APPLICATION FOR A SPECIAL EXCEPTION.
Austin City Code § 30-1-272
in effect§ 30-1-272 - APPLICATION FOR A SPECIAL EXCEPTION.
(A) A person claiming a vested right to develop property that becomes subject to the city's zoning or extraterritorial jurisdiction may file an application for a special exception with the single office.
(B) An application must be on a form prescribed by the single office and must include:
(1) the name and address of the applicant;
(2) the address and legal description of the property;
(3) if the applicant is not the record owner of the property, proof that the applicant is the owner's agent;
(4) the date the property became subject to the city's zoning or extraterritorial jurisdiction;
(5) if the property was annexed, the date the council scheduled public hearings on the annexation and the date notice of the public hearings was published in a newspaper of general circulation;
(6) if a governmental agency has approved or permitted development of the property in accordance with the claimed vested right, or if an application for an approval or permit is pending:
(a) the date the application was filed; and
(b) the date the application was approved;
(7) evidence that establishes reliance by the applicant on the status quo immediately before the property became subject to the city's zoning or extraterritorial jurisdiction; and
(8) evidence of a substantial and irrevocable commitment of resources uniquely suited to the proposed plan of development and which cannot be substantially recovered except by developing the property substantially as proposed.
(C) The single office may require the applicant to submit additional information that the director determines is necessary to evaluate the vested right claim.
Source: City Code Section 25-1-232; Ord. 031211-11; Ord. 031211-42.
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=TIT30AUTRCOSURE_CH30-1GEPRPR_ART9APVASPEXAD_DIV4SPEX_S30-1-272APSPEXFetched: 10/27/2026