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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DEVELOPMENT PROCEDURES m renewal shall be conducted by the commission who shall c. Creates an undue hardship on the surrounding have authority to grant or deny the renewal. properties; D. Procedure. d. Does not serve its intended purpose; 1. For each neighboring church or school that is within the e. Is not effective or necessary: or distances of the proposed restaurant, as described in and measured in accordance with Section 5.1.5.5,the f. Any other reason the Planning and Zoning proposed restaurant shall present a letter describing the Commission finds after consideration of the health, operation characteristics of the restaurant and shall obtain safety, and welfare of the public and the equities of a statement signed by the governing officer of the board the situation. of any such church or school stating that the church or school does not oppose the granting of the distance DIVISION 4: ALTERNATIVE COMPLIANCE variance based on the operation characteristics stated in the letter. Section 2.8.4.1 Purpose, Applicability, Exceptions and Effect 2. The business must agree,in writing,to restrict its operation characteristics as set forth in the request to A. Purpose.The purpose of a request for alternative compliance the church or school, as may have been set forth in is to allow the modification of certain development standards the request to the church or school.These operating where the modification is compatible and consistent with the characteristics shall be included in the conditional use character and intent of the applicable district and where the permit. modification shall not substantially and adversely affect the adjacent property or the use thereof. 3. The business shall agree to file an annual report,due forty-five(45)days before the hearing on the annual 1• Alternative compliance requires individual review in conditional use permit renewal, setting forth the gross order to ensure the appropriateness of the standard,as sales of the business and the gross sales derived from the modified,within a given district. sale of alcoholic beverages. B. Applicability.Alternative compliance may be requested and E. Hearing. granted only for those standards with respect to which this Development Code specifically provides may be the subject of 1. The Planning and Zoning Commission shall hold a hearing alternative compliance. to consider the applicant's request for variance. C. Effect.Approval of alternative compliance and all other 2. All property owners within two hundred(200)feet shall be required development permits authorizes the development of notified and, in addition, all public and private schools and the property in accordance with standards, as modified by the churches within three hundred (300)feet shall be notified. alternative compliance,and other development permits. 3. At the conclusion of the hearing on the initial application 1. Approval of an alternative compliance request shall be for a variance,the Planning and Zoning Commission shall deemed to authorize the requested modified standard rule on the request for a variance. If the Planning and only with respect to the particular standard, situation Zoning Commission denies the applicant's request for a and circumstance for which it is granted and shall apply variance they shall include findings of fact to show that the only to the property for which it is granted (i.e., it is not location or the restaurant: personal to the applicant). a. Is not in the best interest of the public; 2. No alternative compliance may be enlarged,extended, increased in intensity or relocated unless a new alternative b. Would constitute waste or inefficient use of land or compliance is granted in accordance with this Section. other resources; Adopted April 17,2018 San Marcos Development Code 2:49