Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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GENERAL ree of Adjustments for processing and determination in Adjustments(ZBOA) consider establishing a compliance date accordance with this Section. for a nonconforming use. 2. The Responsible Official shall provide personal notification C. Public Hearing Process. Upon receiving a request under of the public hearing before the ZBOA in accordance with Section 1.5.2.1 from the City Council, staff shall schedule the Section 2.3.2.1. first public hearing before the ZBOA.The ZBOA may establish a compliance date only after holding two separate hearings. 3. The Responsible Official shall conduct a public hearing in accordance with Section 2.3.3.1. 1. First Public Hearing.The ZBOA shall hold a public hearing to determine whether continued operation of B. Zoning Board of Adjustments Action the nonconforming use will have an adverse effect on 1. The ZBOA shall grant,grant subject to conditions or deny nearby properties. If, based on the evidence presented at the request for a change in nonconforming status. the public hearing,the ZBOA determines that continued operation of the use will have an adverse effect on nearby C. Burden of Proof.The applicant bears the burden of proof to properties, it shall schedule a second public hearing demonstrate that an application for a change in nonconforming to establish a compliance date for the nonconforming status should be granted. use; otherwise, it shall not. In determining whether the continued operation will have an adverse effect on nearby D. Criteria for approval.In deciding the application,the ZBOA properties,the ZBOA shall consider the following factors: shall consider the following criteria. a. The Comprehensive Plan. 1. The proposed change in nonconforming status results in greater conformance with the Comprehensive Plan. b. The character of the surrounding neighborhood. 2. The proposed change in nonconforming status results in c. The degree of incompatibility of the use with the greater conformance with this Development Code such zoning district in which it is located. that the nonconforming use or structure can eventually come into full compliance with this Development Code. d. The manner in which the use is being conducted. 3. The degree of the proposed request is the minimum e. The hours of operation of the use. amount necessary. f. The extent to which continued operation of the use 4. Granting the application shall not result in greater harm may threaten public health or safety. to adjacent and neighboring land uses than the original g. The environmental impacts of the use's operation, nonconformity. including but not limited to the impacts of noise, glare,dust, and odor. DIVISION 2: TERMINATION OF NONCONFORMING RIGHTS h. The extent to which public disturbances and Section 1.5.2.1 Amortization of Nonconforming Uses nuisances may be created or perpetuated by continued operation of the use. A. Purpose.The purpose of amortizing a nonconforming use is to terminate the rights of a non-conforming use or structure after i. The extent to which traffic or parking problems may the owner's actual investment in the use or structure has been be created or perpetuated by continued operation of realized. the use. B. Initiation of Compliance Case.Only the City Council, j. Any other factors relevant to the issue of whether by majority vote, may request that the Zoning Board of continued operation of the use will adversely affect nearby properties. Adopted April 17,2018 San Marcos Development Code 1=9