APPEALS, VARIANCES AND SPECIAL EXCEPTIONS

Houston Code of Ordinances ch. 9, art. VII, div. 4

in effect

Houston Code of Ordinances § 9-781 Appeals.

Sec. 9-781. - Appeals. Except for actions brought under section 9-757 of this Code, the board shall hear and decide an appeal from an order, requirement, decision, or determination made by the director in the application or enforcement of this article in accordance with such reasonable rules as the board may establish. (1) Who may appeal. Any person aggrieved by an order, decision, or determination of the director, any taxpayer affected by a decision or determination of the director made in the administration of this article, or the governing body if the governing body believes the order, decision or determination is an improper application of this article may file and appeal under this article. (2) Commencement of appeals. All appeals hereunder must be taken within seven business days of the director's decision or prior to commencement of construction, whichever occurs first, by filing a notice of appeal with the board and the department specifying the grounds for the appeal. The department shall transmit to the board all papers constituting the record upon which the action appealed was taken. (3) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the director certifies in writing to the board that by reason of the facts stated in the certificate, a stay would, in the opinion of the director, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board on notice to the director and on due cause shown. (4) Appeal procedures. The board shall set a reasonable time for an appeal hearing, and public notice of the hearing and due notice to the parties in interest shall be given as provided in section 9-785 of this Code. The board shall decide an appeal within a reasonable time. At the hearing, any party may appear in person, by agent, or by attorney. (5) Decision. The board may reverse or affirm, in whole or in part, or modify the director's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for this purpose the board of adjustment has the same authority as the department. The board, however, may not issue a decision that would result in the issuance of an AHA permit that would allow the creation of an airport hazard. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-782 Variances.

Sec. 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)

Houston Code of Ordinances § 9-783 Special exceptions.

Sec. 9-783. - Special exceptions. The board shall be entitled to hear and grant special exceptions to the terms of this article as provided in this section. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-784 Time for submittal.

Sec. 9-784. - Time for submittal. Complete applications shall be reviewed and referred to the board by the director for the next meeting for which proper notice pursuant to section 9-785 of this Code can be given. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

Houston Code of Ordinances § 9-785 Notification of application before the board.

Sec. 9-785. - Notification of application before the board. (a) The director shall give public notice of a hearing before the board on an appeal of the director's decision, a special exception, or a variance by: (1) Either: a. Mailing a letter, first class mail, postage paid, to the owner of the property that is the subject of the matter presented to the board, and to the owners of all lots or tracts that are within 250 feet of the boundary of the property, as shown on the most recently approved ad valorem tax rolls of the city not less than the seventh day before the first meeting at which the board will first consider the application; or b. By causing the information to be readily available to the public in an electronic format; and (2) By letter mailed first class mail, postage paid, or by electronic mail message to each neighborhood association with defined boundaries registered with the department in whose area the property is located as soon as reasonably possible before the first meeting at which the board will consider the application. (b) The applicant shall give notice of an application before the board by posting at least one sign on the property that is the subject of a proposed variance or special exception before the tenth business day before the date of the meeting at which the board will first consider the application. A sign shall face each public right-of-way bordering the site, provided, however, that if more than four signs would be required to be posted, the applicant may request the director to approve an alternative number and location of signs. The director shall approve an alternative to the number and location of signs required by this subsection in excess of four upon determining that the alternative will provide maximum visibility and obtain the objectives of this section without unduly burdening the applicant. Each sign shall be a minimum of four by eight feet in size and shall be posted no more than 15 feet from the public right-of-way. The lettering on the sign shall be legible from the public right-of-way. The applicant shall use reasonable efforts to maintain each required sign on the site until the close of the meeting at which the board acts on the application. The sign shall provide the following information: (1) The application number of the request and the fact that a variance or special exception is being requested; (2) The date, time, and place of the meeting at which the board will first consider the application; (3) A telephone number of the applicant to call for additional information; and (4) A department telephone number to call for additional information. (Ord. No. 09-1301, § 2, 12-16-09, eff. 3-1-2010)

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_DIV4APVASPEXFetched: 10/26/2026