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 10: - PETITION FOR CHANGE IN NONCONFORMING STATUS tit VISR11 .:i`ii. PETI t.t'i °11 ["(1R Section 1„ „10 „1 ,,. IPirop in y Owineir's lly fiiifiiioin (a) Applicability. A property owner may petition the Zoning Board of Adjustments for a change in the status of a nonconforming use or structure for the following matters: (1) Expansion of the land area of a nonconforming use; (2) Expansion of the gross floor area of a nonconforming structure; (3) Re- construction of a nonconforming structure that has been destroyed; (4) Resumption of a nonconforming use previously abandoned; (5) The enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair does not increase the structure's nonconformity; or (6) Encroachment on a zoning set -back line. (b) Effect. If the ZBOA grants the petition for a change in nonconforming status, modifications made in the nonconforming use, structure or lot that are consistent with the approved petition shall enjoy the same status and shall be subject to the same limitations as the original nonconformity under this Land Development Code. (c) Application requirements. (1) The Director of Development Services shall be the responsible official for a petition seeking a change in nonconforming status. (2) An application for seeking a change in nonconforming status shall be prepared in accordance with Chapter 1 of the Technical Manual. (d) Procedure and decision. The ZBOA shall process and decide the petition for a change in nonconforming status as a special exception in accordance with Division 9 of this Article. (e) Criteria forapproval. In deciding the petition, the ZBOA shall apply the following criteria: (1) The proposed change in nonconforming status meets the criteria Chapter 4, Article 5, Division 3. (2) Granting the petition shall not result in greater harm to adjacent and neighboring land uses than the original nonconformity. Section 1„ „10 ...2 ,,. Illy fiiifiiioin fair'T irirmrniiiin afiiioin (a) Applicability. The responsible official or any other City official, may petition the Zoning Board of Adjustments for termination in nonconforming status of a nonconforming use, nonconforming structure or nonconforming lot. (b) Effect. If the ZBOA grants the petition for termination of nonconforming status, the nonconforming use, nonconforming structure or nonconforming lot shall be deemed in violation of this Land Development Code and shall be subject to any remedy for enforcement, as provided in Article 3, Division 7 of this Chapter 1. Thereafter, the property owner may not seek reinstatement of nonconforming status. (c) Requirements. (1) The Director of Development Services shall be the responsible official for a petition seeking termination of nonconforming status. (2) The application shall include the following information and documents: San Marcos, Texas, Code of Ordinances Page 71