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Texas Statutes (Last Updated: January 4, 2014) |
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LOCAL GOVERNMENT CODE |
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Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES |
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Subtitle C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT |
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Chapter 241. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIRPORTS |
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Subchapter C. ADMINISTRATIVE AGENCY AND BOARD OF ADJUSTMENT |
Sec. 241.034. VARIANCES
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(a) A person who desires to erect or increase the height of a structure, permit the growth of an object of natural growth, or otherwise use property in violation of an airport zoning regulation, may apply to the board of adjustment for a variance from the regulation.
(b) The board shall allow a variance from an airport zoning regulation if:
(1) a literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship; and
(2) the granting of the relief would:
(A) result in substantial justice being done;
(B) not be contrary to the public interest; and
(C) be in accordance with the spirit of the regulation and this chapter.
(c) The board may impose any reasonable conditions on the variance that it considers necessary to accomplish the purposes of this chapter.