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<br />Chapter 1 Development Procedures - Article 1 Development Applications <br /> <br />(d) Rules Governing Decisions. <br /> <br />(1) Whenever a quasi-judicial or administrative decision is made subject to appeal <br />or variation by this Land Development Code, the final decision-maker in an <br />appeal or request for variation shall exercise the same degree of discretion <br />exercised by the initial decision-maker unless otherwise provided by law. <br /> <br />(2) Whenever an amended or revised development application is submitted to the <br />City for decision, the amended or revised application shall be of the same <br />classification as the initial application and shall be subject to the same level of <br />discretion as was the initial application. <br /> <br />(3) Whenever an appointed board or commission makes a recommendation to the <br />City Council on a decision to be finally decided by the Council, such board or <br />commission shall be deemed to act in the same capacity as the City Council. <br /> <br />(4) The applicant shall bear the burden of demonstrating that a request for <br />approval or development application meets the criteria for approval for that <br />type of application. The appellant bears the burden of demonstrating that the <br />initial decision by the City should be reversed or modified. <br /> <br />Section 1.1.1.2 <br /> <br />Legislative Decisions and Applications <br /> <br />(a) Decisions on the following types of petitions, applications or relief procedures are <br />classified as legislative decisions, and such petitions and applications are referred to <br />as legislative applications: <br /> <br />(1) A petition seeking amendment to the text, Capital Improvements Plan or <br />Future Land Use Map of the Master Plan. <br /> <br />(2) A petition seeking amendment to the text of this Land Development Code. <br /> <br />(3) A petition to establish or amend a zoning district map classification, including <br />creation or amendment of an overlay district; <br /> <br />(4) An application for approval or amendment of a Concept Plan incorporated as <br />part of a Planned Development district. <br /> <br />(5) A petition for approval of a development agreement and approval of a land <br />use plan in the City's extraterritorial jurisdiction. <br /> <br />(6) A petition to extend City utilities to land located in the City's extraterritorial <br />jurisdiction. <br /> <br />City o/San Marcos, Texas <br /> <br />1-2 <br /> <br />Land Development Code - Final <br /> <br />, <br /> <br />-- <br /> <br />'- <br />