§ 25-7-94. REQUIREMENTS IN CENTRAL BUSINESS AREA.

(A)

This section establishes requirements that apply in the central business area.

(B)

In this section, central business area means the area bounded by Interstate Highway 35, Riverside Drive, Barton Springs Road, Lamar Boulevard, and 15th Street.

(C)

A development application with a proposed building or parking area that encroaches on the 100-year floodplain may be approved if:

(1)

the floor slab of a proposed building is at least two feet above the 100-year floodplain;

(2)

normal access to that building is by direct connection with an area above the regulatory flood datum, as defined by Chapter 25-12, Article 1 (Building Code);

(3)

development associated with construction of the building compensates for any floodplain volume displaced by that construction; and

(4)

the applicant demonstrates by means of a study certified by a Texas registered professional engineer that the construction of the building and development activities associated with that building improves the drainage system by exceeding the minimum requirements of Sections 25-7-3 (Obstruction of Waterways Prohibited), 25-7-4 (Duty to Maintain Unobstructed Waterways), and 25-7-5 (Standing Water Declared a Nuisance).

(D)

The director may waive a requirement of Subsection (C) if:

(1)

the applicant submits:

(a)

a written request identifying the requirement to be waived; and

(b)

a justification for the waiver prepared by a Texas registered engineer certifying that waiving the requirement will not result in additional adverse flooding of other property; and

(2)

the director determines that:

(a)

the waiver is required by unique site conditions;

(b)

the waiver is a minimum departure from the requirements of Subsection (C); and

(c)

waiving the requirement will not result in additional adverse flooding of other property.

(E)

A development application that may be approved under this section must comply with the flood proofing requirements of Chapter 25-12, Article 1 (Building Code).

Source: Ord. 20131017-046.