VARIANCES

Houston Code of Ordinances ch. 7, art. III, div. 5

in effect

Houston Code of Ordinances § 7-72 Variance procedure.

Sec. 7-72. - Variance procedure. (a) A licensee or an applicant for a metal recycler license may make written application to the director on a form promulgated by the director for a variance from the requirements regarding open storage contained in section 28-34 of this Code. The applicant shall provide the following: (1) The name and address of the fixed location of the business; (2) A statement of the extent of the variance sought and the specific facts and reasons that the applicant believes warrant the granting of the variance; (3) The nonrefundable fee stated for this provision in the city fee schedule; and (4) Any other information that the director may reasonably require. (b) A staff report regarding the variance request shall be provided to the director prior to his consideration of the variance request. (c) The director shall consider the variance application and make a determination to grant or deny the variance within ten business days of receipt of the variance application. All determinations shall be issued in writing, contain the reasons the variance was granted or denied, signed by the director, and issued to the applicant at the address provided in the application. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-73 Standards for variances.

Sec. 7-73. - Standards for variances. The director is authorized to consider and grant variances from the provisions of section 28-34 of this Code if the director determines that: (1) That the circumstances supporting the granting of the variance are not the result of a hardship imposed or created by the applicant; (2) That, in the sole discretion of the director, the intent and general purposes of this article will be preserved and maintained and that the granting of the variance will not be injurious to the public health, safety or welfare. (3) At least 75% of the surrounding properties in a 1500 foot radius, as measured from the property line of the applicant's place of business, are used for commercial or industrial purposes; and (4) No more than 25% of the surrounding properties in a 1500 foot radius, as measured from the property line of the applicant's place of business, are designated for tax appraisal purposes as residential by the Harris County Appraisal District if situated in the city or by the appraisal district of the county in which the applicant's place of business is situated if not situated in the city. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-74 Applicability of variance.

Sec. 7-74. - Applicability of variance. Any variance granted under the provisions of this division will apply only to the specific property and use upon which the director was requested to grant a variance by the applicant. All variances as granted shall be in writing, signed by the director and maintained by the director in accordance with the appropriate record retention schedule. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-75 Renewal of variance.

Sec. 7-75. - Renewal of variance. A variance granted under this division shall be valid for 20 years from the date of issuance. Any applicant whose variance is expiring and who desires to renew the variance shall make written application for a renewal of the variance in the manner provided in this division not more than 30 days prior to the expiration of the variance. All the requirements of this division must be met before a new variance may be issued. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-76 Appeal.

Sec. 7-76. - Appeal. (a) Any applicant for a variance whose application has been denied may request a hearing regarding the denial of the variance. The request must be made in writing and provided to the director within ten business days of the date of the director's denial of the variance. If the applicant does not request a hearing within ten business days, the denial of the variance is effective on the 11 th business day after the date of the director's denial of the variance. (b) The hearing shall be conducted within 20 business days of the director's receipt of the request and shall be conducted by a hearing officer employed by the municipal courts department of the city designated to conduct administrative hearings and enter orders in the manner provided in this section. The hearing officer shall deny the variance if he determines by a preponderance of the evidence that grounds exist to deny the variance. At the hearing, the applicant may be represented by an attorney, present evidence and cross-examine witnesses. (c) The hearing officer shall give written notice to the applicant of his findings as to whether or not the variance should be granted and the reasons therefor. The notice shall be by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable, but in no event more than 30 days thereafter. The decision of the hearing officer shall be final. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

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_CH7ANDECOMASCMEPRSEREREBU_ARTIIIMERE_DIV5VAFetched: 10/26/2026