VARIANCE PREREQUISITE.
Austin City Code § 25-8-646
in effect§ 25-8-646 - VARIANCE PREREQUISITE.
(A) If a variance, waiver, exemption, modification, or alternative compliance from another City Code provision would eliminate the need for a variance from Section 25-8-641 (Removal Prohibited), before requesting a variance to allow removal of a heritage tree on private property the applicant must:
(1) request a variance, waiver, exemption, modification or alternative compliance from the Code provisions that would eliminate the need to remove the heritage tree; and
(2) obtain a grant or denial of the variance, waiver, exemption, modification or alternative compliance that would eliminate the need to remove the heritage tree.
(B) The request for a variance to allow removal of a heritage tree may not be considered unless the variance, waiver, exemption, modification or alternative compliance from other City Code provisions is denied.
(C) The application fee for a variance from another City Code provision required under this section is waived.
(D) This section does not apply to an application for a variance to remove a heritage tree based on the criteria in Subsections 25-8-624(A)(3), (4) or (5).
(E) The body considering the variance, waiver, exemption, modification, or alternative compliance will consider the benefit of preserving the heritage tree in determining whether to grant or deny the request for a variance, waiver, exemption, modification or alternative compliance from another City Code provision.
(F) This subsection does not require an applicant to request a variance, waiver, exemption, modification, or alternative compliance if the director determines that to do so would endanger the public health and safety.
Source: Ord. 20100204-038.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-8EN_SUBCHAPTER_BTRNAARPRENSP_ART1TRNAARPR_DIV3HETR_S25-8-646VAPRFetched: 10/27/2026