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<br />tI <br /> <br />tII <br /> <br />J <br /> <br />Chapter 1 Development Procedures -Article 5 Zoning Procedures <br /> <br />to assure conformity with the Watershed Protection Plan (Phase I) and compatibility <br />with adjoining uses and neighborhood character. <br /> <br />Section 1.5.8.6 <br /> <br />Appeals <br /> <br />The applicant or other interested person may appeal the decision of the Planning and Zoning <br />Commission to the City Council in accordance with Article 10, Division 1, of this Chapter 1. <br />The Council shall apply the criteria in Section 1.5.8.5 in deciding whether the Commission's <br />action should be upheld or modified. <br /> <br />Section 1.5.8.7 <br /> <br />Expiration and Revocation <br /> <br />(a) Expiration. If a Preliminary Subdivision Plat or Preliminary Development Plat has <br />not been approved for land subject to the Cluster Development Plan within one year <br />from the date of approval of a Cluster Development Plan, the Cluster Development <br />Plan shall lapse and no application for plat approval, or application for approval of a <br />Cluster Development Plan on another phase of the development or Site Preparation <br />Permit shall be accepted for filing thereafter, unless the Cluster Development Plan is <br />reinstated. A Cluster Development Plan also shall expire upon expiration of the <br />associated Watershed Protection Plan (Phase 1 or 2). <br /> <br />(b) Extension and Reinstatement. The Planning and Zoning Commission may extend the <br />time of expiration for or reinstate a Cluster Development Plan for a period not to <br />exceed one year, in accordance with the procedures in Article 3, Division 5 of this <br />Chapter 1. <br /> <br />Division 9: Special Exceptions <br /> <br />Section 1.5.9.1 <br /> <br />Purpose, A pplicability and Effect <br /> <br />(a) Purpose. The purpose of a special exception shall be to authorize a modification of <br />zoning standards applicable to particular types of development within any zoning <br />district, which is consistent with the overall intent of the zoning ordinance and for <br />which express standards are prescribed, but that requires additional review to <br />determine whether the development with the modification is compatible with <br />adjoining land uses and the character of the neighborhood in which the development <br />is proposed. <br /> <br />(b) Applicability. An application for a special exception may be filed only for those <br />modifications listed in Section 4.5.3.6 of this Code. The special exceptions procedure <br />shall be applicable only within the City limits. <br /> <br />City of San Marcos, Texas <br /> <br />Land Development Code - Final <br /> <br />1-77 <br />