San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

Section 2.8.5.6Appeal

adjustment shall be made at the same time as the decision is made on the related development application. D. Denial of an Administrative Adjustment. The denial of an administrative adjustment authorizes the applicant to file the request for approval with the Planning and Zoning Commission under the alternative compliance Section 2.8.4.3. E. Notification of Decision on Application. The applicant shall be notified of the decision on the administrative adjustment application along with the decision on the related development application in the manner provided in Section 2.3.4.1 of this Development Code. Section 2.8.5.4Criteria for Approval A. Criteria. In deciding the administrative adjustment application, the decision-maker shall apply the following criteria: 1. The requested administrative adjustment is justified by the purposes and intent of this Development Code; 2. The requested administrative adjustment is consistent with the policies embodied in the adopted Comprehensive Plan; 3. The requested administrative adjustment is consistent with the general purpose, intent and character of the applicable development regulations and district; 4. When taken with the requested administrative adjustment, the related development application meets all other applicable standards and requirements of this Development Code; and 5. The degree of adjustment requested is the minimum amount necessary to meet the needs of applicant and to satisfy the standards in this Section. Section 2.8.5.5Expiration and Extension An administrative adjustment shall expire simultaneously with the expiration of the development application to which the administrative adjustment relates and shall be automatically extended or vacated, as applicable, upon extension or vacation of such related development application. Denial of the development application to which an application for administrative adjustment relates shall constitute denial of the requested administrative adjustment.

Any applicant that is denied a request for an administrative adjustment may appeal the denial to the Planning and Zoning Commission under Section 2.8.1.1.

2:58

San Marcos Development Code Amended: September 1, 2020