San Marcos Development Code Effective 10.17.23

3

CHAPTER

Subdivisions

4. A driveway serving any non-residential use or multi-unit living shall not be permitted to access neighborhood yield or neighborhood local streets unless the proposed access point is the lesser of three hundred (300) feet from an avenue, boulevard or parkway, or the intersection of another public street. 5. Offers of cross-access shall be prohibited where a proposed nonresidential use or multi-unit living may potentially obtain access from a neighborhood or residential street, unless the resulting access meets the provisions of subsection 4 above. 6. Driveways may intersect a street no closer than fifty (50) feet from the intersection of two (2) street rights-of-way, not including an alley. 7. Nothing in this section shall prevent all site access to any property. 1. All lots abutting a street other than a neighborhood street or neighborhood yield street where no alley is available shall comply with the following standards: a. Internal vehicular circulation areas shall be designed and installed to allow for cross-access between abutting lots; b. When an abutting owner refuses in writing to allow construction of the internal vehicular circulation on their property, a stub for future cross-access shall be provided as close as possible to the common property line. c. When cross-access is waived by the Responsible Official in accordance with Section 3.6.1.1 bicycle and pedestrian connections shall be provided between abutting properties except where there is a natural drainage feature greater than fifteen (15) feet across.

Division 5: ALTERNATIVE COMPLIANCE

Section 3.6.5.1 Alternative Compliance

A. Alternative Compliance Findings. The Planning and Zoning Commission may in accordance with Section 2.8.4.1 approve an alternative compliance request to this Article 6, subject to all the following findings: 1. The approved design adjustment meets the intent of this Article; 2. The approved design adjustment conforms with the Comprehensive Plan and adopted City plans; 3. The approved design adjustment does not increase congestion or compromise safety; 4. The approved adjustment does not create any lots without direct street frontage; and 5. The design adjustment is deemed reasonable due to one or more of the following:

F. Cross-Access

a. Topographic changes are too steep;

b. The presence of existing buildings, stream and other natural features;

c. Site layout of developed properties;

d. Adjoining uses or their vehicles are incompatible;

e. Strict compliance would pose a safety hazard; or

f. The design adjustment does not conflict with an approved or built roadway construction project adjacent to or in the vicinity of the site.

(This Section was approved by Ord. No. 2021-47, 8-3-21)

3:34

San Marcos Development Code Amended: October 17, 2023