Standards for variance.
Houston Code of Ordinances § 33-136
in effectSec. 33-136. - Standards for variance.
(a) The commission is authorized to consider and grant variances from the provisions of this division by majority vote of those members present and voting, when the commission determines that the first four of the following conditions exist, and if applicable, the fifth condition, exists:
(1) The imposition of the terms, rules, conditions, policies and standards of this division would deprive the owner or applicant of the property of reasonable use of the land or building;
(2) The circumstances supporting the granting of the variance are not the result of a hardship imposed or created by the applicant, and the general purposes of this division are observed and maintained; and
(3) The intent of this article is preserved;
(4) The granting of such a variance will not be injurious to the public health, safety or welfare; and
(5) For a development that is subject to the requirements of article VII, 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.
(Ord. No. 03-159, § 5, 2-12-03)
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_CH33PLDE_ARTVTRSHSCFE_DIV2BUSI_S33-136STVAFetched: 10/26/2026