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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 10' Relief Procedures <br /> <br />Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain Permit under this Land <br />Development Code will deprive the petitioner of all economically viable use of the <br />land, or for land in the extraterritorial jurisdiction, that the application of the <br />standards has resulted in at least a 25% devaluation of the property, based upon the <br />following factors: <br /> <br />(1) The nature and intensity of the uses allowed following application of the <br />standards in this Land Development Code to the Watershed Protection Plan <br />(Phase 1, Phase 2, or Qualified) or Floodplain Permit and related development <br />applications, in comparison with the nature and intensity of the uses allowed <br />without application of the standards; <br /> <br />(2) Whether the standards of this Land Development Code when applied to the <br />Watershed Protection Plan (Phase 1, Phase 2, or Qualified) or Floodplain <br />Permit and related development applications allow an economically viable use <br />of the land; <br /> <br />(3) For petitions in which it is alleged that there has been a devaluation of <br />property located in the extraterritorial jurisdiction, whether the adoption or <br />application of standards in this article is the producing cause of any <br />devaluation of the property; <br /> <br />(4) The total expenditures made in connection with the proposed development in <br />reasonable reliance on prior regulations; <br /> <br />(5) The extent to which the petitioner's expectations for economically viable uses <br />have been realized through actual or anticipated development on land <br />originally part of the same tract or parcel as the land for which relief is sought <br />under the petition; <br /> <br />(6) The extent to which petItIoner has taken advantage of any other relief <br />measures provided by this Code that would result in mitigation of economic <br />impacts resulting from application of the standards in this Land Development <br />Code; <br /> <br />(7) Any fees reasonably paid in connection with the proposed development; <br /> <br />(8) Any representations made by City officials concerning the project and <br />reasonably relied upon to the detriment of the petitioner; <br /> <br />(9) The extent to which the alleged effects of applying the standards of this Land <br />Development Code from which relief is sought would occur in any event from <br />application of standards by another regulatory agency; <br /> <br />(10) The extent to which the owner of the property had actual or constructive <br />notice of regulations or proposed changes in the standards governing <br /> <br />City of San Marcos, Texas <br /> <br />Land Development Code - Final <br /> <br />1-172 <br /> <br />It <br /> <br />It <br /> <br />'- <br />
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