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 1: - DEVELOPMENT APPLICATIONS DIVISION 1: - CLASSIFICATION OF DEVELOPMENT APPLICATIONS A llt t " "IIIIL,IIII "1111, I full: "%IIII IIII IIII II IIII "Il k t "" IIII IIII IIIf.nlllfi„ " "Illfi "ill k'S DIFf'; FISH NV f`. f "f "rfSS11R` °f ff'fK fff fff " "Vf f "fWHf IfiTr1PPt: ".ti 1 f'f'f;fIfi S Section 1 „1 „1 „1 ,,. Categories of IDeclislions and IRuwlll s Governing IID iiisiiioiira-lM alkiiiing For purposes of this Land Development Code, decisions on development applications are classified either as legislative, quasi - judicial or administrative decisions. (a) Legislative Decisions. Legislative decisions are those which establish or change the City's policies and rules governing the use or development of land. Legislative decisions shall be finally decided by the City Council acting in its capacity as a municipal legislature. Legislative decisions may be based upon general considerations of fostering and preserving the public health, safety and general welfare, including the municipality's fiscal well being, and are characterized by exercise of broad discretion. Legislative decisions shall be prefaced by a public hearing when required by state law, the City Charter, or this Land Development Code. Legislative decisions cannot be delegated, and are not subject to appeal or variation. (b) Quasi- Judicial Decisions. Quasi-judicial decisions are those in which general standards contained in the City's established policies and rules governing land development are applied to specific development proposals. Quasi - judicial decisions may be delegated to City staff persons or to an appointed board or commission for initial or final decision. Quasi - judicial decisions require the exercise of considerable discretion and may involve fact - finding or the imposition of conditions. Quasi - judicial decisions may be prefaced by a public hearing. Quasi - judicial decisions may be subject to appeal or variation. (c) Administrative Decisions. Administrative decisions are those in which specific standards contained in the City's established policies and rules governing land development are applied to specific development proposals. Administrative decisions shall be delegated to City staff persons or to an appointed board or commission for initial or final decision. Administrative decisions may require the exercise of limited discretion. Administrative decisions shall not be prefaced by a public hearing. Administrative decisions may be subject to appeal or variation. (d) Rules Governing Decisions. (1) Whenever a quasi - judicial or administrative decision is made subject to appeal or variation by this Land Development Code, the final decision -maker in an appeal or request for variation shall exercise the same degree of discretion exercised by the initial decision -maker unless otherwise provided by law. (2) Whenever an amended or revised development application is submitted to the City for decision, the amended or revised application shall be of the same classification as the initial application and shall be subject to the same level of discretion as was the initial application. (3) Whenever an appointed board or commission makes a recommendation to the City Council on a decision to be finally decided by the Council, such board or commission shall be deemed to act in the same capacity as the City Council. (4) The applicant shall bear the burden of demonstrating that a request for approval or development application meets the criteria for approval for that type of application. The appellant bears the burden of demonstrating that the initial decision by the City should be reversed or modified. Section 1 „1 „1...2 - II,,,,,, eglis1latlive lD iiisiiions and Alp 1pIlii atiiioins (a) Decisions on the following types of petitions, applications or relief procedures are classified as legislative decisions, and such petitions and applications are referred to as legislative applications: San Marcos, Texas, Code of Ordinances Page 1