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Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan
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Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan
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9/12/2013 1:57:08 PM
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8/28/2013 8:34:26 AM
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Amending
Number
2013-35
Date
8/6/2013
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Subpart B - LAND DEVELOPMENT CODE <br />Chapter 1 - DEVELOPMENT PROCEDURES <br />ARTICLE 6: - PLATTING PROCEDURES <br />DIVISION 8: - REVISIONS TO RECORDED PLATS <br />DI FISHIN 8. - Rl'' VtSRK T() i Rl i i iRI I) t i P1,A "t"';' <br />Section 1...6„ „ 1 ,,. General R uw iii it irmm ii t for Plat IY iii iii n <br />(a) Applicability and Terminology. The procedures in this Division 8 shall apply only if a property owner seeks to change <br />any portion of a plat that has been filed of record with the county or a recorded covenant or restriction applicable to <br />such plat. The term "replat" includes changes to a recorded plat, restriction or covenant, whether the change is <br />effected by vacating the recorded plat and approval of a new plat application, replatting without vacation, or <br />approving an amended plat. <br />(b) City Action Required for Replats. Except as expressly stated otherwise in this Division 8, any change to a recorded <br />plat or a recorded covenant or restriction applicable to such plat shall be subject to approval by the Planning and <br />Zoning Commission under requirements and procedures for approval of a Final Subdivision Plat application under <br />Division 5 of this Article 6. <br />(c) Responsible Official. The II 2kas7s7or7g .. -II )Director shall be the responsible official for a replat. <br />(d) Construction Management. If a replat requires construction of additional improvements, the provisions of Division 6 of <br />this Article 6 shall apply. <br />(e) Recording. The replat shall be filed for recording in accordance with Division 5 of this Article 6. <br />Section 1...6 „6...2 ,,. Relp1lats Without Vacation <br />(a) Applicability. A replat of all or a portion of a recorded plat may be approved without vacation of the recorded plat if: <br />(1) The replat is signed and acknowledged by only the owners of the property being replatted; and <br />(2) The replat does not propose to amend or remove any covenants or restrictions previously incorporated in the <br />recorded plat. <br />(b) Notice and Hearing. Published notice of the public hearing on the replat application shall be given in accordance with <br />Article 3, Division 2 of this Chapter 1. The hearing shall be conducted by the Planning and Zoning Commission in <br />accordance with Article 3, Division 3 of this Chapter 1. <br />(c) Partial Replat Application. Any replat which adds or deletes lots must include the original subdivision and lot <br />boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the <br />previous subdivision name and recording information, and must state on the replat the specific lots which have <br />changed along with a detailed 'Purpose for Replat” statement. <br />(d) Criteria for Approval. The replat of the subdivision shall meet all approval criteria for a Final Subdivision Plat. <br />(e) Effect. Upon approval of the application, the replat may be recorded and is controlling over the previously recorded <br />plat for the portion replatted. <br />Section 1...6„ 6„ 3 ,,. Special IR 1plllat Requirements <br />(a) Applicability. In addition to compliance with the requirements of Section 1.6.8.2 above, a replat without vacation of <br />the preceding plat must conform to the requirements of this Section if: <br />(1) During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning <br />classification to residential use for not more than two residential units per lot; or <br />(2) Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential <br />units per lot. <br />San Marcos, Texas, Code of Ordinances Page 99 <br />
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