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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C3 DEVELOPMENT PROCEDURES m DIVISION 5: ZONING BOARD OF ADJUSTMENTS(1BOA) facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case,the proceedings Section 2.2.5.1 Structure of Board may be stayed only by a restraining order granted by the ZBOA The members of the zoning board of adjustments are appointed or a court of record on application, after notice to the official, if by the council in accordance with the city's code of general due cause is shown. ordinances. B. Appeals of Board Decisions.Appeals of any decision of the Section 2.2.5.2 Review Authority ZBOA may be taken to a state district court, county court, or county court-at-law by filing a verified petition stating that the The Zoning Board of Adjustments shall act as a final decision maker decision of the ZBOA is illegal in whole or in part and specifying or authority in deciding appellate or relief requests in accordance the grounds of the illegality.The petition must be filed within ten with Table 2.1 of this development code. days after the date the decision being appealed is filed with the department of Planning and Development Services and shall Section 2.2.5.3 Rules Governing Proceedings proceed in accordance with the rules and procedures of the A. Vote required for decisions.The concurring vote of four court to which the appeal is taken. members of the ZBOA is necessary to reverse an order, Section 2.2.5.5 Public Hearing requirement,decision or determination of any administrative official, or to decide in favor of the applicant on a matter upon Personal notice of hearing before the ZBOA is required on all appli- which the ZBOA is required to pass under this development cations, appeals and relief applications in accordance with Table code,or to authorize a variance from the terms of a provision 2.1. of this development code. B. Quorum.A quorum shall consist of four members of the ZBOA. DIVISION 6 HISTORIC PRESERVATION COMMISSION C. Limitation on Authority.The authority delegated to the ZBOA Section 2.2.6.1 Structure of Commission under this development code shall not be construed to affect The members of the historic preservation commission are appointed any of the following: by the council in accordance with the city's code of general 1. Any legislative decision; ordinances. 2. Approval of a conditional use permit; Section 2.2.6.2 Review Authority 3. Approval of a request for alternative compliance; A. The historic preservation commission shall act as an advisory body to the city council and as a final or initial decision maker 4. Authorization of a use not authorized in the district in in deciding certificates of appropriateness. which the applicant's property is located, except to the extent necessary to decide a variance or an application for B. Initiation of Application.The historic preservation commission a change in status of a nonconformity. may initiate an application for the establishment or expansion of historic districts and historic landmarks. Section 2.2.5.4 Appeals C. The historic preservation commission shall review, prepare A. Procedure for Appeal.Upon receiving a notice of appeal of a reports upon and make recommendations concerning matter for which appeal to the ZBOA is authorized under this approval,conditional approval or denial of an application for development code,the responsible official shall immediately the establishment or expansion of historic districts and historic transmit to the ZBOA all papers constituting the record of the landmarks. action that is appealed.An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the ZBOA Adopted April 17,2018 San Marcos Development Code 2:9