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 2: - VARIANCE PETITIONS Section 1 „10...2...3 ,,. Pirocessiling of IPetliifiiion and IlD iii iiion (a) Responsible Official. The responsible official for a variance petition is the responsible official designated by this Land Development Code for processing of the development application identified in the variance petition. Upon receipt of a variance petition, the responsible official shall transmit the petition to the decision -maker for processing and determination in accordance with this Section. (b) Hearing and Notice. (1) Where the decision - makers for the variance petition and the development application are the same, notification of the requested variances shall be provided in conjunction with any required notification for the development application. A public hearing on the variances requested shall be required only if a public hearing is required on the development application and shall be conducted in conjunction with such hearing. (2) Where the decision - makers for the variance petition and the development application are different, personal notification of a public hearing before the Zoning Board of Adjustments, Planning and Zoning Commission or the City Council deciding the variance petition shall be provided. The public hearing shall be conducted in accordance with Article 3, Division 3 of this Chapter 1, and shall be held within 25 working days after the variance petition is filed with the responsible official. (c) Burden of Proof. The petitioner bears the burden of proof to demonstrate that a variance to the standards applicable to a development application should be granted. (d) Decision on Petition. The body deciding the variance petition shall grant, grant subject to conditions or deny the request for one or more variances. (1) Where the decision - makers for the variance petition and the development application are the same, the variance petition shall be decided within the period within which the development application must be decided. (2) Where the decision - makers for the variance petition and the development application are different, the variance petition shall be decided within 30 working days of the close of the public hearing. (e) Notification of Decision on Petition. The petitioner shall be notified of the decision on the variance petition in the manner provided in Section 1.3.2.1 of this Land Development Code. Section 1 „1 ...2„ 4 ,,. Cirliiteirliia for Approval (a) In deciding the variance petition, the decision -maker shall apply the following criteria: (1) There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land subject to the variance petition, such that the strict application of the provisions of this Land Development Code to the development application would create an unnecessary hardship or inequity upon or for the petitioner, as distinguished from a mere inconvenience, in developing the land or deprive the petitioner of the reasonable and beneficial use of the land; (2) The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of the petitioner's land; (3) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; (4) Granting the variance petition will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (5) Granting the variance petition will not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Code, or adversely affect the rights of owners or residents of surrounding property; San Marcos, Texas, Code of Ordinances Page 130