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 predecessor zoning, subdivision or development ordinance, shall expire on the effective date of this Land Development Code. (c) The owner of the land subject to an initial permit that expires under subsection (b) may petition the City Council to reinstate such zoning permit by filing a written petition within 60 calendar days of the effective date of this Land Development Code. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following: (1) As of May 11, 2000, one of the following events had occurred: a. A final permit for all or part of the land subject to the approved initial permit was approved, or was filed and was subsequently approved; b. An application for a final permit was submitted for all or part of the land subject to the expired initial permit, but such application was rejected on grounds of incompleteness; c. Costs for development of the land subject to the initial permit, including but not limited to costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent of the most recent appraised market value of the land; d. Fiscal security was posted to ensure performance of an obligation required for all or a part of the land subject to the approved initial permit; or e. Utility connection fees or impact fees for all or part of the land subject to the approved initial permit were paid. (2) After May 11, 2000 but before the expiration date specified in subsection (b), one of the following events had occurred: A final permit was approved for all or part of the land subject to the approved zoning permit, and remained in effect for such land on such expiration date; or A complete application for approval of a final permit for all or part of the land subject to the approved initial permit was pending for decision on such expiration date. (d) The City Council may take one of the following actions: (1) Reinstate the expired initial permit without an expiration date, if it finds that the petitioner has met any one of the criteria listed in subsection (c)(1); (2) Reinstate the initial permit for all or part of the land subject thereto, if it finds that the petitioner has met any one of the criteria listed in subsection (c)(2), subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending final permit application will be developed in a timely fashion. In granting relief under this provision, the Council may require that development of such remaining land is subject to standards enacted after approval of the initial permit; (3) Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in subsection (c); or (4) Reinstate the zoning permit for only that part of the land subject to a pending final permit application, if it finds that the petitioner has met the criteria in subsection (c)(2)(b) and the pending application subsequently was approved, and deny the petition for the remaining land subject to the expired initial permit. San Marcos, Texas, Code of Ordinances Page 138