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 b. A brief description of the activity or development for which exemption is sought; c. A scale drawing depicting the boundaries of the site, the location of existing improvements on the site, and the location of the proposed development activities on the site; and d. Information establishing the basis for the exemption. (2) The application for exemption may be accompanied by a subordinate application, provided that such application shall not be deemed to be accepted for filing nor processed for review until the responsible official has determined whether an exemption should be granted. (3) The responsible official shall notify the applicant of the decision. If the responsible official denies the application for exemption, the official shall require that an application for the development permit be prepared in accordance with the requirements of Chapter 1. (p) Action by Advisory Body. In the absence of a recommendation from an advisory body by a majority vote on a proposed application, the advisory body shall be presumed conclusively to have recommended that the application be considered by the Council with no recommendation from the advisory body. (q) Decision. The decision -maker for the application shall approve, approve with conditions or deny the application within the time prescribed by this Land Development Code. Unless otherwise prescribed by law or City Charter, where the decision -maker is a board, commission or the Council, the application shall be decided by majority vote of a quorum of the members of the board, commission or the Council, provided that a super- majority vote or other decision rule on the application has not been invoked in accordance with the provisions of law, charter or this Code. (r) Time for Decision. The time for decision on an application shall be as specified for each procedure authorized in this Chapter 1. If no time is prescribed in the provisions governing the application procedure, the application shall be decided within a reasonable time. Where a subordinate application accompanies a priority application, the time for deciding the subordinate application shall run from the date the priority application is decided, unless otherwise provided by law or this Land Development Code. (s) Conditions. The initial or final decision -maker may attach such conditions to the approval of an application as are reasonably necessary to assure compliance with applicable requirements of this Land Development Code. (t) Definitions. In this section: (1) Fair notice of the project and the nature of the decision, permit or approval sought means a written description of the development, accompanied by sufficient written information for the responsible official to determine the following: (A) The site of the proposed development, including its physical location and size; and (B) The nature of the proposed development, in sufficient detail to be able to: Determine the physical characteristics of the development (e.g., fill or excavation, building construction, public infrastructure installation or improvement); 2. Determine the nature and extent of public facilities or infrastructure, if any, that would be associated with or impacted by the development; 3. Confirm that the proposed development requires a decision, permit or approval by the city under the city Land Development Code before the development is initiated; 4. Confirm the manner in which the proposed development contributes to completion of the project for which the decision, permit or approval is sought, if the development is part of a larger project; and 5. Confirm the specific type of decision, permit or approval that is required by the city for the development under the city Land Development Code before the development is initiated. San Marcos, Texas, Code of Ordinances Page 23