Variances.

Houston Code of Ordinances § 42-81

in effect

Sec. 42-81. - Variances. (a) The commission is authorized to consider and grant variances from the requirements of this chapter by majority vote of those members present and voting, except as required by subsection (d), for any subdivision plat or development plat when the commission finds that each of the following conditions exist, except for variance requests submitted under subsection (e): (1) Either: a. The imposition of the terms, rules, conditions, policies and standards of this chapter 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 chapter 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 public policy; (2) The circumstances supporting the granting of the variance are not the result of a hardship created or imposed by the applicant; (3) The intent and general purposes of this chapter will be preserved and maintained; (4) The granting of the variance will not be injurious to the public health, safety or welfare; and (5) Economic hardship is not the sole justification for the variance. In granting a variance, the commission is authorized to impose any condition on the subdivision plat or the development plat for which the variance is requested that the commission determines is reasonably related to the variance 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 variance was granted. The commission shall not consider or grant a variance from the performance standards or definitions of this chapter or from any provision of state law. (b) Any variance granted under the provisions of this chapter shall apply only to the specific property for which the commission approved the variance, 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 variance on which a public hearing is required by the applicable provisions of section 42-49 of this Code until after the hearing has been conducted. (d) Approval of a variance requested for a replat pursuant to section 42-49 of this Code 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 grant a variance to an owner of a lot that is subject to a special minimum building line requirement or a special minimum lot size requirement established under the provisions of article III of this chapter upon determining that the owner has established a vested right to the building line or lot size otherwise applicable under article III of this chapter. The commission shall determine that the owner has established a vested right upon the owner's demonstration that: (1) The owner, in good faith and in material reliance on the building line or lot size otherwise applicable under article III of this chapter, expended a substantial sum of money prior to the effective date of the establishment of the special minimum building line requirement or special minimum lot size requirement for the lot that cannot be recovered; or (2) That the applicant, in good faith and in material reliance on building line or lot size otherwise applicable under article III of this chapter, has irreversibly changed position prior to the effective date of the establishment of a special minimum building line requirement or special minimum lot size requirement for the lot that will require the expenditure of substantial sums of money in the future. It shall be a rebuttable presumption that the existence of a contract to purchase, or option contract on, property subject to a special minimum building line requirement or special minimum lot size requirement does not constitute the expenditure of a substantial sum of money. (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 variance 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 application is for a general plan that does not request or require a variance from section 42-135 of this Code; (2) The only variance requested or required is from the requirements of section 42-132 of this Code; (3) The only variance 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; or (4) The only variance requested or required is from a building line requirement of division 3 of article III of this Code for property adjacent to a street that does not form any part of the boundary of the plat adjacent to platted or developed property. (g) The variance provisions of this section shall not apply to the requirements of article IV of this chapter. (Ord. No. 2013-343, § 3(Exh. A), 4-24-2013; Ord. No. 2015-639, § 16, 6-24-2015, eff. 7-24-2015; Ord. No. 2020-684, § 2(Exh. A), 8-5-2020; Ord. No. 2022-391, §§ 8, 9, 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_S42-81VAFetched: 10/26/2026