How do I request a variance?
Apply for a Zoning Variance through the Development Services Department; the Development Services Director processes the application and the Board of Adjustment decides after a public hearing noticed under Sec. 2.10.04. The Board can vary yard dimensions, lot dimensions, floor area, height, building coverage, and other Section 2 standards, but it cannot authorize a use the district prohibits, cannot modify a Specific Use Permit, and cannot act while a rezoning or plat for the property is pending. You must show undue hardship: special conditions of the land, relief limited to the minimum necessary, no harm to the public or nearby property, and a hardship that is neither self-imposed nor shared by most properties in the district; financial hardship alone does not qualify. Approval requires a concurring vote of 75 percent of Board members (Texas Local Government Code 211.009(c)). For some standards, Sec. 2.11.01 Alternative Compliance offers a staff-level path, and Sec. 2.11.04 covers special exceptions.
Sources
- UDC Sec. 2.11.03, Zoning Variance
- UDC Sec. 2.11.01, Alternative Compliance
- UDC Sec. 2.10.04, Public Hearings and Notification Requirements
Full text: Buda ordinance on eCode360 (General Code). Applies to districts: R-2, R-3, B-2.
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