Waivers and Variances.

Austin City Code tit. 25, ch. 25-6, art. 2, div. 3

in effect

Austin City Code § 25-6-81 WAIVER REQUEST.

§ 25-6-81 - WAIVER REQUEST. (A) An applicant who files a development application that proposes to erect a structure or construct an improvement in a reserved right-of-way or in a required setback from reserved right-of-way must: (1) execute an agreement under Section 25-6-56 (Agreement For Temporary Use of Reserved Right-of-Way); or (2) submit a request for waiver of the reservation requirements of this article with the development application. (B) An owner of property reserved for right-of-way who does not have a development application pending with the City may apply for a waiver of the reservation requirements of this article if 15 percent or more of the property is or would be subject to the reservation requirements of Section 25-6-51 (Reservation of Right-of-Way). (C) A waiver granted under Subsection (B) is only effective until the City determines that acquisition of a reserved right-of-way is feasible. Source: Sections 13-5-13 and 13-5-14; Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-6-82 NOTICE OF WAIVER REQUEST.

§ 25-6-82 - NOTICE OF WAIVER REQUEST. (A) After receiving a waiver request, the director shall establish the alignment of a relevant roadway and, if a development application has been filed, shall apply the dedication standards under Section 25-6-55 (Dedication of Right-of-Way). (B) If an application covers an area designated as a state roadway project, the director shall: (1) notify the Texas Department of Transportation that: (a) a request for a waiver has been filed; and (b) if applicable, that a development application has been filed proposing construction in a reserved right-of-way or setback from reserved right-of-way; and (2) request field notes from the Texas Department of Transportation. (C) If the proposed structure or improvement is located in reserved right-of-way subject to dedication, the director shall require that the application be amended to show the land to be dedicated. (D) The director shall certify to the city manager that: (1) the dedication requirements have been applied to the application and that a request for a waiver to erect a structure or construct an improvement in the reserved right-of-way has been filed; or (2) a request for waiver of the reservation requirements of this article has been filed by an applicant who does not have a development application pending before the City and that 15 percent or more of the property is or would be subject to the reservation requirements of this article. Source: Section 13-5-15(a); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

Austin City Code § 25-6-83 ACTION ON WAIVER.

§ 25-6-83 - ACTION ON WAIVER. (A) Not later than the 90th day after receipt of the certification submitted under Section 25-5-82 (Notice Of Waiver Request), the city manager shall determine if the City can acquire the reserved right-of-way that is the subject of a waiver request. (B) If the City cannot acquire the property, the director shall: (1) release the application from the requirement to comply with the requirements of this article; or (2) if no application has been filed, grant the waiver request for the period of time that the City is unable to acquire the reserved right-of-way. (C) If the City can acquire the reserved right-of-way, the director shall deny the waiver. The director may not approve the development application for a period not to exceed six months, pending acquisition of the property. If the City has not acquired the property during the 6 month period, the director shall continue to process the application. Source: Section 13-5-15(b); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

Austin City Code § 25-6-84 APPEAL OF DENIAL OF WAIVER.

§ 25-6-84 - APPEAL OF DENIAL OF WAIVER. An applicant may appeal the director's denial of a waiver request to the council. Source: Section 13-5-15(c); Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-6-85 AMENDING DEVELOPMENT APPLICATION.

§ 25-6-85 - AMENDING DEVELOPMENT APPLICATION. (A) An applicant may amend a development application to exclude an improvement from a reserved right-of-way. (B) If an applicant amends an application to exclude an improvement from a reserved right-of-way, the City may discontinue procedures to acquire the reserved right-of-way. Source: Section 13-5-17; Ord. 990225-70; Ord. 031211-11.

Austin City Code § 25-6-86 VARIANCE FROM DEDICATION REQUIREMENTS.

§ 25-6-86 - VARIANCE FROM DEDICATION REQUIREMENTS. (A) The director may grant a variance from the dedication requirements of Section 25-6-55 (Dedication Of Right-Of-Way) if the director determines that the requirements: (1) place an undue hardship on the property owner because of special circumstances applicable to the property; or (2) render the property unsuitable for an economically feasible use. (B) An applicant may appeal the denial of a variance to the council. Source: Section 13-5-19; Ord. 990225-70; Ord. 031211-11.

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_CH25-6TR_ART2TRIMRI-WDE_DIV3WAVAFetched: 10/27/2026