San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

d. San Marcos Reinvestment Corporation and San Marcos Habitat for Humanity when building new affordable single-family residential dwellings; e. The Housing Authority of the City of San Marcos, for construction projects on property it owns, for low- income housing or administrative offices; and f. Any taxing unit as defined under Section 1.04(11) of the Texas Tax Code for construction projects having a permitted value of $1,000.00 or less. I. Modification of Applications. The applicant may modify any application following its filing and prior to the expiration of the period during which the city is required to act on the application. 1. Submittal of a modified application shall extend the time for deciding the application for a period equal to the time specified in this Development Code to decide the original application. J. Application Review. Following the determination that an application is complete, the responsible official shall: 1. Circulate the application for review by city departments or external agencies as applicable and compile the comments and recommendations; 2. Forward the application for review to any advisory body and the final decision-maker, and prepare a report to such body; and 3. Prepare required notices and schedule the application for decision within the time and in the manner required by this Development Code. K. Action by Advisory Body. In the absence of a recommendation from an advisory body by a majority vote on a proposed application, the advisory body shall be presumed conclusively to have recommended that the application be considered by the city council with no recommendation from the advisory body. L. Decision. The decision-maker for the application shall approve, approve with conditions or deny the application. M. Conditions. Where applicable the initial or final decision-maker may attach such conditions to the approval of an application as are reasonably necessary to assure compliance with this Development Code.

Division 2: NOTICE REQUIREMENTS

Section 2.3.2.1General Notice Requirements

For public notice and hearing requirements see Table 2.1

A. Published Notice. Whenever published notice is required under state law, the City Charter, or this Development Code, the Responsible Official shall cause notice to be published in a newspaper of general circulation in the City at least 16 days before the date set for the required hearing.

1. The notice shall set forth the:

a. Date, time, and location of the hearing;

b. Purpose of the hearing; and

c. Identification of the subject property if the decision concerns an individual tract or parcel of land.

B. Personal Notice. Whenever personal notice of a public hearing is required by state law, the City Charter, or this Development Code, the responsible official shall cause notice to be sent by regular mail at least 11 days prior to the hearing date unless a longer time period is identified in this development code. C. Comprehensive plan map amendments initiated by a property owner, any zoning map amendment, and a conditional use permit allowing the on premise consumption of alcohol or purpose built student housing require that the responsible official send notice by regular mail at least 17 days prior to the hearing date. D. Whenever personal notice is required by this development code notice shall be sent to the following addresses:

a. Each owner of real property located within four hundred (400) feet of the exterior boundary of the property in question and any other persons deemed by the responsible official or decision-maker to be affected by the application; b. Council of Neighborhood Associations (CONA) representative and president; c. Neighborhood Commission representative and president;

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San Marcos Development Code Amended: September 1, 2020