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 (3) Effect. Upon approval by the Director of Development Services, an agreement for simple amendment to plat may be recorded and is controlling over the recorded plat until such time as the structure or building requiring the simple amendment to plat is destroyed or demolished. (4) Contents. An application for approval of an agreement for simple amendment to plat shall be prepared in accordance with Chapter 1 of the Technical Manual. (5) Decision. The Director of Development Services shall either approve, approve with conditions, or deny the application for an agreement for simple amendment to plat. (6) Criteria for Approval. The Director of Development Services shall decide whether to approve, conditionally approve, or deny the simple amendment to plat application based on the following criteria: The combined area and dimensions of the two contiguous lots shall meet all dimensional standards for a single lot under the City's Land Development Code. Both lots must be under the same ownership. c. Both lots must be legally platted whole lots within an existing subdivision. d. An agreement for simple amendment to plat shall not attempt to remove or modify recorded covenants or restrictions or easements. An agreement for simple amendment to plat shall not require the dedication of any additional right -of -way or easements. (7) Expiration. An agreement for simple amendment to plat shall expire automatically if: Development of the lot does not occur within two years of the recordation of an agreement for simple amendment to plat. The structure developed under this agreement is either demolished or destroyed. (8) Recording. Upon expiration of the simple amendment to plat agreement an instrument evidencing such expiration and rescinding the agreement shall be filed at the county of record. However, failure to file such instrument does not extend the term of the agreement and the City may take any action available at law or in equity to enforce its ordinances or applicable laws, rules or standards that would apply to the lots in the absence of any agreement under this section. (( )i-d ",lo 200(3 4 "5 § 14, 9 19 0(33 );::)rah I ",lo. 2011 ...27 § 3, Cr 21 11) (a) Applicability. A plat vacation application must be approved by the Planning and Zoning Commission prior to vacation of any recorded plat or portion thereof. A plat may be vacated only in conjunction with approval of a new plat application. (b) Application. If no lot subject to the recorded subdivision plat has been sold, the property owner may apply for a plat vacation. If any lot in a subdivision has been sold, the recorded subdivision plat or any portion thereof may be vacated only upon application of all lot owners in the subdivision. A plat vacation application shall be accompanied by an application for a Subdivision Concept Plat, Preliminary Subdivision Plat, or Final Subdivision Plat for the land subject to the recorded plat or portion thereof to be vacated, prepared in accordance with this Article 6. A plat vacation application also shall be accompanied by an unconditional waiver of the time for decision on a plat for the plat vacation application, pending approval of a new Final Subdivision Plat application for the same land. (c) Processing and Decision. The plat vacation application shall be decided by the Planning and Zoning Commission in conjunction with its decision on a new plat application for the same land. The application for plat vacation shall be processed together with the new plat application in accordance with the procedures applicable to the new plat application under this Article 6. If the new plat application is for a Subdivision Concept Plat or Preliminary Subdivision San Marcos, Texas, Code of Ordinances Page 102