Variances.

San Antonio City Code § 34-276

in effect

Sec. 34-276. - Variances. The authority to grant a variance and an appeal from such variance to the provisions of this division, is hereby delegated to the San Antonio Water System in the manner described herein. A determination by the San Antonio Water System pursuant to this section shall be deemed final for purposes of appeal. Appeal procedures are detailed below. (1) Variance. A person who is affected by these provisions may seek a variance in the manner set out herein. A person shall request a variance within thirty (30) days of the date a provision becomes apparently applicable to that person's activities and/or properties. (2) Time, date, place. A person seeking a variance under these provisions shall make such request in writing to the conservation department. Such request shall be reviewed by the department. If the application, on its face, warrants a variance, the department may grant the request without hearing. (3) Appeal. In the event the variance is granted, the decision of the department shall be final. Should the variance be denied, however, the requestor shall have ten (10) days from receipt of the denial of the variance to seek an appeal in writing. Within thirty (30) days of the written request for an appeal from the denial of a variance, the President/CEO's designee in Conservation shall hear the appeal. The requestor shall be informed in writing of the time, date and place where such appeal shall be heard. The requestor and/or their authorized representatives may present evidence to the President/CEO's designee in Conservation why such appeal should be granted. The designee shall inform the requestor within thirty (30) days of the date of the hearing of the appeal whether the appeal has been granted or denied. The determination of the director shall be final and shall be in writing. (4) Variance qualifications. Variances to the regulated activities in this division 1 may be issued through the department of conservation's designee provided that the general intent of this division has been met, and compliance with article IV, division 1, is proven to be impracticable to accomplish and to cause unnecessary hardship. The criteria to determine hardship shall include, but not be limited to, a showing of level of capital outlay and technical complexity in relation to conservation benefit to be derived, and time and effort required to accomplish compliance with this division. (5) Specific criteria to be used for the granting of variances. The president/CEO of the San Antonio Water System or their designee shall also develop specific criteria to be used for the granting of variances from the provisions of this division, which are appropriate to the provision for which a variance is being sought. Such criteria shall be applied equally to each request for variance under a particular provision. A requestor shall be furnished with the criteria to be utilized by the department and/or director prior to his/her variance application and/or appeal being heard. (Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14; Ord. No. 2024-06-20-0480, § 1(Exh. A), 6-20-24)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH34WASE_ARTIVDRMAWACORE_DIV1REAC_S34-276VAFetched: 10/27/2026