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DEVELOPMENT PROCEDURES <br /> :.o <br /> rights of owners or residents of adjacent property or DIVISION 5: ADMINISTRATIVE ADJUSTMENTS <br /> neighborhoods; <br /> The applicable decision-maker for an administrative application is <br /> 7. The request shall not result in any incompatibility of the hereby authorized to approve administrative adjustments for certain <br /> development to which it relates with,or the character and standards in this Development Code. <br /> integrity of,adjacent property or neighborhoods; and <br /> Section 2.8.5.1 Purpose, Applicability and Effect <br /> 8. The request meets the standards for the applicable <br /> zoning district, or to the extent deviations from such A. Purpose.The purpose of an administrative adjustment <br /> standards have been requested,that such deviations application is to vary one or more dimensional standards or <br /> are necessary to render the subject development or requirements applicable to a development application,subject <br /> Improvement compatible with adjacent development or the to the limitations set forth in this Section or elsewhere in this <br /> neighborhood. Development Code. <br /> Section 2.8.4.5 Expiration and Revocation 1. An administrative adjustment application shall not be used <br /> as a means of amending the text of this Development <br /> A. Time of Expiration.An approved alternative compliance shall Code or of changing a district or legislative classification <br /> expire if: of the property for which the administrative adjustment is <br /> 1. A building permit, if any, utilizing the alternative sought. <br /> compliance has not been applied for of approved within 2. An administrative adjustment application shall not be used <br /> one year of the date of approval of the alternative as a means to contest the applicability of a standard or <br /> compliance; requirement to a development application, an exemption <br /> 2. The building permit or application subsequently expires; determination, or a decision on a development application. <br /> 3. The subject development, improvement or construction or B. Applicability.An administrative adjustment application may be <br /> use thereof has been discontinued for a period exceeding filed under the following circumstances: <br /> six months; or 1. Standards with respect to which this Development <br /> 4. A termination date attached to the alternative compliance Code specifically provides may be the subject of an <br /> has passed. administrative adjustment; or <br /> B. Revocation.Alternative compliance may be revoked by 2. Modification of up to 10%of any dimensional standard or <br /> the decision maker for failure to comply with any standard, requirement of this Development Code. <br /> requirement or condition thereof in accordance with the C. An administrative adjustment may not be requested or granted <br /> procedures in Section 2.3.7.5. for any of the following standards or requirements: <br /> Section 2.8.4.6 Appeals 1. Use <br /> The applicant or other person within the personal notification area 2. Signs <br /> may appeal the decision of the Planning and Zoning Commission to <br /> grant or deny an alternative compliance request to the City Council 3. Parking <br /> in accordance with Section 2.8.1.1.The Council shall apply the <br /> criteria Section 2.8.4.4 in deciding whether the Planning and Zoning 4. Density <br /> Commission's action should be upheld, modified or reversed.A 5. Stormwater <br /> three-fourths vote of all of the members of the City Council shall <br /> be necessary to reverse a decision of the Planning and Zoning D. Effect.The granting of an administrative adjustment in whole <br /> Commission to deny a request for alternative compliance. or in part authorizes the applicant to submit a development <br /> Adopted April 17,2018 San Marcos Development Code 2:51 <br />