San Marcos Development Code Effective 10.17.23

2 CHAPTER

Development Procedures

Section 2.8.3.5 Duration; Expiration; Suspension; Violation; Revocation

immediate danger to any adjacent property. The suspension shall be for a period not to exceed 24 hours or until the danger or hazard is removed. D. Violation. It is unlawful for any person to violate or to cause or permit to be violated any terms or conditions of a conditional use permit or upon which a conditional use permit was issued or renewed. For purposes hereof, the term “person”shall include the permit holder, the owner or a manager of the permit holder, and any office of the permit holder. E. Revocation. The revocation of a Conditional Use Permit shall follow the revocation procedures established in Section 2.3.7.5. Section 2.8.3.6 Appeals A. The applicant may appeal the decision of the Planning and Zoning Commission to grant or deny a permit in accordance with Section 2.8.1.1. B. Any tenant or property owner within the personal notification area may appeal the decision of the Planning and Zoning Commission to grant a permit in accordance with Section 2.8.1.1. C. The Council shall apply the criteria in Section 2.8.3.4 in deciding whether the Planning and Zoning Commission’s action should be upheld, modified or reversed. D. A super-majority vote in accordance with Section 2.2.4.2 shall be required to reverse a decision of the Planning and Zoning Commission. Section 2.8.3.7 Procedures Specific to Conditional Use Permits for On-Premise Sale of Alcohol A. Administrative Approval. The Responsible Official may administratively approve a renewal or modification of an existing conditional use permit under the conditions below. Otherwise the application shall be considered by the Planning and Zoning Commission in accordance with this section. (Ord. No. 2020-60, 9-1-2020)

A. Duration.

1. A conditional use permit shall remain in effect until it expires, is suspended, or is revoked in accordance with Section 2.3.7.5A(1 - 4) as supplemented by Section 2.8.3.5. 2. Conditional Use Permits granted for on-premises consumption of alcoholic beverages shall remain in effect no longer than three years, or until the license or permit is canceled, revoked, or allowed to expire, or until one of the following conditions occurs, after which the dispensing of alcoholic beverages for on-premises consumption requires issuance of a new Conditional Use Permit: a. The State TABC license or permit is reissued under a different [license or] permit holder’s name. b. The Conditional Use Permit is forfeited, suspended, or revoked in accordance with Section 2.3.7.1. c. There is a significant change in the name of the establishment, or any physical or operational change in the business that increases off-site impacts to surrounding properties.

(Ord. No. 2020-60, 9-1-2020)

B. Expiration. A Conditional use permit shall expire if:

1. A construction permit, if any, for the conditional use has not been approved within one year of the date of approval of the permit;

2. The construction permit subsequently expires;

3. The conditional use has been discontinued for a period exceeding six months; or 4. A termination date attached to the conditional use permit has passed. C. Suspension. In accordance with the authority granted to municipalities by the state, the City shall have the right to immediately suspend the conditional use permit for any property where the premises are determined to be an immediate hazard to the health and safety of any person or an

Where remodeling occurs which does not involve the expansion of the existing business.

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

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Amended: October 17, 2023 San Marcos Development Code