Austin |
Code of Ordinances |
Title 25. LAND DEVELOPMENT. |
Chapter 25-2. ZONING. |
SubChapter C. USE AND DEVELOPMENT REGULATIONS. |
Article 1. GENERAL PROVISIONS. |
§ 25-2-476. SPECIAL EXCEPTIONS.
(A)
The Board of Adjustment shall grant a special exception for an existing residential structure, or portion of an existing structure, that violates a setback required under Chapter 25-2 ( Zoning ) if the board finds that the special exception meets the requirements of this section.
(B)
The Board shall grant a special exception under Subsection (A) of this section if:
(1)
the residential use for which the special exception is sought is allowed in an SF-3 or more restrictive zoning district;
(2)
the building official performs an inspection and determines that the violation does not pose a hazard to life, health, or public safety; and
(3)
the Board finds that:
(a)
the violation has existed for:
(i)
at least 25 years; or
(ii)
at least 10 years, if the application for a special exception is submitted on or before June 6, 2017;
(b)
the use is a permitted use or a nonconforming use;
(c)
the structure does not share a lot with more than one other primary residence; and
(d)
granting a special exception would not:
(i)
alter the character of the area;
(ii)
impair the use of adjacent property that is developed in compliance with city code; or
(iii)
grant a special privilege that is inconsistent with other properties in the area or in the district in which the property is located.
(C)
A special exception granted under this section:
(1)
applies only to the structure, or portion of a structure, for which the special exception was granted and does not run with the land;
(2)
may not authorize an increase in the degree of noncompliance or excuse compliance with minimum health and safety requirements; and
(3)
may not authorize a remodel or addition to the existing structure, except to the extent required by the building official to meet minimum life and safety requirements.
(D)
A structure granted a special exception under this section shall be treated as a non-complying structure under Chapter 25-2, Article 8 ( Noncomplying Structures ).
Source: Ord. 20110526-098; Ord. 20121108-091; Ord. 20130822-126; Ord. No. 20160519-057, Pt. 2, 5-30-16 .