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 5: - ZONING PROCEDURES DIVISION 6: - CERTIFICATES OF APPROPRIATENESS (2) Watershed Protection Plan (Phase 1); (3) Conditional Use Permit; (4) Final Subdivision Plat or Final Development Plat. (b) Subsequent Approvals. A Certificate of Appropriateness must be approved prior to the issuance of a building permit or any other permit that authorizes construction, alteration, restoration, relocation, or demolition of a structure, or alterations to the site or appurtenances, in the local historic district or at a local historic landmark. Section 1„ „6 „3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The II 4aRiRiRi i.. -II NDi rector shall be the responsible official for a Certificate of Appropriateness. (b) Contents. The application for a Certificate of Appropriateness shall be prepared in accordance with Chapter 1 of the Technical Manual. Section 1 „6...6„ 4 ,,. Pirocessiling of AppIllicatiloin and IlD iii iiion (a) Decision - Maker. The Historic Preservation Commission shall be the initial decision -maker for a Certificate of Appropriateness, subject to appeal to the ZBOA. (b) Notice and Hearing. Personal notice of the public hearing on the application for a Certificate of Appropriateness before the Historic Preservation Commission shall be given in accordance with Article 3, Division 2 of this Chapter 1. (c) Public Hearing and Decision. The Historic Preservation Commission shall conduct a public hearing concerning the application in accordance with Article 3, Division 3 of this Chapter 1. If the Historic Preservation Commission determines that the proposed activity is appropriate, it shall approve the application and shall issue to the applicant a Certificate of Appropriateness. If the Historic Preservation Commission determines that a Certificate of Appropriateness should not be issued, or should be issued subject to conditions, it shall place upon its records the reasons for its determination. (d) Time for Decision. The Historic Preservation Commission shall render its decision on the request within 45 days of the date the application is deemed complete and adequate for review, subject to the supplemental options available under subsection (e). (e) Options for Decision Regarding Historic Landmarks. (1) During this 45 -day period for decisions under subsection (d) action contrary to the request of the applicant is reasonably necessary or appropriate for the continued preservation of the property, as determined by the Historic Preservation Commission, the Commission may request that the City Council authorize negotiations with the owner for the acquisition by gift, purchase, exchange or otherwise of the property or any interest therein of for the making of a grant or loan to the owner for such purpose. If a determination is made by the Historic Preservation Commission under this subsection, the owner may not demolish, alter, remodel or relocate the landmark for 180 days after the date the application was deemed complete and adequate for review or such shorter period of time as provided in subsections (e)(3) and (4). (2) The Commission may reduce the waiting period required by this Section when the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed. (3) The Commission has the discretionary authority to waive all or any portion of the required waiting period, provided that the alteration, remodeling, or relocation is undertaken subject to conditions agreed to by the Commission ensuring the continued maintenance of the historical, architectural or cultural integrity and character of the landmark. San Marcos, Texas, Code of Ordinances Page 62