Variances.
Houston Code of Ordinances § 9-782
in effectSec. 9-782. - Variances.
(a) The board shall hear and decide specific variances to the regulations in this article.
(1) A person who desires to place, construct, erect, or alter a structure or object of natural growth in a manner inconsistent with this article may apply to the board of adjustment for a variance from the regulations.
(2) The board shall allow a variance from these regulations if:
a. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship;
b. The granting of the relief would:
[1] Result in substantial justice being done;
[2] Not be contrary to the public interest; and
[3] Be in accordance with the spirit of these regulations and Chapter 241;
c. The variance is the minimum variance that will make possible the reasonable use of the land, structure, or object of natural growth; and
d. The variance would not result in the issuance of an AHA permit that would allow the creation of an airport hazard.
(3) In determining whether the standards set forth in subitems (2)c and d above have been met, the board shall consider the following factors:
a. The FAA's determination as to whether the proposed structure would constitute a hazard to air navigation;
b. The director's determination as to whether the proposed structure would penetrate a special one engine inoperative surface;
c. The nature of the terrain and height of existing structures;
d. Public and private interest and investments;
e. The character of aircraft operations and planned future development of the airport;
f. Federal airways as designated by the FAA;
g. Technological advances;
h. The safety of persons on the ground and in the air;
i. Land use density; and
j. Safe and efficient use of navigable airspace.
(4) The board may impose any reasonable conditions on a variance that it considers necessary to accomplish the purposes of this article and Chapter 241.
(5) A request for a variance shall be made by filing with the director a complete application in the form prescribed by the director, and payment of the fee stated for this provision in the city fee schedule. The director shall set a reasonable time for a hearing date and shall give public notice of the hearing and due notice to the parties in interest as required by section 9-785 of this Code. The board shall conduct a public hearing on the application and shall make its decision within a reasonable time, not to exceed 30 days from the date of the close of the hearing. In each case, the board shall make written findings that all conditions for the particular variance sought have been met or not met, and the board may impose such additional conditions or safeguards it deems necessary to protect the public interest.
(b) Exclusions from board authority.
(1) Applications for variance when the FAA has ruled that the placement, construction, or alteration of the structure or object of natural growth would constitute a hazard to air navigation.
(2) Enlargement of any nonconformity. A request for action by the board regarding a nonconforming structure or object of natural growth may be considered only to determine that a structure or object of natural growth is, or is not, in whole or in part, a legal nonconformity.
(Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010; ; Ord. No. 2011-1168, § 13, 12-14-2011; Memorandum of 9-12-2012)
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_CH9AV_ARTVIIAIHAARRE_DIV4APVASPEX_S9-782VAFetched: 10/26/2026