§ 30-5-23. SPECIAL EXCEPTIONS; LIMITED ADJUSTMENTS.
Latest version.
(A)
Except as prohibited by Article 13 (Save Our Springs Initiative), a special exception
from the requirements of this subchapter may be granted in accordance with Chapter 30-1, Article 9, Division 4 (Special Exceptions).
(B)
If a three-quarters majority of the City Council concludes, or a court of competent
jurisdiction renders a final judgment concluding that identified sections of this
subchapter, as applied to a specific development project or proposal violate the United
States Constitution or the Texas Constitution or are inconsistent with federal or
state statutes that may preempt a municipal ordinance or the Austin City Charter,
the City Council may, after a public hearing, adjust the application of this subchapter
to that project to the minimum extent required to comply with the conflicting law.
Any adjustment shall be structured to provide the maximum protection of water quality.
