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 8: - SITE PREPARATION PERMITS DIVISION 1: -APPROVAL AND APPLICATION PROCESS; APPEALS (d) Revised Permit Application. If the conditions of approval require revision to the Site Preparation Plan, a properly revised Site Preparation Plan shall be submitted to the Director within 20 working days of receipt of the notice of decision. The Director shall have an additional 20 working days to approve or deny the revised application. Section 1„ „1„ 5 ,,. Cirliiteirliia for Alplpirov alll (a) The following criteria shall be used to determine whether the application for a Site Preparation Permit shall be approved, approved with conditions, or denied: (1) The development applications listed in Section 1.8.1.2 for the property subject to the Site Preparation Permit have previously been approved and remain in effect; (2) The Site Preparation Permit is consistent with the approved petitions or applications; (3) Where not excepted or satisfied through approval of priority development applications, the following standards in Chapter 4, Zoning Regulations, have been satisfied: a. Zoning district regulations in which the property is located; b. Special dimensional and design standards applicable within an overlay district to which the use is subject; c. Conditional Use Permit (CUP) requirements or Planned Development (PD) requirements, when applicable; d. Development Transfer (DT) requirements, when applicable; and Any standards imposed as conditions for approval of a variance or special exception. (4) Where not excepted or satisfied through approval of priority development applications, the standards in Chapter 5, Chapter 6, and Chapter 7 have been satisfied. Section 1„ „1„ ,,. Appealls and Relief (Piro uwir (a) Appeal. The applicant for a Site Preparation Permit or any interested person may appeal the decision of the Engineering Director to the Planning and Zoning Commission in accordance with Article 10, Division 1 of this Chapter 1. The Commission may sustain, modify or reverse the Director's decision. (b) Variance Petition. A petition seeking to vary standards applicable to the Site Preparation Permit shall be filed, processed and decided by the Planning and Zoning Commission in accordance with Article 10, Division 2 of this Chapter 1 prior to the decision on the Site Preparation Permit. (c) Vested Rights Petition. Where an applicant claims exemption from one or more requirements applicable to a Site Preparation Permit under this Land Development Code on grounds of vested rights, the applicant may submit a vested rights petition to the responsible official prepared in accordance with Article 10, Division 4 of this Chapter 1. The petition shall be decided and appealed in accordance with Article 10, Division 4 of this Chapter 1. Section 1„ „1 „7 ,,. Ilf;;° Ipiiiir tiiioin and Ilf;;° f inS110in (a) Time of Expiration. A Site Preparation Permit expires if no progress has been made towards completion of the development authorized by the permit (as defined in Section 245.005(c) of the Texas Local Government Code, as amended) within two years after final approval of the permit. If progress is made towards completion of the development authorized by the permit (as defined in Section 245.005(c) of the Texas Local Government Code, as amended) during the two -year period, but after the progress is made, no further progress is made towards completion of the development authorized by the permit (as defined in Section 245.005(c) of the Texas Local Government Code, as amended) for a period of two years, the permit shall expire, unless extended in accordance San Marcos, Texas, Code of Ordinances Page 112