Protest and appeal; hearing procedures.
Houston Code of Ordinances § 28-533
in effectSec. 28-533. - Protest and appeal; hearing procedures.
(a) Any property owner, association or group within the residential area or setback area, as applicable, who has reasonable grounds to believe that approval of an application for a tower permit, the granting of a waiver, or the proposed construction will violate any applicable restriction, rule, regulation or ordinance may request a hearing before the commission to protest and present evidence establishing their allegations. The hearing request must state the specific grounds relied upon and be presented to the office of the director no later than 2:00 p.m. on the 37th calendar day following the date of filing of the required completed application for a tower permit or waiver, as applicable. Copies of all supporting documents, instruments, or other materials that are to be presented to the commission shall accompany the hearing request and shall be available for inspection and photocopying.
(b) An applicant for a tower permit that has been denied by the director has until 2:00 p.m. on the seventh calendar day following the issuance of a notice of disapproval to file a written notice of appeal in the manner prescribed by the director. The director shall waive this requirement upon a finding of good cause.
(c) Notice of the time, place and location of the public hearing at which the protest or appeal is to be presented must be given by the department before the tenth day before the date of the hearing by:
(1) Publication in a newspaper of general circulation in the city and county in which the land that is the subject of the waiver is located;
(2) By written notice delivered to the applicant, which shall be served by depositing the same, properly addressed and postage paid, in the United States Mail, first class postage; and
(3) By written notice delivered to each property owner, association or group registered with the department in the manner prescribed by the director, within the setback area. The written notice shall be served by depositing the same, properly addressed and postage paid, in the United States Mail, first class postage.
(d) All properly filed appeals and protests concerning the approval or disapproval of an application for a tower permit or the granting or refusal of an application for a waiver for a particular project shall be considered by the commission in a single public hearing. The public hearing shall be scheduled by the director at the next available commission meeting, assuming that proper notice has been given.
(e) The commission, following a public hearing, is authorized to deny a tower permit that is the subject of a protest under subsection (a) upon finding, based on substantial evidence, any of the following:
(1) The tower permit, if granted, will result in the violation of an applicable rule, regulation or ordinance enforceable by the city;
(2) The tower permit, if granted, will result in the violation of an applicable deed restriction or zoning regulation; or
(3) The information contained in the application is erroneous or the department's analysis of the permit application is based on erroneous information.
(f) The commission, following a public hearing, is authorized to deny a tower permit that is the subject of an appeal under subsection (b) upon finding, based on substantial evidence, that the decision of the director to deny the tower permit is erroneous or the department's analysis of the tower permit application or information therein is erroneous.
(g) If the commission denies the appeal of the denial of an application for a tower permit, a waiver or otherwise refuses to approve a tower permit as a result of a protest, the secretary of the commission shall issue a written report explaining in detail the reasons for the rejection, disapproval or refusal. The written report shall be issued not later than 30 calendar days from the date the decision was made.
(h) The decision of the commission concerning the issuance or denial of a tower permit or the granting or refusal of a waiver shall be the final administrative determination of the issue presented.
(Ord. No. 91-1734, § 2, 12-11-91; Ord. No. 95-104, § 1, 1-25-95; Ord. No. 98-253, § 2, 4-8-98; Ord. No. 2014-364, § 6(Exh. A), 4-30-2014)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXVIRETO_S28-533PRAPHEPRFetched: 10/26/2026