Standards and review of variances.
Houston Code of Ordinances § 26-563
in effectSec. 26-563. - Standards and review of variances.
(a) The commission is authorized to consider and grant a variance from the provisions of this article if the commission determines that the granting of a variance satisfies the following criteria:
(1) Either:
a. The imposition of the terms, rules, conditions, policies and standards of this article would create an undue hardship by depriving the applicant of the reasonable use of the land; or
b. Strict application of the requirements of this article would make a project infeasible due to the existence of unusual physical characteristics that affect the property in question or would create an impractical development or one otherwise contrary to sound policy;
(2) That the circumstances supporting the granting of the variance are not the result of a hardship imposed or created by the applicant;
(3) The intent and general purposes of this article will be preserved;
(4) The number of proposed parking spaces will be sufficient to serve the use for which it is intended;
(5) The granting of the variance will not be injurious to the public health, safety or welfare; and
(6) If the building is subject to the requirements of article VII of chapter 33 of this Code, the granting of the variance is necessary to accomplish the purposes of a certificate of appropriateness issued pursuant to article VII of chapter 33 of this Code.
(b) In addition, if the building or tract for which the variance is sought proposes to provide parking spaces on an off-site parking facility, the commission shall consider the following factors:
(1) The locations of the proposed use classification and the proposed off-site parking facility;
(2) Existing and potential parking demand created by other use classifications in the vicinity;
(3) The characteristics of the use classification, including employee, customer, and patron parking demand, hours of operation, and projected convenience and frequency of use of the off-site parking facility;
(4) Adequacy, convenience, and safety of pedestrian access between off-site parking facilities and the tract where the use classification is located;
(5) Traffic patterns on adjacent streets, and proposed access to the off-site parking; and
(6) The recommendation of the traffic engineer.
(Ord. No. 2013-208, § 2(Exh. A), 3-6-2013)
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_CH26PA_ARTVIIIOREPALO_DIV5VA_S26-563STREVAFetched: 10/26/2026