturing, except in connection with articles to be offered for retail sale on the premises; and except marijuana manufacturing facilities;

2. Any use which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond the lot lines of the lot in which it is located. “Excessive” is defined for these purposes as a degree exceeding that generated by uses in the district in a customary manner of operation or to a degree injurious to public health, safety, welfare and convenience;

3. Marijuana social clubs;

4. Industrial hemp growing; and

5. Short-term rentals as defined in HMC 10.01.040.

G. Parking. See HMC 10.04.060.

H. Signs. See Chapter 10.05 HMC.

I. Vegetative Buffer Standards.

1. Intent. This section establishes standards for maintenance, selective clearing, and planting of vegetation to maintain an attractive character of the community. These standards provide for continued economic development and commercial or industrial enterprise while preserving or establishing a setting that reflects the values of the community. It is the intent of these buffer standards to encourage development that will maintain a buffer of trees, ornamental vegetation and native grasses but, if so desired by the landowner, to allow views into businesses.

2. Buffering Standards.

a. There shall be left a 25-foot-deep strip of native vegetation from the edge of any road right-of-way, running parallel to the road or highway, for all commercial and industrial properties that are bounded by roads.

b. There shall be a minimum 25-foot buffer of natural vegetation between commercial and industrial properties and adjacent properties.

c. Where native vegetation has previously been cleared, native vegetation or a mix of native vegetation and ornamental vegetation up to a maximum of 50 percent ornamental vegetation shall be replanted in replacement of cleared vegetation. Where native vegetation has been previously grubbed, lawn, native vegetation, or ornamental vegetation shall be planted in the cleared area.

d. Where vegetation is planted in a previously cleared area, this shall include trees planted at a net density of one tree per 200 square feet (one tree per eight feet of road frontage). Trees may be more tightly grouped or massed in one area in order to allow more open views to businesses, or signage in other areas, within the buffer area. On lots adjacent to the Parks Highway, where a frontage or parallel access road is present, buffering requirements shall be from the lot line common with the edge of the frontage or access road, as opposed to the Parks Highway.

3. Buffering Standards Exceptions.

a. Buffer requirements do not apply to driveways authorized by permit issued by the City of Houston or the Alaska State Department of Transportation and Public Facilities (ADOT and PF).

b. Trimming of trees and shrubs is permitted to allow views to properties or signage. Unhealthy, damaged, or dead trees posing a hazard may be removed.

c. Trimming of trees and shrubs is permitted within the buffer as needed to accommodate utility service between rights-of-way, utility easements, and development on individual lots.

J. Marijuana Establishment Setback/Buffer.

1. Structures containing a marijuana retail store shall be set back a minimum of 100 feet from any adjacent residential lot line, inclusive of the 25-foot vegetative buffer requirement of subsection (I)(2)(b) of this section.

2. All marijuana establishments are subject to the buffer standards of subsection (I) of this section. (Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 13-04 § 4, 2013; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 11, 2021; Ord. 22-08 § 10, 2022)

10.03.080 LI district – Light industrial district.

A. Intent. The LI district is intended to provide area for light industrial uses, especially transportation related uses associated with the Parks Highway and the railroad corridor. Uses are intended to be low intensity industrial uses, and are not intended to have manufacturing or other uses which produce noise, smoke, glare, or other characteristics that could be detected from off site.

B. Permitted Uses and Structures. The LI district allows development of a full range of light industrial structures and uses, including warehousing, distribution, operations, light manufacturing, marijuana product manufacturing facilities, marijuana cultivation facilities, and marijuana testing facilities, office structures, and wholesale business not involved in retail trade. Industrial hemp processing facilities and industrial hemp growing located not less than 1,000 meters (3,280.84 feet) from marijuana cultivation are permitted. Any use not consistent with uses listed under permitted or conditional uses or not a nonconforming use lawful before the effective date of the ordinance codified in this chapter is prohibited.

C. Conditional Uses. Natural resource extraction and telecommunication towers consisting of a tower may be conditionally permitted pursuant to the requirements of Chapter 10.07 HMC.

D. Permitted Accessory Uses and Structures. The LI district allows uses and structures which are customarily accessory and incidental to the permitted principal uses and structures.

E. Prohibited Uses and Structures.

1. Any use which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond lot lines of the lot on which it is located. “Excessive” is defined for these purposes as a degree exceeding that generated by uses in the district in a customary manner of operation or to a degree injurious to public health, safety, welfare and convenience.

2. Marijuana retail stores and marijuana social clubs.

3. On-site consumption of marijuana or marijuana products in marijuana establishments.

4. Industrial hemp retail facilities.

5. Short-term rentals as defined in HMC 10.01.040.

F. Minimum Lot Requirements. Lot area shall be 20,000 square feet if a State Department of Environmental Conservation approved on-site community water and/or sewer system is provided.

G. Parking. See HMC 10.04.060.

H. Signs. See Chapter 10.05 HMC.

I. Vegetative Buffer Standards.

2. Buffering Standards.

b. There shall be a minimum 25-foot buffer of natural vegetation between commercial and industrial properties and adjacent properties.

3. Buffering Standards Exceptions.

a. Buffer requirements do not apply to driveways authorized by permit issued by the City of Houston or the Alaska State Department of Transportation and Public Facilities (ADOT and PF).

b. Trimming of trees and shrubs is permitted to allow views to properties or signage. Unhealthy, damaged, or dead trees posing a hazard may be removed.

c. Trimming of trees and shrubs is permitted within the buffer as needed to accommodate utility service between rights-of-way, utility easements, and development on individual lots.

d. Vegetative buffers shall not be encumbered by utility easements. Where utility easements exist, vegetative buffers shall begin at the boundary of the utility easement and maintain a 15-foot width minimum from the boundary of the utility easement. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 13-04 § 4, 2013; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 12, 2021; Ord. 22-08 § 11, 2022. Formerly Ch. 10.41 Art. IV)

10.03.090 HI district – Heavy industrial district.

A. Intent. The HI (heavy industrial) district is intended for industrial development, including heavy manufacturing, shipping terminals, natural resource extraction and other processes or operations which involve one or more of the following: employs large numbers of workers, heavy truck traffic, significant environmental effects or large-volume public water or sewer service or storage of hazardous materials. Commercial and retail uses are generally not allowed in the HI district. Residential uses other than accessory uses listed in subsection (C) of this section are prohibited. A conditional use permit in accordance with Chapter 10.07 HMC is required for all heavy industrial uses.

B. Permitted Principal Uses and Structures. In an HI district, the following types of uses and structures are permitted:

1. All permitted uses in the light industrial district;

2. Agricultural, forestry and fishery resource processing;

3. Asphalt and concrete plants;

4. Construction yards, equipment and storage;

5. Electric, light and power generating stations;

6. Fabrication, manufacturing and processing facilities;

7. Garbage, offal and animal reduction processing;

8. Sewage and wastewater treatment facilities;

9. Mining support services;

10. Petroleum exploration and development operations and service bases;

11. Warehousing;

12. Hazardous substance testing and manufacturing facilities;

13. Airports and landing fields for rotary and fixed-wing aircraft;

14. Explosive, ammunition and gunpowder manufacture and storage;

15. Gas and fuel storage;

16. Junkyards, auto wrecking and scrapyards constructed within an enclosure;

17. Oil refineries, petrochemical plants, gas liquefaction and fractionalization plants;

18. Natural resource extraction;

19. Outdoor shooting ranges;

20. Marijuana product manufacturing facilities;

21. Marijuana testing facilities;

22. Marijuana cultivation facilities.

23. Industrial hemp processing facilities and industrial hemp growing located not less than 1,000 meters (3,280.84 feet) from marijuana cultivation are permitted.

C. Permitted Accessory Uses and Structures. In an HI district, the following uses and structures, which are incidental to the permitted principal uses and structures listed in subsection (B) of this section, are permitted:

1. Accessory buildings;

2. Automobile parking in conjunction with permitted uses;

3. Owner/operator dwellings;

4. Watchman’s facilities.

D. Prohibited Uses and Structures.

1. Any uses or structures not of a character indicated under permitted principal uses and structures or permitted as a conditional use are prohibited.

2. Marijuana retail stores and marijuana social clubs.

3. On-site consumption of marijuana or marijuana products in marijuana establishments.

4. Industrial hemp retail facilities.

5. Short-term rentals as defined in HMC 10.01.040.

E. Minimum Lot Requirements.

1. Lot width: 200 feet.

2. Lot size: 42,000 square feet.

F. Minimum Setback Requirements.

1. Where abutting commercial or industrial zoned properties, in addition to the vegetative buffer required by subsection (K) of this section, the minimum setback for structures is 10 feet, as long as all requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50 – 13 AAC 55) or other applicable regulations are met.

2. Industrial uses or buildings must be set back a minimum of 100 feet from any residential zoned lot line, inclusive of the vegetative buffer required by subsection (K) of this section.

G. Maximum Lot Coverage by All Buildings and Structures. Unrestricted within setbacks.

H. Maximum Height of Buildings and Structures. Unrestricted.

I. Required Off-Street Parking and Loading. Adequate off-street parking and loading spaces shall be provided in connection with any permitted use in accordance with the requirement set forth in HMC 10.04.060.

J. Signs. Signs may be allowed in conjunction with any permitted use subject to the provisions of Chapter 10.05 HMC.

K. Vegetative Buffer Standards.

2. Buffering Standards.

b. There shall be a minimum 25-foot buffer of natural vegetation between commercial and industrial properties and adjacent properties.

3. Buffering Standards Exceptions.

a. Buffer requirements do not apply to driveways authorized by permit issued by the City of Houston or the Alaska State Department of Transportation and Public Facilities (ADOT and PF).

b. Trimming of trees and shrubs is permitted to allow views to properties or signage. Unhealthy, damaged, or dead trees posing a hazard may be removed.

c. Trimming of trees and shrubs is permitted within the buffer as needed to accommodate utility service between rights-of-way, utility easements, and development on individual lots.

d. Vegetative buffers shall not be encumbered by utility easements. Where utility easements exist, vegetative buffers shall begin at the boundary of the utility easement and maintain a 15-foot width minimum from the boundary of the utility easement. (Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 13-04 § 4, 2013; Ord. 14-17 § 4, 2014; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 13, 2021; Ord. 22-08 § 12, 2022)

10.03.100 H district – Holding district.

A. Intent.

1. The City of Houston has recognized that certain undeveloped areas have yet to establish a clear land use trend. Because of a number of potential conflicting characteristics that may affect land use, the development plans for these areas deserve special attention. It is the intent of this district to designate those areas where future land use and development may be determined by a number of external factors which cannot be predicted at this time.

2. The district recognizes the dynamic character of Houston. It provides for flexibility in land use regulations in areas where planning has been done, but where development trends will be established in the future. Development of these areas will be sensitive; it will affect immediate surrounding areas and the community as a whole by establishing long-term development trends. The areas designated “holding district” are areas in transition that will respond to changing community characteristics. As definite development trends are established through the procedures set forth in this district, the community should consider amending the designation of the holding district areas to more definitive land use districts.

B. Permitted Uses and Structures. Development within this district will be permitted through a conditional use approval process. Any land use or structure allowed in other districts within this chapter may be conditionally permitted within the H district pursuant to the requirements of Chapter 10.07 HMC.

C. Permitted Accessory Uses and Structures. The H district allows uses and structures which are customarily accessory and incidental to the permitted uses as approved in accordance with the above standards.

D. Prohibited Uses and Structures.

1. Any use which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust, or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond lot lines of the lot on which it is located. “Excessive” is defined for these purposes as a degree exceeding that generated by uses in the district in a customary manner of operation or to a degree injurious to public health, safety, welfare and convenience.

2. Marijuana establishments and marijuana social clubs.

3. Industrial hemp growing, processing and retail facilities.

E. Minimum Lot Requirements. Lot area shall be 20,000 square feet if a State Department of Environmental Conservation approved on-site community water and/or sewer system is provided; 40,000 square feet without such an approved community water and/or sewer system.

F. Parking. See HMC 10.04.060.

G. Signs. See Chapter 10.05 HMC. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 21-08 § 14, 2021. Formerly Ch. 10.41 Art. IV)

10.03.110 PH district – Parks Highway district.

A. Intent. The purpose of this district is to encourage a moderate level of growth which will provide an economic base in Houston adequate to allow provisions of employment opportunities in the area and to avoid becoming dependent upon external governmental or economic factors and activities. It is also intended to maintain the qualities that make the George Parks Highway corridor an attractive community entry and community center. These qualities include buildings set back from the street, predominance of trees and other vegetation and building sizes and styles that reflect Houston’s history and natural setting. It is intended to encourage this area to support a mixture of residential and commercial activities.

B. Permitted Principal Uses and Structures. The PH district allows the following development:

1. Single-family and two-family dwellings, and multifamily dwellings if eight or fewer units per acre;

2. Retail, office, service, or other commercial buildings with a footprint of 10,000 square feet or less;

3. Hotels, motels or other overnight accommodations;

4. Recreational vehicle parks or campgrounds with spaces for total of 50 or fewer tent camping or RV spaces;

5. Building for community civic uses;

6. Utility facilities;

7. Churches;

8. Parks and playgrounds;

9. Accessory uses;

10. Marijuana retail facilities, subject to setback and buffer requirements;

11. Marijuana testing facilities, subject to setback and buffer requirements;

12. Marijuana cultivation facilities, subject to setback and buffer requirements;

13. Alcohol beverage uses, involving the manufacturing, storage, or sale of alcoholic beverages;

14. Industrial hemp processing and retail facilities;

15. Short-term rentals as defined in HMC 10.01.040.

C. Permitted Accessory Uses and Structures.

1. Accessory uses and structures are allowed as a part of a principal permitted use or structure on the same lot. An accessory use or structure is a use or structure which is clearly incidental and subordinate to the principal use or structure of a lot and which is commonly associated with and is on the same lot as the principal use or structure and integrally related to it.

2. Marijuana product manufacturing facilities.

3. Marijuana on-site consumption if licensed by the state of Alaska for that purpose and if collocated with a marijuana retail facility.

D. Conditional Uses and Structures. The PH district allows the following conditional uses and structures:

1. Multifamily dwellings of more than eight units per acre;

2. Retail, office, service, or other commercial buildings with a footprint of more than 10,000 square feet;

3. Recreational vehicle parks or campgrounds with spaces for a total of more than 50 tent camping or RV spaces;

4. Agricultural uses, including industrial hemp growing located not less than 1,000 meters (3,280.84 feet) from marijuana cultivation;

5. Used car lots;

6. Natural resources extraction;

7. Light industrial uses;

8. Telecommunication structures as regulated under the provisions of this chapter; and

9. Other uses that are compatible with the district, with character compatible to the uses listed here, and that are of similar or lighter intensity of use in terms of their traffic, noise or other off-site impacts, as determined by the Public Works Director.

E. Prohibited Uses and Structures. The following uses and structures are prohibited:

1. Mobile home parks;

2. Junkyards and refuse areas;

3. Correctional community residential centers;

4. Heavy industrial uses;

5. Any adult entertainment or business as defined in HMC 10.01.040;

6. Tower farms and tall structures over 100 feet in height, except as permitted under federal regulations;

7. Firework stands;

8. Repealed by Ord. 16-05;

9. Marijuana social clubs; and

10. Other uses and structures not listed as permitted or conditional are prohibited.

F. Development Standards. The development standards within this district are as follows:

1. The maximum building height is 35 feet. Buildings at a height that exceeds 35 feet require a variance from the City of Houston.

2. There is a 100-foot water body setback from the Little Susitna River for all structures.

3. Existing accesses onto Parks Highway are grandfathered. Any new accesses onto Parks Highway must be developed, to the extent, along section lines, or by providing frontage road access, in coordination with development on adjacent lot.

4. There is a floor area ratio (FAR) requirement of one.

5. The maximum lot coverage of the total of all buildings on a lot shall not exceed 50 percent.

6. Vegetative Buffer Standards.

a. Intent. The provision of a setting that is distinctive and representative of the community of Houston is important to the values of the citizens of Houston. This section establishes standards for maintenance, selective clearing, and planting of vegetation along the Parks Highway to maintain the attractive character of the roadway. These standards provide for continued residential development and commercial enterprise along the Parks Highway while maintaining a setting that reflects the values of the community. These standards also provide for an enhanced experience for visitors. It is the intent of these buffer standards to encourage development that will maintain the buffer of trees but, if so desired by the landowner, to allow views into residential areas and businesses.

b. Buffering Standards.

i. There shall be left a 25-foot-deep strip of native vegetation from the edge of the Parks Highway right-of-way, running parallel to the highway, for all properties that abut the Parks Highway right-of-way.

ii. The buffer shall not be encumbered by utility easements. Where utility easements exist, the buffer shall begin at the boundary of the utility easement and maintain a 15-foot width from the boundary of the utility easement.

iii. Where native vegetation has previously been cleared, native vegetation or a mix of native vegetation and ornamental vegetation up to a maximum of 50 percent ornamental vegetation may be replanted in replacement of cleared vegetation. Where native vegetation has been previously been grubbed, lawn, native vegetation, or ornamental vegetation may be planted in the cleared area.

iv. Where vegetation is planted in a previously cleared area, this shall include trees planted at a net density of one tree per 200 square feet (one tree per eight feet of highway frontage). Trees may be more tightly grouped or massed in one area in order to allow more open views to residences, businesses, or signage in other areas, within the buffer area. On lots adjacent to the Parks Highway, where a frontage or parallel access road is present, buffering requirements shall be from the lot line common with the edge of the frontage or access road, as opposed to the Parks Highway.

c. Buffering Standards Exceptions.

i. Buffer requirements do not apply to driveways authorized by Alaska State Department of Transportation and Public Facilities (ADOT and PF) that connect from the ADOT and PF right-of-way to abutting lots. ADOT and PF requires permits for driveway connection to a state right-of-way. Driveways shall cross the lot at an angle perpendicular to the roadway.

ii. Trimming of trees and shrubs is permitted to allow views to properties or signage. Unhealthy, damaged, or dead trees posing a hazard may be removed.

iii. Trimming of trees and shrubs is permitted within the buffer as needed to accommodate utility service between rights-of-way, utility easements, and development on individual lots.

iv. On properties where the portion of the lot fronting on the Parks Highway is crossed by one or more community utility easements running parallel to the road, and where such a utility easement extends more than 25 feet into the lot from the front property line of the lot, the vegetative buffer requirement is reduced such that the total depth of the easement and buffer does not exceed 50 feet (e.g., if the utility easement is 40 feet, the vegetative buffer would be 10 feet).

7. Marijuana Establishment Setback/Buffer.

a. Structures containing a marijuana retail store shall be set back a minimum of 100 feet from any adjacent residential lot line, and include a minimum 25-foot vegetative buffer.

b. All other marijuana establishments shall provide a minimum 25-foot setback and buffer of natural vegetation from adjacent properties.

8. Alcohol Beverage Establishment Setback/Buffer. Structures containing alcohol beverage retail or dispensing uses shall be set back a minimum of 100 feet from any adjacent residential lot line and include a minimum 25-foot vegetative buffer.

G. Minimum Lot Area Requirements. Lot area shall be 40,000 square feet.

H. Parking. See HMC 10.04.060.

I. Signs. See Chapter 10.05 HMC. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(3), 2011; Ord. 16-05(A) § 5, 2016; Ord. 17-02 § 5, 2017; Ord. 21-08 § 15, 2021; Ord. 22-08 § 13, 2022. Formerly Ch. 10.41 Art. IV)