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 3: - UNIVERSAL PROCEDURES DIVISION 1: - APPLICATION PROCEDURES (d) Waiver. Notwithstanding the requirements of subsection (b) of this section, the responsible official may initially waive a technical requirement relating to the form or content of an application if it appears unnecessary due to the scope and nature of the proposed activity. The decision maker on the application may withdraw the waiver, however, if the decision maker determines that meeting the requirement is necessary to determine compliance with applicable standards of approval. (e) Commencement of City Review Period. The time period established by state law or this Land Development Code for processing or deciding an application shall commence on the date that an application is deemed to be complete under subdivision (c)(3) of this section. (f) Pre - Application Conference. An applicant is encouraged to request a pre - application conference with the responsible official prior to filing an application. The request shall be in writing on a form prepared by the responsible official and shall state that any proposed development concept discussed at the pre - application conference is not intended as a plan of development or application for plat approval. The purposes of the pre - application conference are to ascertain the nature of the proposed development; to identify the procedures and standards that apply to the application; to discuss any project modifications recommended by the responsible official; to identify any requests for relief to be sought by the applicant; to determine whether any waiver of application requirements should be granted; and to outline the schedule for acting on the application. A pre - application conference is optional and shall not be required as a standard of approval of the application. No application shall be accepted for filing at a pre - application conference. (g) Neighborhood Organization Contacts. An applicant is encouraged to contact and meet with registered neighborhood organizations for the area in which the applicant's proposed development is located. An applicant may request, in connection with a pre - application conference, contact information for these neighborhood organizations. Contact with these organizations is optional and shall not be required as a standard of approval of the application. (h) Sequence of Applications. Notwithstanding any other provision of this Code to the contrary, an application shall not be considered complete if is not submitted in proper sequence with respect to priority applications upon which the application depends. If an application is subject to priority applications that must be approved before, or processed together with, the application, the responsible official shall inform the applicant, and the responsible official may require the applicant to present information to verify that the priority applications have been approved or filed, as applicable. (i) Vested Rights. For purposes of determining a vested rights petition pursuant to Division 4 of Article 10 of this Chapter: (1) Vested rights are limited to the project for which fair notice is given in an application; and (2) No vested rights accrue solely from the filing of an incomplete application that has expired, or from the filing of a complete application that is subsequently denied. (j) Universal Development Application Contents. In addition to any requirements specified for a particular type of application for a development permit or petition for a legislative decision in this Chapter 1 of the Land Development Code, the contents of the application or petition shall be as prescribed in the Chapter One Technical Manual prepared and adopted as an appendix to this Code. The i' 8arw4r g Director may amend the Technical Manual from time to time with the approval of the Planning and Zoning Commission. All applications shall contain the following information: (1) Identification of property owner and authorized agent; (2) Description of the property and the nature of the development that is the subject of the application; (3) Identification of all zoning classifications (inside the City only) for the property; (4) Identification of all pending legislative applications for the property; (5) Identification of decisions on all quasi - judicial or administrative applications for the property that remain in effect; (6) Identification of all accompanying applications; San Marcos, Texas, Code of Ordinances Page 21