ORD-2025-01 Development Code Effective January 25, 2025

2 CHAPTER

Development Procedures

D. Effect. The granting of an administrative adjustment in whole or in part authorizes the applicant to submit a development application which complies with the standard as adjusted, and authorizes the decision-maker to evaluate the related development application using the adjusted standard, for the duration of the administrative adjustment. Section 2.8.5.2 Application Requirements A. Who May File Application. An administrative adjustment application may be filed by a property owner or the applicant for the applicable administrative development application to which the administrative adjustment application relates. B. Form of Application. An administrative adjustment application shall be prepared in accordance with the universal application standards in Section 2.3.1.1. C. Time for Filing Application. An administrative adjustment application must be filed with the development application for which an applicable standard is requested to be modified. Section 2.8.5.3 Approval Process A. Responsible Official Action. Upon receipt of an administrative adjustment application, the Responsible Official shall transmit the application to the decision-maker for processing and determination in accordance with this Section. B. Burden of Proof. The applicant bears the burden of proof to demonstrate that an administrative adjustment of the standards applicable to a development application should be granted. C. Decision on Application. The Responsible Official shall grant, grant subject to conditions, or deny the request for one or more administrative adjustments. The decision on the administrative adjustment shall be made at the same time as the decision is made on the related development application. D. Denial of an Administrative Adjustment. The denial of an administrative adjustment authorizes the applicant to file the request for approval with the Planning and Zoning Commission under the alternative compliance Section 2.8.4.3. E. Notification of Decision on Application. The applicant shall be notified of the decision on the administrative adjustment application along with the decision on the related development application in the manner provided in Section 2.3.4.1 of this Development Code.

Division 5: ADMINISTRATIVE ADJUSTMENTS

The applicable decision-maker for an administrative application is hereby authorized to approve administrative adjustments for certain standards in this Development Code. Section 2.8.5.1 Purpose, Applicability and Effect A. Purpose. The purpose of an administrative adjustment application is to vary one or more dimensional standards or requirements applicable to a development application, subject to the limitations set forth in this Section or elsewhere in this Development Code. 1. An administrative adjustment application shall not be used as a means of amending the text of this Development Code or of changing a district or legislative classification of the property for which the administrative adjustment is sought. 2. An administrative adjustment application shall not be used as a means to contest the applicability of a standard or requirement to a development application, an exemption determination, or a decision on a development application. B. Applicability. An administrative adjustment application may be filed under the following circumstances: 1. Standards with respect to which this Development Code specifically provides may be the subject of an administrative adjustment; or 2. Modification of up to 10% of any dimensional standard or requirement of this Development Code. C. An administrative adjustment may not be requested or granted for any of the following standards or requirements:

1. Use

2. Signs

3. Parking

4. Density

5. Stormwater

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Amended: January 21, 2025 San Marcos Development Code