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Ord 2004-092
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Ord 2004-092
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Last modified
6/2/2008 1:25:19 PM
Creation date
8/27/2007 9:05:40 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2004-92
Date
12/13/2004
Volume Book
159
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<br />Chapter 1 Development Procedures - Article 6. Platting Procedures <br /> <br />(d) Criteria for Approval. The replat of the subdivision shall meet all approval criteria <br />for a Final Subdivision Plat. <br /> <br />(e) Effect. Upon approval of the application, the replat may be recorded and IS <br />controlling over the previously recorded plat for the portion replatted. <br /> <br />Section 1.6.8.3 <br /> <br />Special Replat Requirements <br /> <br />(a) Applicability. In addition to compliance with the requirements of Section 1.6.8.2 <br />above, a replat without vacation of the preceding plat must conform to the <br />requirements of this section if: <br /> <br />(1) During the preceding five years, any of the area to be replatted was limited by <br />an interim or permanent zoning classification to residential use for not more <br />than two residential units per lot; or <br /> <br />(2) Any lot in the preceding plat was limited by deed restrictions to residential use <br />for not more than two residential units per lot. <br /> <br />(b) Exception. The requirements of this section shall not apply to any approval of a <br />replat application for a portion of a recorded plat if all of the proposed area sought to <br />be replatted was designated or reserved for usage other than for single- or duplex- <br />family residential usage. Such designation must be noted on the recorded plat or in <br />the legally recorded restriction applicable to such plat. <br /> <br />(c) Notice and Hearing. Published and personal notice of the public hearing on the replat <br />application shall be given in accordance with Article 3, Division 2 of this Chapter 1. <br />Personal notice shall be accompanied by a copy of the language of subsection (d). <br />The hearing shall be conducted by the Planning and Zoning Commission in <br />accordance with Article 3, Division 3 of this Chapter 1. <br /> <br />(d) Protest. If the replat application is accompanied by a variance petItIon and is <br />protested in accordance with this subsection, approval of the replat shall require the <br />affirmative vote of at least three-fourths of the members of the Planning and Zoning <br />Commission present at the meeting. For a legal protest, written instruments signed by <br />the owners of at least 20% of the area of the lots or land immediately adjoining the <br />area covered by the replat application and extending 200 feet from that area, but <br />within the original subdivision, must be filed with the Commission prior to the close <br />of the public hearing. In computing the percentage of land area under this section, the <br />area of streets and alleys shall be included. <br /> <br />Section 1.6.8.4 Amending Plats <br /> <br />City of San Marcos, Texas 1-118 <br /> <br />Land Development Code - Final <br /> <br />t <br /> <br />t <br /> <br />'- <br />
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