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Subpart B - LAND DEVELOPMENT CODE <br />Chapter 1 - DEVELOPMENT PROCEDURES <br />ARTICLE 5: - ZONING PROCEDURES <br />DIVISION 9: - SPECIAL EXCEPTIONS <br />DIFt' „tttt3 9 SPEW117A t EX, (t P I "'ttt3 ; <br />Section 1„ 5 9 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f <br />(a) Purpose. The purpose of a special exception shall be to authorize a modification of zoning standards applicable to <br />particular types of development within any zoning district, which is consistent with the overall intent of the zoning <br />ordinance and for which express standards are prescribed, but that requires additional review to determine whether <br />the development with the modification is compatible with adjoining land uses and the character of the neighborhood <br />in which the development is proposed. <br />(b) Applicability. An application for a special exception may be filed only for those modifications listed in Section 4.5.3.7 <br />of this Code. The special exceptions procedure shall be applicable only within the City limits. <br />(c) Effect. Approval of an application for a special exception entitles the property owner to undertake the activity <br />authorized under the exception notwithstanding any standards in the zoning district regulations to the contrary. <br />Section 1„ 5 9 ...2 ,,. Sequence ofApprovals <br />(a) Prior Approvals. An application for a special exception shall not be approved unless the following petition(s) or <br />development permit(s), where applicable, have been approved and remain in effect for the land subject to the <br />exception: <br />(1) All legislative applications required to establish or change the use with which the exception is associated; <br />(2) Conditional Use Permit; and <br />(3) Final Subdivision Plat or Final Development Plat. <br />(b) Accompanying Applications. The application for a special exception may be accompanied by one or more <br />applications for a Site Preparation Permit, if applicable, or one or more applications for construction permits, provided <br />that the application for the special exception shall be decided first. <br />Section 1„ 5. 9.3 ,,. AppIllicatiloin Requirements <br />(a) Responsible Official. The II 4aRiRiRi i.. -II NDi rector shall be the responsible official for a special exception. <br />(b) Contents. An application for a special exception shall be prepared in accordance with Chapter 1 of the Technical <br />Manual. <br />Section 1„ 5 9 4 ,,. Pirocessiling of AppIllicatiloin and IlD iii iiion <br />(a) Notice and Hearing. A public hearing on the special exception application before the Zoning Board of Adjustments <br />shall be held, preceded by personal notice provided in accordance with Section 1.3.2.1(b) of this Chapter 1. <br />(b) Decision. The Zoning Board of Adjustments shall approve, conditionally approve, or deny the special exception <br />following legislative and person notice in accordance Article 3, Division 2 of this Chapter 1. The ZBOA shall conduct <br />a public hearing on the application in accordance with Article 3, Division 3 of this Chapter 1. <br />(c) Time for Decision. An application for approval of a special exception shall be decided within 30 days of the official <br />filing date. <br />San Marcos, Texas, Code of Ordinances Page 69 <br />