San Marcos Development Code Effective 10.17.23

3 CHAPTER

Subdivisions

c. The amendment does not increase the number of lots; and d. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. 12. Allow for modification, abandonment or addition of an easement with the written consent of entities to which the easement is dedicated. C. Effect. An amending plat may be recorded and is controlling over the recorded plat without vacation of the previously recorded plat. Section 3.3.4.2 Application Requirements A. An application for approval of an amending plat shall be prepared in accordance with Section 2.3.1.1 and this Chapter 3. Section 3.3.4.3 Approval Process A. The Responsible Official shall review an application for amending plat in accordance with the criteria in Section 3.3.4.4 and either approve, approve with conditions, or deny the application for an amending plat. Section 3.3.4.4 Criteria for Approval A. The Responsible Official shall decide whether to approve, conditionally approve or deny the amending plat application based upon the following criteria: 1. The amending plat makes only those changes to the recorded plat that are allowed under Section 3.3.4.1. Section 3.3.4.5 Expiration and Extension A. Expiration. Approval of an amending plat shall expire if the plat is not submitted for recordation within two (2) years of the date of approval or conditional approval. B. Extension. An amending plat may be extended in accordance with Section 2.3.5.1.

Division 5: WAIVER TO ALLOW BUILDING ACROSS LOT LINE

Section 3.3.5.1 Purpose, Applicability, and Effect

A. Purpose. The purpose of a waiver to allow building across a lot line shall be to provide an expeditious means of developing over a middle lot line between two adjacent lots under the same ownership. B. Applicability. The procedures for a waiver to allow building across a lot line shall apply only for the purpose of accommodating a single structure or building over a single lot line between two contiguous legally conforming lots. C. Effect. Upon approval by the Responsible Official, the waiver may be recorded and is controlling over the recorded plat until such time as the structure or building requiring the waiver is destroyed or demolished. Section 3.3.5.2 Application Requirements A. An application for waiver to allow building across a lot line shall be prepared in accordance with Section 3.3.5.1. Section 3.3.5.3 Approval Process A. The Responsible Official shall either approve, approve with conditions, or deny the application for a waiver based on the criteria in Section 3.3.5.4. Section 3.3.5.4 Criteria for Approval The Responsible Official shall decide whether to approve, conditionally approve, or deny the requested waiver based on the following criteria: A. The combined area and dimensions of the two contiguous lots must meet all dimensional standards for a single lot under this Development Code; C. Both lots must be legally platted whole lots within an existing subdivision; D. The waiver shall not attempt to remove or modify recorded covenants or restrictions or easements; and E. The waiver to allow building across a lot line shall not require the dedication of any additional right-of-way or easements. B. Both lots must be under the same ownership;

(Ord. No. 2019-45, 12-17-19)

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Amended: October 17, 2023 San Marcos Development Code