San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

2. Decision on Appeal. The appellate body shall decide the appeal within thirty (30) working days of the close of the public hearing. The appellate body shall affirm, reverse or modify the decision from which the appeal was taken. Section 2.8.1.4Criteria A. The appellate body shall apply the same criteria that govern the decision on the development application under the provisions of this Chapter 2 unless otherwise stated in this Development Code. Section 2.8.1.5Expiration and Extension A. For purposes of determining expiration or extension periods under this Development Code, the date of the appellate body’s granting of relief on an appeal is the date on which the development application is deemed approved. A. Purpose. The purpose of a variance application is to vary one or more standards applicable to a development application, subject to the limitations set forth in this section or elsewhere in this Development Code. 1. A variance application shall not be used as a means of amending the text of this Development Code or of changing a zoning district, or other legislative classification of the property for which the variance is sought. 2. A variance application shall not be used as a means to contest the applicability of a standard to a development application, an exemption determination, or a decision on a development application. 3. Variance applications shall be decided by the Zoning Board of Adjustments. A variance application may not be used to vary standards applicable to an application for a legislative decision. B. Applicability. A variance application may be filed to modify any standard other than a use standard which is applicable to an administrative or quasi-judicial development application, unless otherwise specified by this Development Code. Division 2: VARIANCES Section 2.8.2.1Purpose, Applicability and Effect

D. An appeal by an applicant shall be accompanied by a copy of the development application on which the initial decision was rendered. E. Time for Filing Appeal. A written appeal must be filed with the Responsible Official within ten (10) working days from the final decision on the development application. Section 2.8.1.3Approval Process 1. Upon receipt of a written appeal, the Responsible Official shall compile all documents constituting the record of the decision on appeal and transmit the record to the appellate body. 2. The Responsible Official shall provide notice of the appeal under Section 2.3.2.1 and conduct a public hearing in accordance with Section 2.3.3.1. 3. Notification of decision on the appeal shall be provided to the appellant and the applicant in accordance with Section 2.3.2.1. B. Stay of Proceedings. Receipt of a written appeal of a decision on a development application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subordinate development applications, and any development activities authorized by initial approval of the development application. 1. The stay shall be lifted only if the Responsible Official certifies in writing to the appellate body that a stay would cause imminent peril to life or property. 2. Thereafter, the stay may be reinstated only by order of the appellate body or a court of record, on application, after notice to the Responsible Official, for due cause shown. A. Responsible Official Action

C. Appellate Body Action

1. The initial public hearing on the appeal shall be held within twenty-five (25) working days after the filing of the appeal with the Responsible Official, unless a different time is prescribed by the provisions of this Chapter.

2:49

Amended: September 1, 2020 San Marcos Development Code