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 2: - AUTHORITY OF DECISION - MAKERS DIVISION 1: - GENERAL PROVISIONS (d) Effect of f i um i� : Comprehensive Plan, Ordinance or Development Standard on Liability Claims. The City's approval of a development application under the standards and procedures of this Land Development Code does not guarantee or assure that development of the property in accordance with the standards will prevent, minimize or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the City's approval of a development application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this Land Development Code constitute an exercise of the City's governmental authority, and approval of a development application shall not give rise to any liability on the part of the City or its officers, agents and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law. (e) No Waivers. Except as expressly provided for in this Land Development Code (refer to Section 1.6.1.4 and Section 1.4.4.1), no official, board, commission of the City, or the City Council, shall have authority to waive any requirement or standard for a development application. Any attempted waiver of a requirement or standard for a development application in contravention of this subsection shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision. ( )rd °,ins 2008 44 § ° 10 (s "s 08) Section 1...2 „1„ 4 ,,. Coinfillict iiiin Authority (a) Internal Inconsistency. Whenever one or more provisions of this Land Development Code are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail. (b) Incomplete Provisions. Whenever a specific standard or procedure of this Land Development Code is incomplete when applied in isolation to a development application or development activity, such standard shall be supplemented by any general or specific provision of this Code, the City Code, or the City Charter in order to give effect to the incomplete provision. Section 1...2 „1„ 5 ,,. 11111lustiratiloins and iii uw 111 Representations tatiion (a) In this section, "illustration” means an illustration, picture, model or other visual representation or depiction. "Illustration” does not include a subdivision or development plat submitted in accordance with the requirements of this chapter. (b) A decision -maker may not consider an illustration in reaching a decision on a development application or petition unless it is submitted by the applicant as a part of the application or petition. (c) If an application or petition includes an illustration, the responsible official shall determine whether the decision - maker can require compliance with and conformity to the illustration as a condition of approval of the applicant's development application or petition. In general, compliance with and conformity to an illustration cannot be made a condition of approval with respect to the following: (1) Applications for amendments to the II u44 i w r;d Use! map Preferred Scenario Mai under Article 4 of this Chapter; (2) Petitions related to zoning map amendments under Article 5 of this Chapter (except for petitions for PD or development transfer districts); and (3) Applications and petitions related to plats under Article 6 of this Chapter. In general, compliance with and conformity to an illustration can be made a condition of approval of other applications and petitions. San Marcos, Texas, Code of Ordinances Page 7