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 10: - RELIEF PROCEDURES DIVISION 1: - APPEALS Illlt t "IllfC llllnllll" :Ills 0 tlllh: "Illlnllllllll "1111 ^' IIII IIIIt 1,1111 "IIIf:fLilllltllll: "'S DI N'I IStt()I :t`. - A PPEA t:, „' Section 1 „1 „1 „1 ... Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of an appeal is to contest an initial decision on a development application based upon alleged misapplication of the criteria for approval of the application. An appeal shall not be used as a means of amending, varying or otherwise modifying the standards of this Land Development Code that apply to the development application. (b) Applicability. Any final administrative decision on a development application authorized by this Land Development Code, including a determination by the responsible official that a proposed development is exempt from one or more development applications, may be appealed to the board or commission designated in the regulations establishing the procedure by which the decision was made. A final quasi - judicial decision on a development application may be appealed to the City Council only if expressly provided for in the regulations establishing the procedure by which the decision was made. No appeal shall be taken from a legislative decision authorized under this Land Development Code. (c) Effect. The granting of an appeal supercedes the decision from which appeal was taken, and results in approval, conditional approval or denial of the development application for which approval was sought. Section 1 „ 10 1...2 ,,. Appeal Requirements (a) Who May Appeal. The applicant and any interested person may appeal a final decision on a development application to the appellate body designated by this Land Development Code, if any. (b) Form of Appeal. The appeal shall contain a written statement of the reasons why the final decision is erroneous, and shall be accompanied by the fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the development application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. (c) Time for Filing Appeal. A written appeal must be filed with the responsible official within ten working days from the date of notification of the final decision on the development application. Section 1 „1 „1...3 ,,. Pirocessiling of Appeal and IlD iiisliion (a) Responsible Official. The responsible official on appeal is the responsible official designated by this Land Development Code for processing of the development application at issue in the appeal. Upon receipt of a written appeal, the responsible official shall compile all documents constituting the record of the decision on appeal and transmit the record to the appellate body. (b) Stay of Proceedings. Receipt of a written appeal of a decision on a development application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subordinate development applications, and any development activities authorized by initial approval of the development application. (1) The stay shall be lifted only if the responsible official certifies in writing to the appellate body that a stay would cause imminent peril to life or property. (2) Thereafter, the stay may be reinstated only by order of the appellate body or a court of record, on application, after notice to the responsible official, for due cause shown. San Marcos, Texas, Code of Ordinances Page 127