San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Article 2: AUTHORITY OF DECISION MAKERS

Division 2: SEQUENCE OF DEVELOPMENT APPLICATIONS

Section 2.1.2.1General Rules for Priority

Division 1: GENERAL PROVISIONS

Where more than one development application is required by this development code in order to initiate or continue development of land, the requests or applications shall be decided in the following general sequence: A. Applications classified as legislative shall be first decided and determined prior to all other applications. B. Applications classified as quasi-judicial shall be decided prior to applications classified as administrative. C. Applications within a class which are assigned priority under this Development Code shall be decided prior to subordinate applications. Section 2.1.2.2Specific Rules of Priority A. Applications of Mixed Classification. A property owner may submit development applications of different priority classifications simultaneously unless otherwise written in this development code. Action on accompanying applications shall be as follows: 1. Denial of a legislative application shall be deemed a denial of any pending quasi-judicial or administrative applications, or subordinate applications for the same land, on the date the legislative application is denied. 2. Denial of a quasi-judicial application shall be deemed a denial of any pending administrative or subordinate quasi- judicial applications for the same land on the date the quasi-judicial application is denied. 3. Subordinate applications shall not be approved subject to approval of priority applications. 4. Any subordinate application that must be decided within a time certain under this development code and that is not accompanied by an express waiver of such time limitation

Section 2.2.1.1Source of Authority

Authority under this development code shall be vested in and delegated to the officials and decision-makers designated in this Chapter 2, Article 2 and under the city’s charter, the constitution and laws of the State of Texas and the city code. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision-makers. The omission of a citation in this development code to any authority conferred upon the officials and decision-makers under the city’s charter, the constitution or laws of the State of Texas or the city code shall not be construed as limiting the actions of such officials and decision-makers taken in accordance with and in reliance upon such authority. Section 2.2.1.2Implied Authority The officials and decision-makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this development code to the extent the implied authority is not in conflict with the expressly delegated authority. Section 2.2.1.3Limitation on Authority A. City Policy. It is the policy of the city that the standards and procedures applicable to development of property within the city limits and within the city’s extraterritorial jurisdiction are as stated in this development code, notwithstanding any representation by any city official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property. B. Representations Concerning Future Action on Application. No city official, whether an employee of the city or a member of an appointed board or commission, or a member of the governing body of the city, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official’s decision or the decision of an appointed board or commission or the city council, on any development application that has yet to be filed or is pending before the city for decision. An official may, however, upon request of a person, convey information concerning that official’s position on a pending application in accordance with procedures established in this Chapter 2. No person is

pending decision on the priority application shall be deemed incomplete and shall not be further processed.

B. Subordinate Applications. Approval of any subordinate application shall be consistent with the terms and conditions of approval of all priority applications.

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Amended: September 1, 2020 San Marcos Development Code