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ARTICLE 1. GENERAL TO ALL PLANS <br />San Marcos, Texas <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 />SC04 SNARTCOOE VERSION 10 <br />and/or mitigate the violation, or to secure a Variance to address the violation. <br />1.4.8. <br />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. <br />WARRANTS AND VARIANCES <br />1.5.1. <br />There shall be two types of deviation from the requirements of this Code: Warrants <br />and Variances. <br />1.5.2. <br />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 or disap- <br />prove a request for a Warrant pursuant to regulations established, with the exception <br />��. <br />of requests for additional height. The City Council shall hold a public hearing <br />9 and <br />..... �..... ���'' .::................_...................... ..�.�.�.�.�.�.�.�.�..�......�. <br />„ <br />final) decide all Warrant requests as a negotiated agreement for <br />Y q 9 9 <br />t� after review and a recommendation has been made by the <br />P &Z. 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. <br />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. <br />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. <br />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. <br />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 />SC04 SNARTCOOE VERSION 10 <br />