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<br />41 <br /> <br />, <br /> <br />I <br /> <br />Chapter 1 Development Procedures - Article 10' Relief Procedures <br /> <br />I ARTICLE 10: RELIEF PROCEDURES <br /> <br />Division 1: Appeals <br /> <br />Section 1.10.1.1 <br /> <br />Purpose, Applicability and Effect <br /> <br />(a) Purpose. The purpose of an appeal is to contest an initial decision on a development <br />application based upon alleged misapplication of the criteria for approval of the <br />application. An appeal shall not be used as a means of amending, varying or <br />otherwise modifying the standards of this Land Development Code that apply to the <br />development application. <br /> <br />(b) Applicability. Any final administrative decision on a development application <br />authorized by this Land Development Code, including a determination by the <br />responsible official that a proposed development is exempt from one or more <br />development applications, may be appealed to the board or commission designated in <br />the regulations establishing the procedure by which the decision was made. A final <br />quasi-judicial decision on a development application may be appealed to the City <br />Council only if expressly provided for in the regulations establishing the procedure by <br />which the decision was made. No appeal shall be taken from a legislative decision <br />authorized under this Land Development Code. <br /> <br />(c) Effect. The granting of an appeal supercedes the decision from which appeal was <br />taken, and results in approval, conditional approval or denial of the development <br />application for which approval was sought. <br /> <br />Section 1.10.1.2 <br /> <br />Appeal Requirements <br /> <br />(a) Who May Appeal. The applicant and any interested person may appeal a final <br />decision on a development application to the appellate body designated by this Land <br />Development Code, if any. <br /> <br />(b) Form of Appeal. The appeal shall contain a written statement of the reasons why the <br />final decision is erroneous, and shall be accompanied by the fee established by the <br />City Council. An appeal by an applicant shall be accompanied by a copy of the <br />development application on which the initial decision was rendered. An appeal may <br />include any other documents that support the position of the appellant. <br /> <br />(c) Time for Filing Appeal. A written appeal must be filed with the responsible official <br />within ten working days from the date of notification of the final decision on the <br />development application. <br /> <br />City of San Marcos, Texas <br /> <br />1-153 <br /> <br />Land Development Code - Final <br />