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 5: - EXPIRATION, EXTENSION AND REINSTATEMENT DI FI',S tiN 5: t " ".' PI R t't' )IV, t 1 "t t YVSRi1 r .IV D 1,'11 ,„ t A t t Y1M' V t.,, Section 1...3„ „1 ,,. Ilf;;° Ipiiiir tiiioin, 11:..:..xte iir sIoin and IRellinst atern int of Approvals (a) Time of Expiration. Unless otherwise expressly provided by this Land Development Code, a quasi - judicial or administrative development permit shall automatically expire and become null and void, and all activities under the permit thereafter shall be deemed in violation of this Code, if (1) the applicant fails to satisfy any condition that was imposed as part of the approval of the development application or that was made under the terms of any development agreement, within the time limits established for satisfaction of such condition or term, or (2) the applicant fails to submit a subsequent development application required by this Land Development Code within the time so required. If no time limit for satisfaction of conditions is specified in the decision on the development application, the time shall be presumed to be one year from the date the decision was made. (b) Effect of Expiration. Upon the expiration of a quasi - judicial or administrative permit, all previously approved quasi - judicial or administrative permits for the same land also shall expire on the expiration date if (1) the expired permit is subordinate to such previously approved permits and (2) the filing of an application for or approval of the expired permit was required to avoid expiration for the previously approved permit or permits. Thereafter, a new application for each permit deemed expired under this Section must be approved subject to regulations in effect at the time the new application is accepted for filing. (c) Extension Procedures - Initial Request. Unless a different time is expressly provided for a specific procedure by this Land Development Code, the responsible official or the board, commission or the City Council that finally approves a quasi-judicial or administrative development application may grant an initial extension of the time for expiration of the application for a period not to exceed one year from the date of initial approval of the application, provided that a request for extension is made in writing at least 30 days before the approved application expires. Unless expressly stated otherwise, the extension period provided under a specific procedure shall be for the initial extension request. Every request for extension shall include a statement of the reasons why the expiration date should be extended. The decision -maker may grant a request for extension of the expiration date for a period of up to one year upon demonstration that circumstances beyond the control of the permit holder have resulted in the permit holder's inability to perform the tasks necessary to prevent the permit from expiring before the expiration date. (d) Extension Procedures - Subsequent Extension. A permit - holder may apply for an extension of the expiration date for a permit for a period not to exceed two years, or for a second extension of the expiration date of the permit for a period not to exceed one additional year. The application must be in writing. Such an extension may be granted only by a designated board or commission, for administrative applications, and only by the City Council, for quasi - judicial applications, following a public hearing. In determining whether to grant a request, the board, commission or Council shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. (e) Conditions. In granting an extension, the official or body deciding the request may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served. In granting a subsequent extension request, the decision -maker may require that one or more newly adopted development standards be applied to the proposed development. (f) Reinstatement. Unless otherwise provided by this Land Development Code, an applicant may request reinstatement of an expired quasi - judicial or administrative development application by filing a written request with the responsible official within 30 days of the date of expiration. The request for reinstatement shall include a statement of the reasons why the application should be reinstated and extended. A request for reinstatement shall be processed and decided in the manner provided for an extension of an expiration period for more than one year. The expiration date shall not be extended for more than two years from the date of initial approval of the application. (g) Effect of Decision on Extension or Reinstatement. The granting of an extension or reinstatement request for a permit also extends or reinstates any other permits otherwise deemed expired under subsection (b). The denial of an San Marcos, Texas, Code of Ordinances Page 29