Chapter 10.07
CONDITIONAL USE PERMITS
Sections:
10.07.020 Application and fee.
10.07.030 Action on permit application.
10.07.060 Transfer of a conditional use permit.
10.07.070 Termination, extension and amendment of conditional use permits.
10.07.010 Purpose.
A. Those uses listed in this title as conditional uses are declared to be potentially damaging to the property values and usefulness of adjacent properties, and/or potentially harmful to the public health, safety and welfare, and unless maintained under and in accordance with a lawfully issued permit, such uses are declared to be public nuisances and are prohibited.
B. The conditional use permitting procedure is intended to allow the City Council, acting as the City Zoning Board, to consider the consistency of a proposed use with the City of Houston Comprehensive Plan and its potential impacts on surrounding uses and the natural environment; and to attach such conditions to a permit that will ensure that the conditional use will be compatible with nearby uses; will be in keeping with the character and integrity of the area; and will protect the public health, safety, and welfare. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)
10.07.020 Application and fee.
A. An application for a conditional use permit shall be filed by the owner of the affected property or by his authorized agent.
B. Application for a conditional use permit shall be in writing on a form or forms provided by City administration.
1. All applications for a conditional use permit shall include:
a. A legal description of the property involved.
b. Documentation of property ownership.
c. A written statement from the property owner authorizing the proposed land use.
d. A detailed site plan drawn to scale depicting the following:
i. Existing site conditions including topography, watercourses, flood plains, other natural hazards and features, vegetation, land use, and access;
ii. A general landscaping plan, including the treatment and materials used for private and common open spaces, final grading of the property, existing and proposed drainage patterns, types of plants and/or screening to be used, especially at the perimeter of the site;
iii. Proposed lot lines or subdivision designs, if any;
iv. Location and size of any mobile home spaces;
v. The location and floor area size of all existing and proposed building structures and other improvements; including a delineation of the type of land use proposed to occupy the land and structures;
vi. The existing and proposed pedestrian and vehicular circulation system within the site and relationship of that circulation system to the surrounding area. This will include off-street parking areas, service areas, loading areas and major points of access to the site;
vii. Proposed utility systems.
e. Quantitative data related to:
i. The total number and type of dwelling units, parcel size, and the like;
ii. Proposed lot coverage by buildings and structures, approximate gross and net residential densities;
iii. Total amount of open space;
iv. Total number of parking spaces.
f. A statement identifying the land uses on adjacent properties.
g. A development schedule indicating the approximate date when development or natural resource extraction shall begin and be completed.
h. A statement of how the proposed project conforms with the City of Houston Comprehensive Plan.
i. A nonrefundable application fee as prescribed in HMC 10.10.070 is due at the time of application.
2. Applications for a conditional use permit for the purposes of natural resource extraction shall include all the requirements of subsection (B)(1) of this section and the following additional information:
a. The name of the operator of the proposed extraction; identification of type and estimated quantity of the resource, based on on-site testing of the material; and a schedule for completion and restoration of the extraction site.
b. Proposed site plan drawn to scale depicting conditions upon completion of the extraction operation, including the following: finished contours; re-vegetation plan; finished drainage plan; and finished access points;
c. Operational plan for the duration of the resource extraction activities, including the following: site buffering and screening plan; operational vehicular access and circulation plan; fencing and/or security measures; hours of operation; and average quantity of material hauled per day during months of operation;
3. Applications for conditional use permit for an adult business shall include all the requirements of subsection (B)(1) of this section and the following additional information:
a. The name of the adult business and its address;
b. The written authorization of the owner of the property, including land and buildings, for the applicant to use that property as proposed;
c. The name, including all aliases, and current mailing address of the person or persons who will operate or manage the business. The application shall also identify a natural person as the contact person for purposes of the application and official communications from the City;
d. Written proof that each person who will operate or manage the business is at least 21 years of age shall also be provided;
e. Fingerprints and two portrait photographs at least two inches by three inches of person or persons who will operate or manage the adult business;
f. If the applicant is a corporation, the name of the corporation, the date and state of incorporation, the name and address of its registered agent, the name and address of all shareholders owning more than five percent of the stock in such corporation, and all officers and directors of the corporation;
g. A detailed exterior site plan or as-built drawing prepared to scale by a qualified registered surveyor or professional engineer which shows the location and dimension of the real property used for the business, the exterior dimensions of the building or structure to be used for the adult business, the height and bulk of the building or structure, exterior signage detail, all points of pedestrian and vehicle access, buffering and landscaping, drainage, traffic circulation patterns, exterior illumination, location of employee and customer parking;
h. A detailed interior site plan or as-built drawing prepared to scale by a qualified registered architect or professional engineer and approved by the state fire marshal which shows interior dimensions of the building or structure in which the adult business will be operated as well as the dimensions and location of all walls, booths, enclosures, rooms, structures, fire exits, signage, mechanical areas, stairways and walkways; and
i. A detailed plan of operations which demonstrates how the applicant will operate the business in a manner consistent with this chapter.
4. Applications for conditional use permit for a telecommunication tower shall include all the requirements of subsection (B)(1) of this section and the following additional information:
a. Evidence the applicant has investigated the possibilities for locating the proposed facilities on an existing telecommunication tower or in an area of lesser negative impact; and
b. An explanation as to why the proposed facility cannot be located on an existing tower or in an area of lesser impact; and
c. A signed statement indicating that:
i. The applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional wireless facilities by other providers on the applicant’s structure or within the same site location; and
ii. The proposed tower will accommodate collocation of additional wireless service facilities on the structure; and
iii. The applicant and/or landlord agree to remove the facility within two years after abandoning the use of the facility as a telecommunication tower; and
iv. Certification that proposed antenna usage will not interfere with other adjacent or neighboring electrical or telecommunication transmission or reception functions; and
v. A letter signed by the applicant stating that the tower will comply with all Federal Aviation Administration (FAA) regulations and Electronic Industries Alliance (EIA) Standards and all other federal, state and local laws. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)
10.07.030 Action on permit application.
A. The Houston City Council acting as the City Zoning Board shall render the decision on the application pursuant to the following procedures:
1. The Public Works Director shall review the application information and make a recommendation concerning the adequacy of the application materials and the appropriateness of the site plan design as well as land uses proposed in the application. This recommendation will be forwarded to the City of Houston Planning Commission.
2. After receiving the application materials and the Public Works Director’s recommendations, the Planning Commission shall review the application information, hold a public hearing, and make a recommendation concerning the adequacy of the application materials and the appropriateness of the site plan design as well as land uses proposed in the application. This recommendation will be forwarded to the Houston City Council.
3. After receiving the application materials and the recommendations from the Public Works Director and Planning Commission, the City Council shall hold a public hearing.
a. Notice of any public hearing will be in accordance with Chapter 10.09 HMC except that public notification regarding an application for a conditional use permit for an adult business shall be published and mailed at least 30 days before the date of the public hearing to all property owners within at least 1,000 feet of the exterior boundary of the property described in the application.
b. The form of the notice shall be described in Chapter 10.09 HMC.
4. The City Council shall approve or deny the application for the conditional use permit within 30 calendar days of the close of the public hearing unless additional information has been requested by the City Council. In approving the permit, the City Council may include any special restrictions or conditions deemed necessary or desirable in furthering the intent of this code or the Comprehensive Plan as it relates to the development of the proposed project. The City Council may deny a conditional use permit when it finds the application not to be in conformity with the purposes and intent of this chapter or not consistent with the City of Houston Comprehensive Plan.
a. Before any conditional use permit is issued, the City Council shall make written findings certifying compliance with the following standards and other applicable standards and regulations within this chapter.
b. When denying a conditional use permit, the City Council shall make written findings specifying how the application does not comply with the provisions of this chapter and/or the City of Houston Comprehensive Plan. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)
10.07.040 General standards.
A. When reviewing applications for a conditional use permit the City Council shall consider the following factors:
1. The degree of compatibility of the proposed site plan and land uses with the City of Houston Comprehensive Plan and established borough plans. This includes the long-term and community-wide land use trends that may be established or affected by the proposed project in the relationship to those trends recommended by the Comprehensive Plan;
2. The compatibility of the project and the site design with surrounding buildings, land uses, ownership and physical characteristics;
3. The adequacy of access to and from the project and the effect on pedestrian and vehicular circulation and safety;
4. The impact that the proposed project may have on the need and availability of public services within the area;
5. The sensitivity of the project to its site conditions and environmental setting;
6. The impact of noise, fumes and dust associated with the project;
7. The adequacy of the utility plans and the effect of the project on reasonable and economic extension of public utilities and facilities;
8. The effect of the proposed project on property values of adjacent lands.
B. All standards contained in this title are minimum standards. More restrictive conditions may be imposed by the City Council where necessary to ensure compliance with the Comprehensive Plan or the purpose and intent of the zoning regulations. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)
10.07.050 Special standards.
A. District Standards. In addition to the special standards listed within this section, special standards applicable to specific districts may be addressed by Chapter 10.03 HMC.
B. Natural Resource Extraction Standards. The City Council shall require applicants for a natural resource extraction conditional use permit to submit a bond for reclamation of the natural resource extraction site in an amount determined by the City Council to be sufficient to insure compliance with reclamation requirements prior to the commencement of extractions activities.
C. Adult businesses shall apply for a conditional use permit which will be issued by the Planning Commission and City Council.
D. Telecommunications Tower Standards. The following special standards shall apply to conditional use permit applications for telecommunication towers:
1. Generally the reduction of negative impacts from telecommunication towers and telecommunication antennas will be promoted by favoring the camouflage, collocation of the antenna on a single tower or existing structure or at an existing tower site.
2. When a new tower is proposed to be sited, a determination of whether the location will provide a minimal level of coverage versus optimal coverage shall be taken into consideration.
3. The following guidelines apply to the design and location of telecommunication towers:
a. Design and location of telecommunication towers shall be compatible with surrounding development and shall not unduly detract from high value scenic views.
b. Visibility of telecommunication towers from popular public parks, scenic highway views and residential districts shall be minimized.
c. Surrounding topography and development shall be used to reduce visual impact of towers. The height above nearby ridge lines, hills, trees, or vegetation, and buildings will be maintained at a minimum necessary to reasonably conduct the use of the tower.
d. Camouflage of wireless service equipment may be required to ensure compatibility with surrounding area.
e. The negative impact across lot lines caused by lighted towers shall be minimized. Scenic and night sky views, traffic safety, enjoyment of residential land and other lawful uses shall be considered. Standards for shrouds, directional lighting, light source location, height setbacks, wattage, type, and other visual buffers may be required.
4. All hazard and warning lights required by a local, state or federal agency shall be provided. Towers shall use red lights for night air safety illumination unless otherwise required by law.
5. Guys, guy anchors and accessory facilities must meet zoning district structural setback requirements. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)
10.07.060 Transfer of a conditional use permit.
Except as otherwise specified by code, the privileges and requirements of a conditional use permit shall run with the land, subject to the following requirements: within 90 days of recording the transfer of ownership of the subject land, the new owner must provide written notification and a signed acknowledgement that the new owner assumes responsibility for compliance with the requirements of the permit. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)
10.07.070 Termination, extension and amendment of conditional use permits.
A. Termination. Except as otherwise specified by code, a conditional use permit issued under this chapter will become null and void under the following conditions:
1. Notification of termination of the permit for failure to comply with an order to correct violations of a conditional use permit.
2. Failure to initiate the use for which the conditional use permit was issued within five years of the date of the permit issuance.
3. Cessation of the use for which the conditional use was issued for a period exceeding five consecutive years.
B. Extension. For good cause, the City Council may grant an extension of a conditional use permit. The City Council must find that the request is reasonable and the proposed use is still appropriate under the standards for consideration under the subject use. An application for extension shall be subject to the same application fee as a conditional use permit and shall require public notice and public hearing in accordance with the requirements of Chapter 10.09 HMC.
C. Amendment. A conditional use permit may be amended by the City Council. The request for amendment shall be subject to the same application and mailing fees as the original conditional use permit and shall require Planning Commission review and public notice and public hearing in accordance with this chapter and Chapter 10.09 HMC.
1. The applicant shall provide an update of all information required in the original permit, shall describe the proposed changes in detail, and shall provide copies of any additional state and federal permits which the amendments may require. The notice and hearing provisions of this chapter shall apply to an amendment to the permit.
2. The City may elect to waive the application fee for amendment requests that will constitute less than substantive changes to the original conditional use permit. The applicant may appeal this decision to the City Council, whose decision will be final.
3. The City reserves the right to unilaterally amend any conditional use permit it issues when it is determined to be in the best interest of the City to do so. This can be, but is not limited to, in order to correct errors in the original permit or to reflect changes in local, state or federal regulations. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-11 § 4, 2011; Ord. 13-19 § 4, 2013. Formerly Ch. 10.41 Art. VIII)
10.07.080 Appeals.
The person, organization, association or corporation to whom the order is directed may appeal the order to the Houston City Council, who shall act as the Board of Adjustment within the City limits of Houston. Such appeal must be in writing and be filed with the City Clerk within 30 calendar days of receipt of the order. A decision of the Board of Adjustment may be appealed to the state of Alaska superior court. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. VIII)