San Marcos Development Code (effective November 3, 2021)

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C H A P T E R

Development Procedures

Section 2.8.3.2 Application Requirements

Division 3: CONDITIONAL USE PERMIT Section 2.8.3.1 Purpose, Applicability, Exceptions and Effect A. Purpose. The purpose of a conditional use permit is to allow the establishment of uses which may be suitable only in cer tain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. 1. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a par ticular location within a given zoning district. B. Applicability. A conditional use permit is required to use or develop proper ty within the city limits for any use designated as a “conditional” use in Sec. 5.1.1.2 of this Development Code for the zoning district in which the proper ty is located. 1. Approval of a conditional use permit authorizes the use or development of the proper ty in accordance with the conditions of the permit. 2. Approval of a conditional use permit shall be deemed to authorize only the par ticular use for which the permit is issued and shall apply only to the proper ty for which the permit is issued (i.e., it is not personal to the applicant). 3. No conditional use shall be enlarged, extended, increased in intensity or relocated unless an application is approved for a new conditional use permit in accordance with the procedures set for th in this Section. Initiation or development of the use shall not be authorized until the applicant has secured all the permits and approvals required by this Development Code. 4. Any conditional use shall require compliance with all conditions of such conditional use permit, all conditions generally applicable to conditional uses under this Development Code, and all conditions applicable to the specific conditional use under this Development Code. C. Effect.

A. A Conditional Use Permit application shall be prepared in accordance with Section 2.3.1.1 Section 2.8.3.3 Approval Process

A. Responsible Official Action

1. The Responsible Official shall provide personal notice of a public hearing in accordance with Section 2.3.2.1 and Table 2.1. 2. The Responsible Official shall provide posted notice of a public hearing in accordance with Section 2.3.2.1 and Table 2.1 for a CUP related to the on-premise consumption of alcohol or a CUP related to purpose built student housing. B. Planning and Zoning Commission Action. Conditional use permits shall be decided by the Planning and Zoning Commission, subject to appeal to City Council, unless otherwise stated in this Development Code. 1. The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with Section 2.3.3.1. 2. The Planning and Zoning Commission shall determine whether to approve, approve with conditions or modifications, or deny the permit. 3. The Planning and Zoning Commission may require modifications in the proposed use and attach conditions to the conditional use permit deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this Section. C. City Council Action. Conditional use permits expressly determined by this code to be decided by the City Council shall first receive a recommendation by the Planning and Zoning Commission then follow the procedure below: 1. The City Council shall conduct a public hearing on the application in accordance with Ar ticle 3, Division 3 of this Chapter 2. 2. The City Council shall decide whether to approve, approve with conditions or modifications, or deny the permit.

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San Marcos Development Code Amended: November 3, 2021