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 Section 1 „10.4.4 ,,. Cirliiteirliia for Approval (a) Factors. The responsible official or the City Council, as the case maybe, shall decide the vested rights petition based upon the following factors: (1) The nature and extent of prior development applications filed or approved for the land subject to the petition; (2) Whether any prior vested rights determinations have been made with respect to the property subject to the petition; (3) Whether any prior approved applications for the property have expired or have been terminated in accordance with law; (4) Whether specific standards otherwise applicable affect lot size, lot dimensions, lot coverage or building size based upon the proposed development application; (5) Whether any statutory exception applies to the standards in the current Land Development Code from which the applicant seeks relief; (6) Whether any prior approved applications relied upon by the petitioner have expired under Section 1.10.4.5 (b) Conditions. If the claim of vested rights under a petition is based upon a pending application subject to standards that have been superseded by current standards under this Land Development Code, the decision -maker may condition any relief granted on the petition on the approval of the application under such prior standards. Section 1 „1 ,,. Ilf;;° Ipiiiir fiiioin gain Ilf;;° f ins iii On (a) Expiration. Relief granted on a vested rights petition shall expire on occurrence of one of the following events: (1) The petitioner or property owner fails to submit a required revised development application consistent with the relief granted within 30 days of the final decision on the petition; (2) The development application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or (3) The development application for which relief was granted on the vested rights petition expires. (b) Extension. Extension of the date of expiration for the development application for which relief was granted on a vested rights petition shall result in extension of the relief granted on petition for a like period. Section 1 „1 ,,. IlDoirirmmaint IPiroj f (a) For purposes of this Section only: (1) Initial permit means any of the following types of approvals granted under the San Marcos Code of Ordinances, chs. 94, 110 or 114, as amended, or any predecessor zoning, subdivision or development ordinance, whether or not such approvals were issued in conjunction with or as a condition of approval of any other permits: Site plan, landscape plan, development plan, concept plan, zoning site plan, special use permit, site development permit, subdivision master plan, preliminary plat, variances or any other application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation or design of land uses, lots or improvements on a site intended for development. (2) Final permit means a building permit, certificate of occupancy, or final plat approved under San Marcos City Code, chs. 94, 110 or 114, as amended, or any predecessor zoning, subdivision or development ordinance. (b) Any application for an initial permit that was approved or filed before, but that was not subject to an expiration date on, May 11, 2000, under the of the San Marcos Code of Ordinances, chs. 94, 110 or 114, as amended, or any San Marcos, Texas, Code of Ordinances Page 137