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 2: - NOTICE REQUIREMENTS tit Vt'SHINti 2 I. °,"' Section 1...3...2 „1 ,,. General I Notlice Requirements (a) Published Notice. Whenever published notice of a public hearing before a board or commission or the City Council regarding a legislative or quasi - judicial decision is required under state law, the City Charter, or this Land Development Code, the responsible official shall cause notice to be published in a newspaper of general circulation in the City before the 15th day before the date set for the required hearing. The notice shall set forth the date, time, place and purpose of the hearing, and identification of the subject property, where the decision concerns an individual tract or parcel of land. (b) Personal Notice. Whenever personal notice of a public hearing is required by state law, the City Charter, or this Land Development Code before a board or commission or the City Council, the responsible official shall cause notice to be sent by regular mail before the tenth day before the hearing date to 1) each owner of real property located within 200 feet of the exterior boundary of the property in question, 2) to any registered neighborhood organization representing the area in which the subject property is located, 3) the applicant and /or property owner, and 4) if the matter to be considered is an appeal, to the appellant. The notice shall set forth the name of the applicant, the time, place and purpose of the hearing, identification of the subject property, and if the matter to be considered is an appeal, the name of the appellant. (1) Notice shall be sent to each owner indicated on the most recently approved municipal tax roll for land inside the City limits, and, when required by state law, on the most recently approved county tax roll for land in the extraterritorial jurisdiction. For recently annexed land that is not included on the most recently approved municipal or county tax roll, notice may be given by publication. (2) Notice may be served by depositing the notice, properly addressed and first class postage prepaid, in the United States mail. (c) Posted Notice. Whenever this Land Development Code requires that notice of a public hearing be posted on land, the responsible official shall cause notification signs stating the purpose of the hearing to be placed on the subject property before the tenth day prior to the first public hearing. (1) A minimum of one sign shall be placed on each street frontage. Property with multiple street frontages shall have the requisite sign on each street. Signs shall be placed in a visible, unobstructed location near the front property line. (2) The notification signs shall be left in place until final action is taken on the request for approval or development application, unless the case is formally withdrawn by the applicant prior to a final decision. It shall be the responsibility of the applicant to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. The applicant shall immediately notify the responsible official of any missing or defective signs. It is unlawful for a person to alter any notification sign, or to remove it while the case is pending; however, any removal or alteration that is beyond the control of the applicant shall not constitute a failure to meet notification requirements. (d) Notification Following Decision. Within ten working days of the date of a responsible official, board, commission or City Council determination on a development application, written notification of the action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of the conditions, if any. If the final decision -maker denies the application, a written statement setting forth the basis for the decision to deny the application also shall be included. Record of this notification shall be filed with the secretary of the board or commission or City Council on the date of notification. (e) Notification of Appeal or Revocation. Whenever appeal is taken from a final decision on a development application following a public hearing, or whenever the City is to consider revocation of a development permit which was obtained following a public hearing, personal notice of the appeal or revocation proceeding shall be provided in the San Marcos, Texas, Code of Ordinances Page 25