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 7: - CONDITIONAL USE PERMIT titVt',SHIN w i'i 11VDIt:t'(NVA1, (IS E" fit' "RHt°t.,,. Section 1„ „7 „1 ,,. Puirpose, AppIllicalb111111ty, Ilf;;° Ipfiiioin and Ilf;; °ff f (a) Purpose. The purpose of a Conditional Use Permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses enumerated as conditional uses in a particular zoning district, or those nonconforming uses which are damaged or destroyed, and which are permitted to be reestablished under this Land Development Code, shall be authorized as conditional uses. (b) Applicability. A Conditional Use Permit is required to use or develop property within the City limits for any use designated as a conditional use in the Land Use Matrix in Chapter 4 of this Land Development Code for the zoning district in which the property is located. The Conditional Use Permit application must be accompanied by a Site Plan prepared in accordance with Section 1.5.7.3 of this Chapter. (c) Exceptions. A Conditional Use Permit shall not be required to use or develop property for any use designated as a permitted use in the land use matrix in Chapter 4, Article 1 of this Land Development Code for the zoning district in which the property is located, or any use authorized in a planned development PD district. (d) Effect. Approval of a Conditional Use Permit authorizes the use or development of the property in accordance with the conditions of the permit. Approval of a Conditional Use Permit shall be deemed to authorize only the particular use for which the permit is issued and shall apply only to the property for which the permit is issued (i.e., it is not personal to the applicant), except for uses authorized under Section 4.3.4.2 or Section 4.3.4.3 of this Code. No conditionally permitted use shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new Conditional Use Permit in accordance with the procedures set forth in this Section. Initiation or development of the use shall not be authorized until the applicant has secured all the permits and approvals required by this Land Development Code. Section 1 „ „7...2 ,,. Sequence of Approvals (a) Prior Approvals. An application for a Conditional Use Permit shall not be approved unless the following petitions or development permits, where applicable, have been approved and remain in effect for land to be subject to the proposed Conditional Use Permit. (1) All legislative applications; (2) Watershed Protection Plan (Phase 2); and (3) Final Subdivision Plat that includes the lot for which the Conditional Use Permit is sought. (b) Accompanying Applications. An application for a Conditional Use Permit shall be accompanied by a Site Plan and may be accompanied by an application for a Site Preparation Permit, provided that the application for the Conditional Use Permit is first decided. Section 1 „ „7...3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The II 4aRiRiRi i..- II'NDirector shall be the responsible official for a Conditional Use Permit. (b) Contents. An application for approval of a Conditional Use Permit shall be prepared in accordance with Chapter 1 of the Technical Manual. San Marcos, Texas, Code of Ordinances Page 64