§ 25-2-1128. DEVELOPMENT BONUSES.

(A)

The Land Use Commission shall grant a development bonus to a proposed development if the Land Use Commission determines that:

(1)

an unusual circumstance exists, as defined in Subsection (C); and

(2)

the proposed development as constructed will comply with at least 50 percent of the criteria identified in Section 25-2-1129 ( Criteria For Approval Of A Development Bonus ).

(B)

A development bonus approved by the Land Use Commission for a proposed development may:

(1)

for property on a slope with a gradient of 15 percent or less, increase the floor-to-area ratio up to .05 to 1;

(2)

increase building height up to:

(a)

40 feet in a low intensity zone;

(b)

53 feet in a moderate intensity zone; or

(c)

63 feet in a high intensity zone; or

(3)

reduce a required setback by 25 feet or less.

(C)

In Subsection (A), an unusual circumstance must involve:

(1)

an undue hardship caused by this article, or by the cumulative effects of this title, because of the configuration, topography, or location of the tract;

(2)

the demonstration of an innovative architectural, site planning, or land use design that:

(a)

has not been used in the Austin area before; and

(b)

will serve as an excellent example for a subsequent development; or

(3)

a condemnation for right-of-way, if a bonus allows the property owner to recapture square footage potential that was lost because of that condemnation.

(D)

Notwithstanding Subsection (A)(2), if an unusual circumstance exists, the Land Use Commission may approve a development bonus if the proposed development does not comply with at least 50 percent of the criteria in Section 25-2-1129 ( Criteria For Approval Of A Development Bonus ).

Source: Sections 13-2-783(a) and (c); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.