San Marcos Development Code Effective 10.17.23

2

CHAPTER

Development Procedures

Section 2.8.2.2 Application Requirements

1. The Zoning Board of Adjustments shall hold a public hearing and grant, grant subject to conditions or deny the request for one or more variances. C. Burden of Proof. The applicant bears the burden of proof to demonstrate that a variance to the standards applicable to a development application should be granted. Section 2.8.2.4 Criteria for Approval A. In making its decision on the variance application, the Zoning Board of Adjustments shall apply the following criteria: 1. There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land subject to the variance application, such that the strict application of the provisions of this Development Code to the development application would create an unnecessary hardship or inequity upon or for the applicant, as distinguished from a mere economic impact, an inconvenience, frustration of objectives in developing the land, not permitting the highest and best use for the land, or depriving the applicant of the reasonable and beneficial use of the land; 2. The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of or similarly classified as the applicant’s land; 3. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 4. Granting the variance application shall not be detrimental to the public health, safety or welfare, or injurious to other property within the area; 5. Granting the variance application shall not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Development Code, or adversely affect the rights of owners or residents of surrounding property; 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;

A. Who May Apply. A variance application may be filed by a property owner or the applicant for any administrative or quasi judicial development application. B. A variance application shall be prepared in accordance with Section 2.3.1.1. C. The variance application shall contain a detailed written statement of the reasons why the standards requested to be varied should not be applied. D. The variance application shall be accompanied by the fee established by the City Council. E. A variance application shall be accompanied by illustrations or other documents showing the effect of the requested variance on development to be proposed in the application. F. Time for Filing Application. A variance application must be filed prior to filing of the development application for which the variance is requested. Section 2.8.2.3 Approval Process 1. Upon receipt of a variance application, the Responsible Official shall transmit the application to the Zoning Board of Adjustments for processing and determination in accordance with Section 2.3.1.1 2. The Responsible Official shall provide personal notification of the public hearing before the Zoning Board of Adjustments in accordance with Section 2.3.2.1. 3. The Responsible Official shall provide a report and analysis on the criteria in Section 2.8.2.4 to the Zoning Board of Adjustments. 4. The Responsible Official shall conduct a public hearing in accordance with Section 2.3.3.1. 5. The Responsible Official shall notify the applicant of the decision on the variance application in the manner provided in Section 2.3.2.1 of this Development Code. A. Responsible Official Action

B. Zoning Board of Adjustments Action

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San Marcos Development Code Amended: October 17, 2023