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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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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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5/29/2018 2:37:12 PM
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2018-02
Date
4/17/2018
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C7 <br /> - <br /> DEVELOPMENT PROCEDURE <br /> ni <br /> application which complies with the standard as adjusted, Section 2.8.5.4 Criteria for Approval <br /> and authorizes the decision-maker to evaluate the related <br /> development application using the adjusted standard,for the A. Criteria. In deciding the administrative adjustment application, <br /> duration of the administrative adjustment. the decision-maker shall apply the following criteria: <br /> Section 2.8.5.2 Application Requirements 1. The requested administrative adjustment is justified by the <br /> purposes and intent of this Development Code; <br /> A. Who May File Application.An administrative adjustment <br /> application may be filed by a property owner or the applicant 2. The requested administrative adjustment is consistent with <br /> for the applicable administrative development application to the policies embodied in the adopted Comprehensive Plan; <br /> which the administrative adjustment application relates. 3. The requested administrative adjustment is consistent with <br /> B. Form of Application.An administrative adjustment application the general purpose, intent and character of the applicable <br /> shall be prepared in accordance with the universal application development regulations and district; <br /> standards in Section 2.3.1.1. 4. When taken with the requested administrative <br /> C. Time for Filing Application.An administrative adjustment adjustment,the related development application meets <br /> application must be filed with the development application for all other applicable standards and requirements of this <br /> which an applicable standard is requested to be modified. Development Code;and <br /> Section 2.8.5.3 Approval Process 5. The degree of adjustment requested is the minimum <br /> amount necessary to meet the needs of applicant and to <br /> A. Responsible Official Action. Upon receipt of an administrative satisfy the standards in this Section. <br /> adjustment application,the Responsible Official shall transmit <br /> the application to the decision-maker for processing and Section 2.8.5.5 Expiration and Extension <br /> determination in accordance with this Section. An administrative adjustment shall expire simultaneously with the <br /> B. Burden of Proof.The applicant bears the burden of proof to expiration of the development application to which the administrative <br /> demonstrate that an administrative adjustment of the standards adjustment relates and shall be automatically extended or <br /> applicable to a development application should be granted. vacated, as applicable, upon extension or vacation of such related <br /> development application. <br /> C. Decision on Application.The Responsible Official shall grant, <br /> grant subject to conditions, or deny the request for one or more Denial of the development application to which an application for <br /> administrative adjustments. The decision on the administrative administrative adjustment relates shall constitute denial of the <br /> adjustment shall be made at the same time as the decision is requested administrative adjustment. <br /> made on the related development application. Section 2.8.5.6 Appeal <br /> D. Denial of an Administrative Adjustment.The denial of an Any applicant that is denied a request for an administrative <br /> administrative adjustment authorizes the applicant to file the adjustment may appeal the denial to the Planning and Zoning <br /> request for approval with the Planning and Zoning Commission Commission under Section 2.8.1.1. <br /> under the alternative compliance Section 2.8.4.3. <br /> E. Notification of Decision on Application.The applicant shall <br /> be notified of the decision on the administrative adjustment <br /> application along with the decision on the related development <br /> application in the manner provided in Section 2.3.4.1 of this <br /> Development Code. <br /> 2:52 San Marcos Development Code Adopted April 17,2018 <br />
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