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 Section 1 „ ...6„ 5 ,,. Cirliiteirliia for Appirovall l (a) The following criteria shall be used to determine whether the application for a Certificate of Appropriateness shall be approved, conditionally approved or denied: (1) Consideration of the effect of the activity on historical, architectural or cultural character of the historic district or landmark; (2) For historic zoning districts, compliance with zoning district regulations; (3) Whether the property owner would suffer extreme hardship, not including loss of profit, unless the Certificate of Appropriateness is issued; (4) The construction and repair standards and guidelines cited in Section 4.2.5.1(j). Section 1 6 .6 .6 ,,. Appealls l (a) General Procedure. An applicant or other interested person may appeal a final decision of the Historic Preservation Commission on an application for a Certificate of Appropriateness to the Zoning Board of Adjustments within ten days of the Commission's action on the application. The Zoning Board of Adjustments shall decide the appeal in accordance with Article 10, Division 1 of this Chapter 1. except as supplemented or modified in subsections (b) and (c) of this Section. (b) Supplemental Procedure. In considering the appeal the Zoning Board of Adjustments shall: (1) Review the record of the proceeding from which an appeal is sought; (2) Receive an overview of the case from the responsible official including previous recommendations from City Staff and the decision of the Historic Preservation Commission; (3) Hear arguments from the party appealing the decision of the Historic Preservation Commission; and (4) Remand the matter back to the Historic Preservation Commission when testimony and evidence is presented that was not previously presented at the time of the hearing before the Historic Preservation Commission. (c) Criteria on Appeal. (1) The board shall apply the substantial evidence test to the decision of the Historic Preservation Commission; (2) The burden of proof before the board shall be on the appealing party, who must establish that the record reflects the lack of substantial evidence in support of the decision of the Historic Preservation Commission; (3) The board may not substitute its judgment for the judgment of the Historic Preservation Commission on the weight of the evidence on issues committed to the commission's discretion. Section 1 „6...6 „"T ,,. Ilf;;° Ipiiiir tiiioin and Ilf;;° f inS110in (a) Time of Expiration. A Certificate of Appropriateness shall expire one year from the date it is issued if the proposed activity has not commenced, or two years from the date the certificate is issued, if the proposed activity has not been completed. (b) Extension. A Certificate of Appropriateness may be extended by the Historic Preservation Commission for a period not to exceed one year from the date required for commencement and two years from the date for completion of the activity authorized by the certificate. San Marcos, Texas, Code of Ordinances Page 63