San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

6. Granting the variance application is consistent with any special criteria applicable to varying particular standards, as set forth in Chapters 3 through 7 of this Development Code; 7. The hardship or inequity suffered by applicant is not caused wholly or in substantial part by the applicant; 8. The request for a variance is not based exclusively on the applicant’s desire for increased financial gain from the property, or to reduce an existing financial hardship, and; 9. The degree of variance requested is the minimum amount necessary to meet the needs of the applicant and to satisfy the standards in this Section. Section 2.8.2.5Expiration and Extension A. Expiration on Failure to File Application. Where the decision- makers for the variance application and the development application are different, a variance to a standard applicable to the development application shall expire within ninety (90) days of the date the variance application is granted, unless the property owner or applicant files the development application with the City in accordance with this Development Code within such period. The decision-maker may extend the time for filing the development application for good cause shown, but in any event, the expiration date for the variance shall not be extended beyond one year from the date the variance application was granted. B. Effect of Permit Expiration or Extension. Variances granted in relation to a development application shall remain in effect for the period the development permit is in effect, and shall expire upon expiration of the development permit. Extension of the development permit also shall result in extension of the variance. C. Effect of Application Denial. Denial of the development application in conjunction with which a variance application was granted or processed shall result in expiration of the variance.

Division 3: CONDITIONAL USE PERMIT Section 2.8.3.1Purpose, Applicability, Exceptions and Effect A. Purpose. The purpose of a conditional use permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. 1. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. B. Applicability. A conditional use permit is required to use or develop property within the city limits for any use designated as a “conditional” use in Sec. 5.1.1.2 of this Development Code for the zoning district in which the property is located. 1. Approval of a conditional use permit authorizes the use or development of the property in accordance with the conditions of the permit. 2. Approval of a conditional use permit shall be deemed to authorize only the particular use for which the permit is issued and shall apply only to the property for which the permit is issued (i.e., it is not personal to the applicant). 3. No conditional use shall be enlarged, extended, increased in intensity or relocated unless an application is approved for a new conditional use permit in accordance with the procedures set forth in this Section. Initiation or development of the use shall not be authorized until the applicant has secured all the permits and approvals required by this Development Code. 4. Any conditional use shall require compliance with all conditions of such conditional use permit, all conditions generally applicable to conditional uses under this Development Code, and all conditions applicable to the specific conditional use under this Development Code. C. Effect.

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Amended: September 1, 2020 San Marcos Development Code