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 6: - PLATTING PROCEDURES DIVISION 1: - PROVISIONS APPLICABLE TO ALL PLATTING PROCEDURES Residential Compatibility Site Plan are subject to the same content and procedural requirements as a newly submitted Residential Compatibility Site Plan. Section 1...6 „1...3 ,,. Ilf;;° irn1pfiiioin (a) The following land divisions are exempt from the requirements of this Article that apply to subdivision plats: (1) Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended; (2) Use of existing cemeteries complying with all State and local laws and regulations; (3) A division of land created by order of a court of competent jurisdiction; (4) A division of land that results in the creation of two or more parcels, each of which is greater than five acres inside the City limits, or each of which is greater than ten acres within the City's extraterritorial jurisdiction, when each parcel has direct access to an existing public street, and no dedication of public facilities is required under this Land Development Code in connection with the division; and (5) Creation of a remainder tract. (6) Acquisition of land for governmental purposes by dedication, condemnation, or easement. (b) The following development activities are exempt from the requirements of this Article that apply to development plats: (1) Any development activity associated with a subdivision plat that conforms to the requirements set forth in Divisions 3 and 5 of this Chapter; (2) Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended; (3) Use of existing cemeteries complying with all State and local laws and regulations; (4) Bona fide agricultural activities; (5) Construction of agricultural accessory structures and related development activities; and (6) Construction of a single - family dwelling and related accessory structures and development activities. Section 1...6 „1„ 4 .-'T°ilime for IlD iii iiion (a) Time Period for Action. All plat applications shall be acted upon within 30 days from the official filing date unless a waiver is submitted in accordance with subsection (b) below. (b) Waiver Requests. An applicant may request in writing a waiver of the decision time. The waiver request shall contain a statement of the reasons for the waiver and the time for which a waiver is sought. Where the Planning and Zoning Commission is the final decision - maker, no waiver shall be granted for a period less than the Commission's next regularly scheduled meeting. Waiver requests which have not been received by the responsible official on or before the fourth calendar day prior to the Planning and Zoning Commission meeting at which action is to be taken on the plat application shall be deemed denied and action shall be taken on the plat application at such meeting as scheduled. (c) Action on the Waiver Request. The decision -maker shall take action on the waiver request within the 30 -day period for acting on the plat. Where the Planning and Zoning Commission is the decision - maker, action on the waiver request shall be taken at the meeting at which the plat is scheduled for decision. If the waiver is granted, action on the plat application shall be tabled for a time certain consistent with the approved waiver. San Marcos, Texas, Code of Ordinances Page 76