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 (6) Granting the variance petition is consistent with any special criteria applicable to varying particular standards, as set forth in Chapters 4 through 7 of this Land Development Code; (7) The hardship or inequity suffered by petitioner is not caused wholly or in substantial part by the petitioner; (8) The request for a variance is not based exclusively on the petitioner's desire for increased financial gain from the property, or to reduce an existing financial hardship; and (9) The degree of variance requested is the minimum amount necessary to meet the needs of petitioner and to satisfy the standards in this Section. Section 1 „1 ,,. Ilf;;° Ipiiiir tiiioin and Ilf;;° t iir sIoin (a) Expiration on Failure to File Application. Where the decision - makers for the variance petition and the development application are different, a variance to a standard applicable to the development application shall expire within 90 days of the date the variance petition is granted, unless the property owner or applicant files the development application with the City in accordance with this Land Development Code within such period. The decision -maker may extend the time for filing the development application for good cause shown, but in any event, the expiration date for the variance shall not be extended beyond one year from the date the variance petition was granted. (b) Effect of Permit Expiration or Extension. Variances granted in conjunction with a development application remain in effect for the period the development permit is in effect, and expire upon expiration of the development permit. Extension of the development permit also shall result in extension of the variance. (c) Effect of Application Denial. Denial of the development application in conjunction with which a variance petition was granted or processed shall result in expiration of the variance. San Marcos, Texas, Code of Ordinances Page 131