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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 />, <br /> <br />~ <br /> <br />~ <br /> <br />CHAPTER 1: DEVELOPMENT PROCEDURES <br /> <br />ARTICLE 1: DEVELOPMENT <br />ApPLICATIONS <br /> <br />Division 1: Classification of Development Applications <br /> <br />Section 1.1.1.1 Categories of Decisions and Rules Governing Decision-Making <br /> <br />For purposes of this Land Development Code, decisions on development applications are <br />classified either as legislative, quasi-judicial or administrative decisions. <br /> <br />(a) Legislative Decisions. Legislative decisions are those which establish or change the <br />City's policies and rules governing the use or development of land. Legislative <br />decisions shall be finally decided by the City Council acting in its capacity as a <br />municipal legislature. Legislative decisions may be based upon general considerations <br />of fostering and preserving the public health, safety and general welfare, including the <br />municipality's fiscal well being, and are characterized by exercise of broad discretion. <br />Legislative decisions shall be prefaced by a public hearing when required by state <br />law, the City Charter, or this Land Development Code. Legislative decisions cannot <br />be delegated, and are not subject to appeal or variation. <br /> <br />(b) Quasi-Judicial Decisions. Quasi-judicial decisions are those in which general <br />standards contained in the City's established policies and rules governing land <br />development are applied to specific development proposals. Quasi-judicial decisions <br />may be delegated to City staff persons or to an appointed board or commission for <br />initial or final decision. Quasi-judicial decisions require the exercise of considerable <br />discretion and may involve fact-finding or the imposition of conditions. Quasi- <br />judicial decisions may be prefaced by a public hearing. Quasi-judicial decisions may <br />be subject to appeal or variation. <br /> <br />(c) Administrative Decisions. Administrative decisions are those in which specific <br />standards contained in the City's established policies and rules governing land <br />development are applied to specific development proposals. Administrative decisions <br />shall be delegated to City staff persons or to an appointed board or commission for <br />initial or final decision. Administrative decisions may require the exercise of limited <br />discretion. Administrative decisions shall not be prefaced by a public hearing. <br />Administrative decisions may be subject to appeal or variation. <br /> <br />City of San Marcos, Texas <br /> <br />1-1 <br /> <br />Land Development Code - (10/20/2004) <br />
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