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 4: - VESTED RIGHTS PETITION DI 't'SR11V 4 VESTED t R11 t S .P P 71 "t "t't;t1 Section 1 10 4 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of a vested rights petition is to determine whether one or more standards of this Land Development Code should not be applied to a development application by operation of state law. (b) Applicability. A vested rights petition may be filed with any quasi - judicial or administrative development application authorized under this Land Development Code. A vested rights petition may not be filed with a petition for a legislative decision. (c) Effect. Upon granting of a vested rights petition in whole or in part, the responsible official shall process the development application and the decision -maker shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards. Section 1 10 4 ...2 ,,. Illy fiiifiiioin Requirements (a) Who May Petition. A vested rights petition may be filed by a property owner or the owner's authorized agents, including the applicant, for a quasi - judicial or administrative development application in conjunction with the filing of the application. (b) Form of Petition. The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the development application under Tex. Loc. Gov't Code ch. 245 or successor statute, that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents: (1) A narrative description of the grounds for the petition; (2) A copy of each approved or pending development application which is the basis for the contention that the City may not apply current standards to the development application which is the subject of the petition; (3) Identification of all standards otherwise applicable to the development application from which relief is sought; (4) Identification of any current standards which petitioner agrees can be applied to the development application at issue; (5) A narrative description of how the application of current standards affect proposed lot size, lot dimensions, lot coverage or building size shown on the development application for which the petition is filed; and (6) A copy of any prior vested rights determination involving the same land. (c) Time for Filing Petition. A vested rights petition shall be filed with a development application for which a vested right is claimed. Where more than one application is authorized to be filed by this Land Development Code, the petition may be filed simultaneously for each application. Section 1 10 4 ...3 ,,. Pirocessiling of Petlitlions and IlD iii iiion (a) Responsible Official. The responsible official for a vested rights petition is the responsible official for processing the development application with which the petition is associated. Where multiple applications are submitted, and there is more than one responsible official, the decision of each responsible official shall be coordinated with that of any other responsible official on the vested rights petition. The responsible official shall promptly forward a copy of the vested rights petition to the City Attorney following acceptance. (b) Initial Decision. If the responsible official is the decision -maker on the application, the official shall determine whether the relief requested in the vested rights petition should be granted in whole or in part, and shall formulate a written San Marcos, Texas, Code of Ordinances Page 135