San Marcos Development Code Effective 10.17.23

2

CHAPTER

Development Procedures

Section 2.8.4.4 Criteria for Approval

are necessary to render the subject development or Improvement compatible with adjacent development or the neighborhood.

A. Factors. When considering an application for alternative compliance, the Planning and Zoning Commission or City Council where applicable shall evaluate the impact of the proposed alternative compliance on and its compatibility with surrounding properties to ensure the appropriateness of the requested alternative compliance for the particular location, and shall consider the extent to which: 1. The request is consistent with the policies embodied in the adopted Comprehensive Plan; 2. The request is consistent with the general purpose, intent and character of the development regulations applicable to the property; 3. There are special circumstances or conditions arising from the physical surroundings, shape, topography or other features affecting the subject property; 4. The request is detrimental to the public health, safety or welfare, or injurious to other property within the area; a. Does not have an adverse impact upon adjacent property or neighborhoods, including but not limited to, parking, traffic, noise, odors, visual nuisances, and drainage; or b. Includes Improvements either on-site or within the public rights-of-way to mitigate any such adverse impacts. 6. The request shall not have the effect of preventing the orderly use and enjoyment of other property within the area in accordance with the provisions of this Development Code, or adversely affect the rights of owners or residents of adjacent property or neighborhoods; 7. The request shall not result in any incompatibility of the development to which it relates with, or the character and integrity of, adjacent property or neighborhoods; and 8. The request meets the standards for the applicable zoning district, or to the extent deviations from such standards have been requested, that such deviations 5. The request either:

Section 2.8.4.5 Expiration and Revocation

A. Time of Expiration. An approved alternative compliance shall expire if: 1. A building permit, if any, utilizing the alternative compliance has not been applied for of approved within one year of the date of approval of the alternative compliance; 3. The subject development, improvement or construction or use thereof has been discontinued for a period exceeding six months; or 4. A termination date attached to the alternative compliance has passed. B. Revocation. Alternative compliance may be revoked by the decision maker for failure to comply with any standard, requirement or condition thereof in accordance with the procedures in Section 2.3.7.5. Section 2.8.4.6 Appeals The applicant or other person within the personal notification area may appeal the decision of the Planning and Zoning Commission to grant or deny an alternative compliance request to the City Council in accordance with Section 2.8.1.1. The Council shall apply the criteria Section 2.8.4.4 in deciding whether the Planning and Zoning Commission’s action should be upheld, modified or reversed. A three-fourths vote of all of the members of the City Council shall be necessary to reverse a decision of the Planning and Zoning Commission to deny a request for alternative compliance. 2. The building permit or application subsequently expires;

Division 5: ADMINISTRATIVE ADJUSTMENTS

The applicable decision-maker for an administrative application is hereby authorized to approve administrative adjustments for certain standards in this Development Code.

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San Marcos Development Code Amended: October 17, 2023