Ord 2011-019 - Laserfiche WebLink

Home Browse Search

ARTICLE 1. GENERAL TO ALL PLANS San Marcos, Texas City Council. The petition must be filed within ten days after the date the decision is filed with the Development Services Department. 1.4.7. Should a violation of an approved Regulating Plan occur during construction, or should any construction, site work, or development be commenced without an ap- proved Regulating Plan or Building Scale Plan, the Director of Development Services has the right to require the owner to stop, remove, and /or mitigate the violation, or to secure a Variance to address the violation. 1.5. WARRANTS AND VARIANCES 1.5.1. There shall be two types of deviation from the requirements of this Code: Warrants and Variances. 1.5.2. A Warrant is a ruling that would permit a practice that is not consistent with a spe- cific provision of this Code but is justified by the provisions of Section 1.3 Intent. The Planning and Zoning Commission (P &Z) shall have the authority to approve or disapprove a request for a Warrant pursuant to regulations established. A war- rant subject to the review of the P &Z shall require a public hearing and personal notice of the public hearing be sent to property owners within 200 feet of the subject property. Personal notice shall be sent by regular mail before the tenth day before the hearing date. 1.5.3. A Variance is any ruling on a deviation other than a Warrant. Variances shall be granted only in accordance with the State of Texas Statutes, Chapter 211 of the Local Government Code, as amended. 1.5.4. The request for a Warrant or Variance shall not subject the entire application to public hearing, but only that portion necessary to rule on the specific issue requir- ing the relief. 1.5.5. The following standards shall not be available for Warrants: a. The maximum dimensions for traffic lanes. b. The required provision of Rear Alleys. c. The Base Residential Densities. 1.6. INCENTIVES 1.6.1. Applications that are not subject to mandatory provisions of the Code shall be eligible to utilize the following incentives by right: a. Applications under this code shall receive priority review status by the DRC, Planning and Zoning Commission, Zoning Board of Adjustment and the City Council ahead of applications that were eligible to use this code but elected not to do so b. Applications under this code shall be processed with priority over those under the LDC, including those with prior filling dates. c. The City shall waive the traffic impact analysis for all projects filled under this code. d. Reserved for additional Incentives. SC04SMARTCOOE VERSION 10