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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 />tI <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 3 Universal Procedures <br /> <br />Division 4: Post-Decision Procedures <br /> <br />Section 1.3.4.1 <br /> <br />Post-Decision Procedures <br /> <br />(a) Re-Application Following Denial. Whenever any development application, with the <br />exception of any plat application, is denied for failure to meet the substantive <br />requirements of this Land Development Code, a development application for all or a <br />part of the same property shall not be accepted for filing for a period of six months <br />from the date of denial unless the subsequent application involves a proposal that is <br />materially different from the previously denied proposal. The decision-maker on the <br />first application shall resolve any questions concerning the similarity of the second <br />application. Non-compliance with this sub-section shall be grounds for denial of the <br />application. The decision-maker may, at its option, waive the six month waiting <br />period if, after due consideration of the matter at a scheduled and posted meeting, it is <br />determined that denial of the request was based upon erroneous or omitted <br />information, or if substantial new information pertaining to the request is discovered. <br /> <br />(b) Amendments and Revisions to Approval. Unless another method is expressly <br />provided by this Land Development Code, any request to amend or revise an <br />approved development application shall be considered a new application, which must <br />be decided in accordance with the procedures governing the original application and <br />the standards in effect at the time such new application is filed with the City. <br /> <br />(c) Amendments Required. Whenever a subordinate development application differs <br />materially from a priority application to which the subordinate application must <br />conform, the applicant shall submit an amended application for the priority <br />application, which shall be decided prior to the subordinate application. The <br />applicant's failure to comply with the section shall result in denial of the subordinate <br />application. <br /> <br />Division 5: Expiration, Extension and Reinstatement <br /> <br />Section 1.3.5.1 <br /> <br />Expiration, Extension and Reinstatement of Approvals <br /> <br />(a) Time of Expiration. Unless otherwise expressly provided by this Land Development <br />Code, a quasi-judicial or administrative development permit shall automatically <br />expire and become null and void, and all activities under the permit thereafter shall be <br />deemed in violation of this Code, if (1) the applicant fails to satisfy any condition that <br />was imposed as part of the approval of the development application or that was made <br />under the terms of any development agreement, within the time limits established for <br />satisfaction of such condition or term, or (2) the applicant fails to submit a subsequent <br />development application required by this Land Development Code within the time so <br /> <br />City of San Marcos, Texas <br /> <br />1-33 <br /> <br />Land Development Code - Final <br />
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