Special exceptions.

Houston Code of Ordinances § 42-82

in effect

Sec. 42-82. - Special exceptions. (a) The commission is authorized to consider and grant special exceptions to the provisions of article III of this chapter other than those specified in subsection (e), by majority vote of those members present and voting, except as required by subsection (d), when the commission finds that each of the following conditions exist: (1) Special circumstances exist that are unique to the land or the proposed subdivision or development and that are not generally applicable to all other land, subdivisions or developments in the city or its extraterritorial jurisdiction that justify modification of the standards that otherwise would apply; (2) The proposed special exception will achieve a result contemplated by the standards in article III of this chapter; (3) The modification of the standard requested is not disproportionate to the requirement of the standard, provided however that the commission shall not be authorized to grant a special exception if the modification of the standard is 33 percent or greater. A modification of a measurable standard by 10 percent or less shall be presumed to be not disproportionate; (4) The intent and general purposes of this chapter will be preserved and maintained; and (5) The granting of the special exception will not be injurious to the public health, safety or welfare. If a provision of article III of this chapter requires more specific findings with respect to the consideration and granting of a special exception, the more specific findings shall control. In granting a special exception, the commission is authorized to impose any condition on the subdivision plat or the development plat for which the special exception is requested that the commission determines is reasonably related to the special exception requested and that furthers the intent and purpose of this chapter. The findings of the commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the commission meeting at which a special exception was granted. (b) Any special exception granted under the provisions of this chapter shall apply only to the specific property for which the commission approved the special exception and shall not constitute a change of this chapter, or any part hereof, or establish any policy, rule or regulation contrary to the provisions of this chapter. (c) The commission shall not grant or deny any request for a special exception on which a public hearing is required under section 42-49 of this Code until after the hearing has been conducted. (d) Approval of a special exception requested for a replat that is subject to the protest provisions of section 42-84 of this Code shall be by the affirmative vote of three-fourths (¾) of the commission members present, or such other number as may be established by state law. (e) The commission shall not grant a special exception to any of the following: (1) Lot size requirements; (2) Compensating open space requirements; (3) Building line requirements; or (4) Performance standards of this chapter. (f) Each application for a general plan, subdivision plat or development plat for property all or part of which is located within the city that requests or requires a special exception from the provisions of this chapter shall require notification in compliance with section 42-83 of this Code unless one or more of the following conditions is applicable: (1) The only special exception requested or required is from the requirements of section 42-132 of this Code; or (2) The only special exception requested or required is from the provisions of section 42-131 of this Code for a cul-de-sac that intersects with a street that does not form any part of the boundary of the subdivision plat. (Ord. No. 2013-343, § 3(Exh. A), 4-24-2013; Ord. No. 2022-391, § 10, 5-18-2022)

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_CH42SUDEPL_ARTIIREPR_DIV3REPR_S42-82SPEXFetched: 10/26/2026