Chapter 10.11
ADMINISTRATIVE PROCEDURES
Sections:
10.11.010 Construction permits required.
10.11.030 Public Works Director.
10.11.040 Planning Commission.
10.11.070 Construction permit fees.
10.11.100 Violations, remedies and penalties.
10.11.010 Construction permits required.
A. The developer of a use shall apply for and obtain the appropriate approval prior to the commencement of:
1. The construction or placement of any building whose gross floor area is 480 square feet or greater;
2. Any addition exceeding 10 percent of a building’s gross floor area or that results in a total gross floor area of 480 square feet or greater;
3. An increase in the number of dwelling units within those areas of the Houston land use regulations addressing such uses;
4. A change in the principal use of any lot or building within those areas of the City with land use regulations addressing such uses;
5. The construction or placement of any structure within 75 feet of any watercourse or water body.
B. Duration. Permit approvals are valid only during developer’s compliance with this title and the terms and conditions of approval. However, approvals and permits expire automatically 12 months after issuance if no significant construction, activity or occupancy has commenced.
C. Extensions. Requests for extensions of an approval period or after a 12-month period are a new application and subject to the appropriate approval process. The Council or Commission may place limits on the duration of an approval or establish a longer duration.
D. Approved Uses. Approved uses, unless ordered to cease by the Council, shall be allowed to continue during the appeal of the issuance of an approval.
E. Conditions. The Planning Commission, the Council, or the Matanuska-Susitna Borough may place conditions upon issuance of any approval which are necessary or desirable to ensure that a rule, policy, standard or intent will be implemented in a manner consistent with this title, the Comprehensive Plan and any rule, policy or standard implementing them.
F. Compliance. Any permit or approval issued under this title shall require compliance with the State Fire Code and any other federal, state or local regulations which are applicable to the activity.
G. Liability. The issuance of a permit or approval under this title or enforcement or lack of enforcement of any such permit or approval shall not be deemed grounds for City liability arising out of the errors or omissions of the permittee or the person who received the approval.
H. Reapplication Following Denial. After denial of an application for a permit or approval under this title, the approving authority shall not accept or act upon an application for a permit or approval for substantially the same use of the same property, unless the applicant demonstrates to the approving authority that a material change in circumstances has occurred. (Ord. 09-23 § 4, 2009)
10.11.020 Site plan.
A. Except as provided in subsection (D) of this section, an application under HMC 10.12.010 or 10.12.040 shall include a site plan conforming to the requirements of this section. If changes to the site plan that are submitted with an application are required as conditions of the approval of the application, the applicant shall submit a revised site plan that incorporates the required changes before the application is approved. The approved site plan shall be part of the approved application, and development under the approved application shall conform to the approved site plan.
B. A site plan shall be prepared and stamped by an architect, professional engineer or land surveyor, authorized to engage in that profession by the state of Alaska, except that a site plan for a single-family dwelling or a duplex may be prepared by the owner or a developer holding a National Council of Building Design Certification (NCBDC).
C. A site plan shall be prepared legibly in ink or pencil on one or more paper, mylar or vellum sheets with dimensions of eight and one-half by 11 inches or 11 by 14 inches. In no case may an adulterated copy of an as-built drawing be used as a site plan. All sheets that are submitted as part of a site plan shall have the same dimensions. A site plan shall be prepared in standard English engineering scale of one inch equals 50 feet or less. At a minimum, a site plan shall show all of the following items:
1. A title block showing the legal description, street address of the property, the property owner’s name and address, the name and address and firm name of the person who prepared the plan, and the scale of the plan.
2. A true north arrow.
3. All property corners will be described. For undeveloped property, all property corners will be located or reset by a registered land surveyor. Record and found lot dimensions will be shown on the site plan, and certified by a registered land surveyor.
4. All easements of record, including any easements or rights-of-way of record that do not appear on the recorded plat for the property, but which should be identified in a title report.
5. All setbacks required under HMC 10.02.080.
6. The location and dimensions of existing and proposed utility facilities, on-site water and waste water facilities and fuel storage facilities.
7. The location of all lakes, streams and potential wetlands within 100 feet of any portion of on-site wastewater treatment facilities or within 75 feet of any existing or proposed structure.
8. The location and horizontal dimensions, expressed to the nearest tenth of a foot, of all existing and proposed permanent structures, and all temporary structures with over 120 square feet of floor area, adequate to determine the distances from each such structure to the nearest lot lines.
9. The location of all existing and proposed vehicular access points.
10. The location and dimensions of existing and proposed parking, with any calculations necessary to show that the parking requirements of HMC 10.04.060 have been met, and, where more than 10 parking spaces are provided, the location and dimensions of trash facilities and snow storage areas.
11. The parking lot lighting layout, including manufacturer’s catalog cut sheet if more than three fixtures are to be installed.
12. Existing and proposed pedestrian and vehicular access and on-site circulation improvements, including roadways, driving aisles, sidewalks, trails, paths, curbs and gutters, catch basins and culverts.
13. Drainage patterns will be identified by relative assumed datum, spot elevations at the property corners and at the area of the proposed new construction. Drainage arrows will be shown to demonstrate existing and proposed runoff. It is the developer’s responsibility to minimize runoff from parking areas into public streets, adjoining lots or wetlands, streams or lakes.
D. No site plan is required with an application where:
1. The application provides only for the construction of an addition to an existing structure, the Public Works Director determines that a site plan is not necessary for the review of the application, and the applicant provides, in lieu of a site plan, an affidavit signed by the applicant stating that:
a. All property corners have been located;
b. A registered land surveyor has located on the site all easements of record, and all easements of which there is visible evidence in the form of features such as power lines or trails; and
c. The applicant is aware of all setback requirements that apply to the site under HMC 10.02.080, and the applicant agrees to bear the cost of removing any improvements that encroach within a required setback area.
2. The Planning Commission waives the site plan requirement for the application after considering the recommendations of the Public Works Director. (Ord. 09-23 § 4, 2009)
10.11.030 Public Works Director.
The Public Works Director is authorized and empowered to carry out all of the duties set forth in this chapter, serve as staff to the Commission, and shall have all other power and authority reasonable, necessary and desirable to carry out those duties, including the power to delegate those duties as appropriate. The Public Works Director is authorized to levy fines, seek remedies, initiate compliance plans, make inspections and take such actions authorized herein as may be necessary to ensure compliance with this title. All questions of the Public Works Director’s interpretation or administration of the provisions of this title shall be treated as an appeal, pursuant to HMC 10.11.120. (Ord. 09-23 § 4, 2009)
10.11.040 Planning Commission.
The Commission has all powers and duties of a commission of a second class city as set forth in state law. The Commission specific powers and duties are set forth in Chapter 7.06 HMC. (Ord. 09-23 § 4, 2009)
10.11.050 Reviewing parties.
The Commission may by resolution identify those parties that are to be included in the review of certain proposed actions under this title. These parties may include City departments, the school district, borough, state or federal agencies and private individuals or groups potentially affected or with interests in the proposed action. The reviewing parties will be provided all relevant materials and may submit comments and recommendations concerning the proposed actions. The comments of a reviewing party shall be given due deference during reviews of proposed uses by the Public Works Director or Commission. (Ord. 09-23 § 4, 2009)
10.11.060 Neighborhood plans.
The City encourages areas to develop neighborhood plans which may be reviewed, modified and adopted by the City as an amendment to the City Comprehensive Plan. City-adopted neighborhood plans shall contain policies to guide land use and improvements within the area and shall be used as a basis for approvals in the affected area under this title. (Ord. 09-23 § 4, 2009)
10.11.070 Construction permit fees.
The construction permit fees shall be established in accordance with the published City of Houston Fee Schedule. Failure to obtain a permit will result in a $300.00 fine as provided in HMC 1.16.030. (Ord. 09-23 § 4, 2009; Ord. 12-18 § 4, 2012)
10.11.080 Compliance.
A. Any use may be ordered to cease by the Commission if in conflict with the provisions of this title, or if the terms and conditions of any rezoning, or Commission approval, or administrative approval are violated. The Commission may establish by resolution an enforcement priority for violations of this title.
B. Violation Complaint. Any person may bring to the attention of the Commission suspected violations of this title. The complaint may be by phone or in writing but must include the full name of the person making the complaint.
C. Violation Notice. After a violation has been discovered, investigated and verified, the City of Houston will notify by written finding the person responsible for violation and the property owner by personal notice, certified mail or notice posted on the site of the violation. The finding will specify the violation(s) and order abatement and may also (but is not required to) specify the range of fines or penalties to be imposed. The finding shall direct the person to cease the violation, or appeal the finding within two days after receipt or posting of the notice, as the case may be. All violation notices will be reported to the Commission at its next meeting. (Ord. 09-23 § 4, 2009)
10.11.090 Enforcement orders.
Upon substantiation of a violation, the Commission may order:
A. The discontinuance of activity for any use which does not comply with the terms of this title;
B. The removal or abatement of buildings;
C. Submittal of a plan for compliance with the terms of this title. The plan shall include a schedule for completion and procedures to accomplish compliance. The Commission will review and approve, condition or deny the plan under the administrative approval process;
D. Any other action necessary to ensure compliance with all provisions of this title, including revocation or suspension of approvals and filing of a notice of action against property;
E. After a violation described in HMC 10.11.100 has been discovered, investigated and verified, the Public Works Director may issue a written finding of violation and enforcement order in accordance with this section;
F. A finding of violation shall state the facts constituting the violation and the provision of this title, or of a rezoning, Commission approval or administrative approval, which has been violated;
G. The Public Works Director will give notice of a finding of violation and an enforcement order in writing to the person responsible for the violation and the property owner by personal service, certified mail, or posting on the site of the violation. The notice shall include a description of the appeal procedure in HMC 10.11.120;
H. All notices served under this section shall be reported to the Commission at its next meeting. (Ord. 09-23 § 4, 2009)
10.11.100 Violations, remedies and penalties.
A. No person may erect, construct, repair, or maintain any structure, or use of land or a structure, or cause or permit the same to be done in violation of this title. The City Council may order the discontinuance or removal of any structure, or use of land or a structure that violates this title by order served upon any person who owns, controls or occupies the land or structure. A person who is served with such an order shall cause the structure, or use of land or a structure, which is the subject to the order to be discontinued or removed within the time prescribed by the order.
B. In addition to the other remedies provided in this section, violations of this chapter are subject to the remedies and penalties provided in Chapter 1.16 HMC. (Ord. 09-23 § 4, 2009)
10.11.110 Interpretations.
A. A person may apply to the Commission for an interpretation of this title as it applies to particular persons or property. In response to such an application, the Commission shall adopt an interpretation that carries out the purposes of this title.
B. The Public Works Director may determine whether a particular structure, or use of land or a structure, that is not listed as a permitted use in a zoning district, is permitted in that zoning district, under the following standards. If a structure, or use of land or a structure, is listed as permitted in another zoning district, it is not permitted except in the zoning district or districts for which it is listed as permitted. Subject to the preceding sentence, a structure, or use of land or a structure, that is not listed as permitted in a zoning district may be permitted if the Public Works Director determines that it is similar in character and effect on nearby properties, public facilities and the Comprehensive Plan as structures, or uses of land or structures, that are expressly permitted in the zoning district. (Ord. 09-23 § 4, 2009)
10.11.120 Appeals procedure.
A. Any aggrieved person, including the developer, may appeal any decision of the Commission by serving written notice of appeal to the City Clerk and the developer within 30 days of the decision. Notice of an appeal is considered served when actually received or when properly mailed. Approved uses may proceed during the appeal process unless specifically ordered to cease.
B. Format. The appeal must contain a clear description of the decision or decisions being appealed, the date of the decision, the error claimed and an explanation of the error.
C. Upon receipt of a timely filed appeal and the required fee of $250.00, the City Clerk shall calendar the appeal for the next Council meeting for which the agenda has not closed. The Commission shall forward to the City Clerk with the appeal a copy of any permit application, the Commission’s analysis and decision and any other relevant material.
D. Public notice, comment period and the hearing format of the appeal shall be conducted following the procedures for a conditional use in Chapters 10.07 and 10.09 HMC. The provisions for a super majority do not apply to appeals to the City.
E. At the meeting at which the Council receives the appeal, it shall determine whether to hear the appeal. The failure of the Council to take action on the appeal constitutes a refusal to hear the appeal. If the Council determines to hear all or any part of the Commission’s decision, it may hear and decide the appeal at its next regular meeting, or may refer the appeal to a hearing officer for hearing and decision.
1. If the Council determines to hear the appeal, it will hear only those parts of the Commission’s decision identified in the appeal as being in error unless it determines to hear only a portion of those parts of the decision appealed or to hear the entire decision.
a. The evidence shall be limited to a review of the record, although further argument may be allowed.
b. The Council shall give due deference to the judgment of the City staff and other review agencies regarding disputed issues of fact.
c. Findings of fact adopted expressly or by necessary implication shall be considered as true if, based upon a review of the whole record, they are supported by substantial evidence.
d. “Substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
e. If the record as a whole affords a substantial basis of fact from which the fact in issue may be reasonably inferred, the fact is supported by substantial evidence.
f. The burden of proof shall be on the appellant to demonstrate the facts and resolution of the issues on appeal by substantial evidence.
g. Only persons who have submitted written argument on appeal or testified before the Commission or submitted written comments to the City may present oral argument.
2. If the Council refers the appeal to a Hearing Officer for hearing and decision, the City Clerk shall refer the hearing to the first Hearing Officer who can hear the appeal expeditiously. The Hearing officer will hear only those parts of the Commission’s decision identified in the appeal as being in error unless it is determined to hear only a portion of those parts of the decision appealed or to hear the entire decision.
a. The evidence shall be limited to a review of the record, although further argument may be allowed.
b. The Hearing Officer shall give due deference to the judgment of the City staff and other review agencies regarding disputed issues of fact.
c. Findings of fact adopted expressly or by necessary implication shall be considered as true if, based upon a review of the whole record, they are supported by substantial evidence.
d. “Substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
e. If the record as a whole affords a substantial basis of fact from which the fact in issue may be reasonably inferred, the fact is supported by substantial evidence.
f. The burden of proof shall be on the appellant to demonstrate the facts and resolution of the issues on appeal by substantial evidence.
g. Only persons who have submitted written argument on appeal or testified before the Commission or submitted written comments to the City may present oral argument.
F. Any party to an appeal from a City decision may cause the appeal record to include a verbatim transcript of the proceedings before the City by filing a request therefor, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within five days of notice of completion of the transcript, the person requesting shall pay the actual cost thereof, or the deposit shall be forfeited to the City. A request by the City for a transcript is not subject to the deposit or refund provisions of this subsection.
G. The Council or Hearing Officer may affirm or reverse the Commission’s decision, return the matter to the Commission for further evidence and action, or change the conditions attached to any approval issued by the Commission. The City Clerk shall, by certified mail, serve a copy of the Council’s or Hearing Officer’s decision and appeal record on the applicant. A copy of the appeal record shall be available for public inspection at the City office.
H. The decision of the Hearing Officer is the decision of the Council and is final for the City.
I. An aggrieved party may seek an appeal before the appropriate state of Alaska court only after final exhaustion of all administrative remedies and appeals. All such judicial appeals are appeals on the record. Both parties are limited to the record on appeal, except to the extent that the Alaska Rules of Civil Procedure require otherwise.
J. Hearing Officer. All appeals under this chapter to the Council may be heard by a City-appointed Hearing Officer.
1. A roster of qualified individuals shall be maintained by the City Clerk.
2. Qualifications for placement on the roster include a knowledge of (or an ability to comprehend) this title and general land use regulation, principles of due process, and some familiarity with the development of the City. Hearing Officers may not be current City employees or current members of the Council or Commission.
3. The Hearing Officer may not have any direct or indirect financial interest in any case to which they are appointed and must so certify on a form provided by the City Clerk.
4. The City Clerk shall submit the list of those interested persons determined to be qualified along with any proposed additions to the Council from time to time for approval.
5. Hearing officers will be compensated for their services by the City at the rate fixed by the Council by resolution. (Ord. 09-23 § 4, 2009)
10.11.130 Emergency actions.
Notwithstanding any regulation to the contrary, emergency actions may be conducted without any approval or permit, subject to the following criteria:
A. The developer shall make reasonable efforts to conduct emergency operations in a manner that avoids or minimizes significant harm to the environment, consistent with the need to protect property or human life.
B. In the event of a natural disaster, fire, uncontrolled release or discharge of oil, petroleum products, or hazardous materials, any person may undertake emergency construction and other activities reasonably necessary to control and contain discharge, consistent with an approved oil spill or other emergency plan.
C. A developer shall inform the Council of any action taken within the scope of this section within 24 hours of the taking of the emergency action. (Ord. 09-23 § 4, 2009)