Whenever public necessity, convenience, general welfare, modifications to the Comprehensive Plan or good land use practice requires, the City Council may amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts in conformity with the provisions of this title, and in accordance with the Comprehensive Plan in accordance with AS 29.40.010(b).
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
A. 
Changes in the land use district map and this title may be initiated in the following manner:
1. 
The Houston City Council upon its own motion;
2. 
The Planning Commission upon its own motion;
3. 
Any individual, corporation or agency other than those listed above, subject to the following conditions: for a land use district map amendment, the owners or owner of a majority of the lots in the petition area.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
A. 
Petition. A petition for land use map amendment shall be in the form of an application for a change in the boundary of a district, and shall be filed with the Public Works Director and be accompanied by such data and information to assure the fullest practicable presentation of facts, including proof of ownership. It shall set forth reasons and justification for proposing such change. The petition must be signed by owners of record for property within the described area. At a minimum, the petition shall indicate the following:
1. 
A statement describing the proposed action and further stating that signers support the proposal;
2. 
A description of the property affected by subdivision name or legal description;
3. 
The printed names of the signers;
4. 
The signature of the signers;
5. 
The date of each signature;
6. 
The lots for which each signer is an owner of record.
B. 
Minimum Area. Except for the extension of existing district boundaries, no change in any use district, classification, or an official land use district map shall be considered which contains less than two acres, not including streets or alley rights-of-way.
C. 
Waiting Period If Rejected. A proposed amendment to the land use district map shall not be considered if it is substantially the same as any other proposed amendment submitted within the previous nine months, and which has been rejected.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
A. 
After reviewing a written recommendation from the Public Works Director, the Planning Commission shall report in writing to the City Council on any proposed boundary change or amendment, regardless of the manner in which such change is initiated.
B. 
Such report shall give consideration as to what effect the proposed change would have on the public health, safety, welfare and convenience, and show whether or not:
1. 
The proposed change would be contrary to the goals, objectives and criteria established in the City of Houston Comprehensive Plan;
2. 
The proposed change is contrary to the established land use pattern;
3. 
The proposed change would create an isolated district unrelated to adjacent and nearby districts;
4. 
The proposed change would materially alter the population pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, watershed capabilities, and the like;
5. 
The proposed change will adversely influence living conditions in the neighborhood;
6. 
The proposed change will create or excessively increase traffic congestion or otherwise affect public safety;
7. 
The proposed change could create a drainage or surface water problem;
8. 
The proposed change will seriously reduce access to light and air by adjacent property owners;
9. 
The proposed change will adversely affect property values in the adjacent area;
10. 
The proposed change will be a deterrent to the improvement or development of adjacent property;
11. 
The proposed change will constitute a grant of special privilege to an individual owner as contrasted with serving the public welfare;
12. 
There are substantial reasons why the property cannot be used in accord with existing zoning;
13. 
It is impossible to find other adequate sites in the City for proposed use in districts already permitting such use;
14. 
The petitioner for amendment is the owner of the property in question.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
The Planning Commission shall hold at least one public hearing before considering any change or amendment to the provision of this title or the boundaries of a land use district. The hearing shall be held and notice thereof given in accordance with Chapter 10.09 HMC. Where the property within an area proposed for a zoning change is not under single ownership, the occupants as well as owners of property within the area should be notified in writing of such hearing. The owners of all property within 600 feet of the boundaries of the properties affected by the proposed zoning change shall also be notified in writing of the hearing. Following the public hearing, the Planning Commission shall report its findings in writing to the City Council. If such a change was initiated by petition, the signers of the petition shall be notified by the Planning Commission of its recommendation.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
The City Council shall consider an application from the Planning Commission recommendation for change in the boundary of a district, or any other Planning Commission recommendation proposing a change in this title, together with the report of the Planning Commission and the Public Works Director at its next regular meeting after receipt of such report. If, from the facts presented by the findings, it is determined that the public necessity, convenience, general welfare, modification of the Comprehensive Plan or good land practice requires the change or amendment of any portion thereof, and that the change or amendment is in accordance with the Comprehensive Plan, the City Council, by ordinance, may affect such amendment, supplement, change or reclassification.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
All such changes of district boundaries shall be recorded and filed within the office of the clerk and shall be noted on the appropriate official land use district map.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Formerly Ch. 10.41 Art. IX)
A. 
Authority to Grant Variances. The City Council, acting as the City Zoning Board, may grant requests for variances from the terms of this title when granting the request is not contrary to the public interest. A variance shall not be granted which will permit a land use in a district in which that use is not otherwise permitted, or in which that use is strictly prohibited.
B. 
Application. An application for a variance shall be filed by any property owner or authorized agent of a property owner. The application shall be submitted to the Public Works Director, and shall contain the following data with respect to the property and the application:
1. 
A legal description of the property involved;
2. 
A site plan or as-built of the particular parcel or parcels affected, submitted under the seal of a registered professional land surveyor, which shows all existing and proposed buildings or alterations and other information relevant to the variance request;
3. 
Evidence of the ability and intention of the applicant to proceed in accordance with the plans within 12 months after the effective date of the variance;
4. 
A statement and adequate evidence showing the following conditions, all four of which must be met before a variance may be granted:
a. 
There are special circumstances that apply to the particular property or to the intended use, such as shape of parcel, topography or location characteristics, that do not apply to the other property or class of use in the same district; and
b. 
The strict application of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title; and
c. 
The special conditions and circumstances do not result from the actions of the applicant and do not merely constitute pecuniary hardship or inconvenience; and
d. 
Granting of the variance will be in harmony with the objectives of the Comprehensive Plan and this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
5. 
If a property qualifies for a variance, the variance granted must meet the following conditions:
a. 
The deviation from the requirement of this title that is permitted by the variance may be no more than is necessary to permit a reasonable use of the lot; and
b. 
The variance will not permit a land use that is prohibited by this title; and
c. 
The variance is in keeping with the spirit and intent of this chapter and the requirements from which relief is sought; and
d. 
The variance will not be detrimental to the public health, safety or welfare; and
e. 
The variance will not adversely affect other property; and
f. 
The fee established in the City's fee schedule is included with the application.
C. 
Investigation.
1. 
The Public Works Director shall make an investigation of the facts bearing on any application sufficient to assure that the action taken is consistent with the intent and purpose of this chapter. The Public Works Director shall make a recommendation concerning the application to be forwarded to the Planning Commission.
2. 
The Planning Commission shall make an investigation of the facts bearing on any application sufficient to assure that the action taken is consistent with the intent and purpose of this chapter and shall make a recommendation concerning the application to be forwarded to the City Council.
D. 
Decision on Granting or Denial. Following the receipt of a complete application for a variance, the City Council shall hold a public hearing and shall make a decision concerning the application. Within 30 days, an interested party may appeal such action to the Alaska State superior court.
E. 
Conditions of Granting. The City Council, in granting a variance, may:
1. 
Establish conditions under which a lot or parcel of land may be used or a building constructed or altered;
2. 
Make requirements as to architecture, height of building or structure, open space, or parking areas;
3. 
Make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detriment to the community.
(Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 12-18 § 4, 2012; Formerly Ch. 10.41 Art. IX)