San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Article 8: RELIEF PROCEDURES

B. Historic Preservation Commission Action

1. The Historic Preservation Commission shall hold a public hearing to consider the demolition delay period and allow the discussion of alternatives to demolition and methods for the potential preservation of historic character. 2. The Historic Preservation Commission shall consider the criteria for eligibility in accordance with Section 2.5.4.5 and the potential for preservation of historic character when determining the demolition delay period. a. If the building, or part thereof, is not initially determined to be historically significant, the demolition permit shall be issued following the Commission’s determination without further notice, subject to the requirements of other applicable ordinances. b. If the building is determined to be historically significant, and there is potential for the preservation of historic character then the Commission may extend delaying the issuance of the demolition permit

Division 1: APPEALS

Section 2.8.1.1Purpose, Applicability and Effect

A. Purpose. The purpose of an appeal is to contest a final quasi- judicial or administrative decision on a development application based upon alleged misapplication of the criteria for approval of the application. 1. An appeal shall not be used as a means of amending, varying or otherwise modifying the standards of this Development Code that apply to the development application. B. Applicability. A final administrative decision on a development application authorized by this Development Code, may be appealed to the board or commission designated in this Development Code, where no board is designated appeals are decided by the Zoning Board of Adjustments. 1. A final quasi-judicial decision on a development application may be appealed only if expressly provided for in the regulations establishing the procedure by which the decision was made. C. Effect. The granting of an appeal supersedes the decision from which appeal was taken, and results in approval, conditional approval or denial of the development application for which approval was sought. Section 2.8.1.2Application Requirements A. Who May Appeal. The applicant and any owner of property within the area for personal notice, if applicable, may appeal a final decision on a development application to the appellate body designated by this Development Code, if any. B. The appeal shall contain a written statement of the reasons why the final decision is erroneous. C. The appeal shall be accompanied by the fee established by the City Council. 2. No appeal shall be taken from a legislative decision authorized under this Development Code.

to allow all potentially interested parties to take whatever steps deemedappropriate to accomplish the preservation of the building. The delay may be extended for good cause by the Commission for an additional 90 days but in no event shall the total extension be for more than 180 days.

(Ord. No. 2019-41, 11-19-19)

Section 2.7.4.4Violation and Penalties

A. It is a violation of this Division to demolish or remove a building subject to this Division, or part of or addition to such building, without having been issued a permit from the city specifically authorizing the demolition or removal. A person who violates this ordinance shall be subject to a fine of $2,000.00. A culpable mental state is not required to establish a violation of this ordinance. B. In addition to the assessment of any criminal penalties, the city may pursue any remedies available at law or in equity, including injunctive relief, to enforce the provisions of this ordinance.

(Ord. No. 2019-41, 11-19-19)

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San Marcos Development Code Amended: September 1, 2020