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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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 6: - PLATTING PROCEDURES DIVISION 8: - REVISIONS TO RECORDED PLATS (b) Exception. The requirements of this Section shall not apply to any approval of a replat application for a portion of a recorded plat if all of the proposed area sought to be replatted was designated or reserved for usage other than for single- or duplex - family residential usage. Such designation must be noted on the recorded plat or in the legally recorded restriction applicable to such plat. (c) Notice and Hearing. Published and personal notice of the public hearing on the replat application shall be given in accordance with Article 3, Division 2 of this Chapter 1. Personal notice shall be accompanied by a copy of the language of subsection (d). The hearing shall be conducted by the Planning and Zoning Commission in accordance with Article 3, Division 3 of this Chapter 1. (d) Protest. If the replat application is accompanied by a variance petition and is protested in accordance with this subsection, approval of the replat shall require the affirmative vote of at least three - fourths of the members of the Planning and Zoning Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the replat application and extending 200 feet from that area, but within the original subdivision, must be filed with the Commission prior to the close of the public hearing. In computing the percentage of land area under this Section, the area of streets and alleys shall be included. Section 1...6„ 8 4 ,,. Arneindiling IPlllat (a) Purpose. The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat consistent with provisions of state law. (b) Applicability. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to: (1) Correct an error in a course or distance shown on the preceding plat; (2) Add a course or distance that was omitted on the preceding plat; (3) Correct an error in a real property description shown on the preceding plat; (4) Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; (6) Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) Correct an error in courses and distances of lot lines between two adjacent lots; (8) Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; (9) Relocate one or more lot lines between one or more adjacent lots; (10) Make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat; (11) Replat one or more lots fronting on an existing street; or (12) Allow for modification, abandonment or addition of an easement with the written consent of entities to which the easement is dedicated. (c) Effect. Upon approval by the P" ar;P,4;9 rector, an amending plat may be recorded and is controlling over the recorded plat without vacation of that plat. San Marcos, Texas, Code of Ordinances Page 100