Ord 2004-092 - Laserfiche WebLink

Home Browse Search

Chapter 1 Development Procedures - Article 5 Zoning Procedures Division 10: Petition for Change in Non-Conforming Status Section 1.5.10.1 Property Owner's Petition (a) Applicability. A property owner may petition the Zoning Board of Adjustments for a change in the status of a non-conforming use or structure for the following matters: (1) Expansion of the land area of a nonconforming use; (2) Expansion of the gross floor area of a nonconforming structure; (3) Re-construction of a nonconforming structure that has been destroyed; (4) Resumption of a nonconforming use previously abandoned; (5) The enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair does not increase the structure's nonconformity; or (6) Encroachment on a zoning set-back line. (b) Effect. If the ZBOA grants the petition for a change in non-conforming status, modifications made in the nonconforming use, structure or lot that are consistent with the approved petition shall enjoy the same status and shall be subject to the same limitations as the original nonconformity under this Land Development Code. (c) Application requirements. (1) The Director of Development Services shall be the responsible official for a petition seeking a change in nonconforming status. (2) An application for seeking a change in nonconforming status shall be prepared in accordance with Chapter 1 of the Technical Manual. (d) Procedure and decision. The ZBOA shall process and decide the petition for a change in nonconforming status as a special exception in accordance with Division 9 of this article. (e) Criteria for approval. In deciding the petition, the ZBOA shall apply the following criteria: (1) The proposed change in nonconforming status meets the criteria Chapter 4, Article 5, Division 3. City of San Marcos, Texas 1-80 Land Development Code - Final IP It ,