§ 30-5-42. ADMINISTRATIVE VARIANCES.

(A)

A variance under this section may not vary the requirements of Article 13 ( Save Our Springs Initiative ).

(B)

The Watershed Protection Department director may grant a variance from a requirement of:

(1)

Section 30-5-261 ( Critical Water Quality Zone Development ), only if:

(a)

necessary to protect public health and safety, or if it would provide a significant, demonstrable environmental benefit, as determined by a functional assessment of floodplain health as prescribed by the Environmental Criteria Manual,

(b)

necessary to allow an athletic field in existence on October 17, 2013, to be maintained, improved, or replaced,

(c)

necessary to allow an athletic field to be located in an area not otherwise allowed under Section 30-5-261(B)(5), or

(d)

necessary to allow a hard surfaced trail to be located in an area not otherwise allowed under Section 30-5-261(B)(3);

(2)

Section 30-5-261 ( Critical Water Quality Zone Development ), for development within an urban watershed, only if the proposed development:

(a)

is located not less than 25 feet from the centerline of a waterway,

(b)

is located outside the erosion hazard zone, unless protective works are provided as prescribed in the Drainage Criteria Manual,

(c)

does not increase non-compliance, if any, with Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), Section 30-5-281 ( Critical Environmental Features ) or Section 30-5-282 ( Wetland Protection ), and

(d)

restores native vegetation and soils if development is removed from the Critical Water Quality Zone;

(3)

Subsection 30-5-262(B) ( Critical Water Quality Zone Street Crossings ), only outside the Barton Springs Zone;

(4)

Section 30-5-281 ( Critical Environmental Features );

(5)

Section 30-5-322 ( Clearing for a Roadway );

(6)

Section 30-5-341 ( Cut Requirements ) or Section 30-5-342 ( Fill Requirements ), for a cut or fill of not more than eight feet in the desired development zone;

(7)

Subsection 30-5-343(A) ( Spoil Disposal );

(8)

Section 30-5-365 ( Interbasin Diversion ).

(C)

It is the applicant's burden to establish that the findings described in this Section have been met.

(D)

The Watershed Protection Department director may grant a variance described in Subsection (B) only after determining that development in accordance with the variance meets the objective of the requirement for which the variance is requested and

(1)

for property in the Barton Springs Zone, the variance will result in water quality that is at least equal to the water quality achievable without the variance;

(2)

for a variance from Section 30-5-261(B)(5), that the proposed work on or placement of the athletic field will have no adverse environmental impacts;

(3)

for a variance from Section 30-5-281, that the proposed measures preserve all characteristics of the critical environmental feature;

(4)

for a variance from Section 30-5-341 or Section 30-5-342, the cut or fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway;

(5)

for a variance from Section 30-5-343(A), use of the spoil provides a necessary public benefit. Necessary public benefits include:

(a)

roadways;

(b)

stormwater detention facilities;

(c)

public or private park sites; and

(d)

building sites that comply with Section 30-5-341 ( Cut Requirements ), Section 30-5-342 ( Fill Requirements ), and Chapter 30-4 ( Drainage ); and

(6)

for a variance from Section 30-5-365, there are no adverse environmental or drainage impacts.

(E)

The Watershed Protection Department director shall prepare written findings to support the grant or denial of a variance request under this section.

Source: City Code Section 25-8-42; Ord. 031211-11; Ord. 031211-42; Ord. 20131017-046; Ord. No. 20170615-102 , Pt. 38, 6-15-17.