Ord 2020-059/amending various sections of the City’s Development Code to, among other things, address recommendations from the Alcohol Conditional Use Permit Committee, the Housing Task Force, the Historic Preservation Commission, and recommendations from

Home Browse Search

submitting a written protest. A signature may not be 3. Approval of a request for alternative compliance; otherwise withdrawn; and 4. Authorization of a use not authorized in the district in d. An application may not be modified to change the which the applicant's property is located, except to the boundaries of the subject property after a written extent necessary to decide a variance or an application for protest application requiring a super-majority vote of a change in status of a nonconformity. the city council has been submitted. Section 2.2.5.4Appeals B. Effect on Planning and Zoning Commission Decisions.The authority of the city council to hear appeals and applications A. Procedure for Appeal. Upon receiving a notice of appeal of a for relief in specific instances described in this Section 2.2.4.1 matterforwhich appeal to the ZBOA is authorized under this shall not be construed to divest the planning and zoning development code,the responsible official shall immediately commission of its final approval authority over subdivision transmit to the ZBOA all papers constituting the record of the plats and development plats. 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 DIVISION 5 10NING BOARD OF ADJUSTMENTS(ZBOA) facts supporting the official's opinion that a stay would cause Section 2.2.5.1Structure of Board imminent peril to life or property. In that case,the proceedings 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 2.2.5.2Review 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 Section 2.2.5.3Rules Governing Proceedings department of Planning and Development Services and shall 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, requirement, decision or determination of any administrative Section 2.2.5.5Public Hearing 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. C. Limitation on Authority.The authority delegated to the ZBOA under this development code shall not be construed to affect any of the following: 1. Any legislative decision; 2. Approval of a conditional use permit; Amended: September 1, 2020 San Marcos Development Code 2=9