San Marcos Development Code Effective 10.17.23

2 CHAPTER

Development Procedures

Section 2.8.1.4 Criteria

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 2.8.1.3 Approval 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. 1. The public hearing on the appeal shall be held at the next regularly scheduled meeting of the appellate body for which notice can be provided and not later than the 60th calendar day after the date the appeal is filed. 2. Decision on Appeal. The appellate body shall affirm, reverse or modify the decision from which the appeal was taken. A. Responsible Official Action C. Appellate Body Action

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 2.8.1.5 Expiration 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. C. Effect. The granting of a variance application in whole or in part authorizes the applicant to submit a development application that complies with the standard as varied or modified, and authorizes the decision-maker to evaluate the application using the varied standard, for the duration of the variance. Division 2: VARIANCES Section 2.8.2.1 Purpose, Applicability and Effect

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Amended: October 17, 2023 San Marcos Development Code

(Ord. No. 2023-72, 10-17-2023)