Whitehouse Planning and Zoning Commission recommends zoning updates to regulate certain 'high-risk' businesses and revise fees

The Whitehouse Planning and Zoning Commission on April 21 recommended that the City Council consider three related zoning actions: an ordinance to regulate certain ‘‘high-risk’’ commercial uses, amendments to the home-based business code to conform to recent state law, and a revision of the city’s permit fee schedule.

A staff member told the commission the city has seen growing interest in commercial uses that can produce secondary impacts and that the proposed ordinance 26-0428-01 would create regulations — not bans — for uses including vape shops, credit-access/payday lenders, auto-title businesses and certain gaming establishments. “This approach does not prohibit these businesses, but ensures they are appropriately located and operated in a manner consistent with surrounding development and the city's comprehensive plan efforts,” the staff member said.

The staff presentation also covered ordinance 26-0428-02, which revises Section 21.7 of the combined zoning ordinance to align with recent state law changes, including House Bill 2464, that limit how municipalities may regulate home-based businesses. According to staff, the amendment adds a ‘‘no-impact’’ home-based-business definition that would not require a permit while preserving city authority to address nuisance impacts such as traffic, noise and safety.

All three items were opened for public hearing. For each hearing staff and the Chair noted there were no members of the public signed in to speak; the hearings were closed and the commission proceeded to votes.

Votes at a glance - Ordinance 26-0428-01 (regulation of specified high-risk commercial uses): motion to recommend approval forwarded to City Council; motion passed on voice vote with no opposition. - Ordinance 26-0428-02 (amend Section 21.7 — home-based businesses, align with state law): motion to recommend approval forwarded to City Council; motion passed on voice vote with no opposition. - Ordinance 26-0428-04 (update permit fee schedule — zoning, planning, plan review, building services): motion to recommend approval forwarded to City Council; motion passed on voice vote with no opposition.

Commissioner Daniel Turner raised specific fee concerns during the fee-schedule discussion, questioning what the transcript recorded as a ‘‘variance fee being $3.50’’ and saying that some fees might be burdensome for residents seeking small variances. “It just seems kinda like a pretty steep fee for a variance request,” Turner said. Commissioners and staff discussed that some fees (for example, burning permits) are currently low — a staff exchange noted a burning permit fee of $10 — while other fee lines reflect administrative costs. Staff said they compared the proposed schedule to roughly six peer cities when setting rates.

Commissioners also asked whether outdoor vendor permits would cover food trucks or farmers markets; staff said food trucks will not require a permit after July 1 and that the farmers market typically operates under a single permit with vendor liability placed on the market operator. Several commissioners noted that the city manager has authority to waive fees in specific circumstances — a provision staff highlighted as a mechanism to avoid charging small community groups for one-off events.

At the start of the meeting staff announced a public open house for the city’s comprehensive plan on May 7 from 5:30 to 7:30 p.m. at the city center; staff said mailers were sent to Whitehouse residents to encourage participation. The administrator later reported that permit activity had spiked earlier in the year from developer submittals and that growth tied to Park Meadows and the Villas on Main should increase permit activity again as infrastructure is accepted.

What happens next Each ordinance will be forwarded to the City Council for consideration. The commission’s recommendations will be included in the council packet; staff did not report any scheduled council hearing dates during the meeting.