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

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x a r+m DIVISION 3: PUBLIC HEARINGS DIVISION 4: POST-DECISION PROCEDURES Section 2.3.3.1 Public Hearings Section 2.3.4.1 Post-Decision Procedures A. Setting of the Hearing.When the responsible official A. Re-Application Following Denial.Whenever any development determines that a development application is complete and application, with the exception of any plat application, is that a public hearing is required by this Development Code,the denied at a public hearing for failure to meet the substantive official shall consult with the secretary of the body required to requirements of this Development Code, a development conduct the hearing and shall select a place and a time certain application for all or a part of the same property shall not be for the hearing, and shall cause notice of such hearing to be accepted for filing for a period of six months from the date of prepared and made under Section 2.3.2.1. The time set for denial unless the subsequent application involves a proposal the hearing shall conform to the time periods required by this that is materially different from the previously denied proposal. Development Code. City staff may accept an application for processing, but the application is not deemed accepted for filing until considered B. Conduct of Hearing.The public hearing shall be conducted in by the decision-maker under Section 2.3.4.1 A(1). accordance with the rules and procedures adopted by the body conducting the hearing. During the hearing the following may 1. The decision-maker on the first application shall resolve occur: presentation &recommendation from staff, presentation any questions concerning the similarity of the second by the applicant, public testimony. Any person may appear at application. the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears 2. Non-compliance with this Section 2.3.4.1(a) shall be at a public hearing shall state his or her name, and if appearing grounds for denial of the application. on behalf of an organization, state the name of the organization 3. The decision-maker may, at its option, waive the six- for the record. month waiting period if, after due consideration of the C. Record of Proceedings.The body conducting the hearing shall matter at a scheduled and posted meeting, it is determined record the proceedings by any appropriate means. that denial of the request was based upon erroneous or omitted information, or if substantial new information D. Continuance of Proceedings.The body conducting the hearing pertaining to the request is discovered. may, on its own motion or at the request of any person,for good cause, continue the hearing to a fixed date,time and B. Amendments and Revisions. Unless another method is place. No notice shall be required if a hearing is continued. If expressly provided by this Development Code, any request to a public hearing is closed, no further public testimony shall be amend or revise an approved development application shall be considered a new application, which must be decided taken. in accordance with the procedures governing the original E. Additional Rules.The body conducting the hearing may adopt application and the standards in effect at the time such new rules of procedure to limit the number of applications for application is filed with the City. development approval which may be considered per meeting and the time for each presentation, and may apply such DIVISION 5: EXPIRATION AND EXTENSION additional rules to govern the public hearing which are not inconsistent with this Section. Section 2.3.5.1 Expiration and Extension of Approvals A. Time of Expiration.An application, or permit approved under this code may lapse if certain actions related to the approved application are not taken within a specified time period as set forth in this Development Code or the conditions of the specific approval. Section 2.3.5.3 provides a summary of the expiration 2:14 San Marcos Development Code Amended: September 1, 2020