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ARTICLE 1. GENERAL TO ALL PLANS <br />San Marcos, Texas <br />and /or mitigate the violation, or to secure a Variance to address the violation. <br />1.4.8. Parkland Dedication shall not be required within the Downtown area. For New <br />Community Plans meeting the Civic Space requirements will fulfill the Parkland <br />Dedication requirements. <br />1.5. WARRANTS AND VARIANCES <br />1.5.1. There shall be two types of deviation from the requirements of this Code: Warrants <br />and Variances. <br />1.5.2. A Warrant is a ruling that would permit a practice that is not consistent with a specific <br />provision of this Code but is justified by the provisions of Section 1.3 Intent. The <br />Planning and Zoning Commission (P &Z) shall have the authority to approve ordisap- <br />prove a requestfora Warrant pursuantto regulations established, Wth the errretr(Joru <br />of requests for au16(Jorurrll Ih6igha II hire (ropy Co ururriill shiallll Ihru d a p ut011lic Ihirrairling and <br />fJnarlllly r ecw� de arllll Warrarrl requ.ueslhl as a negotiated agreement Irur Ih6itllha beyorurl <br />tlhe Clive srtr;oi y irina Airinu.uirin ari eir irr,Aew and ar irr,c orinirineind riJir;on Ihar;31 been irina de by �Ihe <br />) . A Warrant subject to the review of the P &Z shall require a public hearing and <br />personal notice of the public hearing be sent to property owners within 200 feet of <br />the subject property. Personal notice shall be sent by regular mail before the tenth <br />day before the hearing date. <br />1.5.3. A Variance is any ruling on a deviation other than a Warrant. Variances shall be <br />granted only in accordance with the State of Texas Statutes, Chapter 211 of the <br />Local Government Code, as amended. <br />1.5.4. The request for a Warrant or Variance shall not subject the entire application to <br />public hearing, but only that portion necessary to rule on the specific issue requir- <br />ing the relief. <br />1.5.5. The following standards shall not be available for Warrants: <br />a. The maximum dimensions for traffic lanes. <br />b. The required provision of Rear Alleys. <br />c. The Base Residential Densities. <br />1.6. INCENTIVES <br />1.6.1. Applications that are not subject to mandatory provisions of the Code shall be <br />eligible to utilize the following incentives by right: <br />a. Applications under this code shall receive priority review status by the DRC, <br />Planning and Zoning Commission, Zoning Board of Adjustment and the City <br />Council ahead of applications that were eligible to use this code but elected <br />not to do so <br />b. Applications under this code shall be processed with priority over those under <br />the LDC, including those with prior filling dates. <br />c. The City shall waive the traffic impact analysis for all projects filled under this <br />code. <br />d. Reserved for additional Incentives. <br />SC04SMARTCOOE VERSION 10 <br />