San Marcos Development Code (effective November 3, 2021)

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C H A P T E R

Development Procedures

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 proper ty where the premises are determined to be an immediate hazard to the health and safety of any person or an immediate danger to any adjacent proper ty. 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 proper ty 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)

1. Where a new State TABC license or permit is required for a currently licensed or permitted establishment due to a change in the name of the permit holder, the name of the business, or the ownership of the business. 2. Where remodeling occurs which does not involve the expansion of the existing business. 3. For renewal of a restaurant permit where the applicant demonstrates that they are in good standing with all requirements under this Development Code and any other statute and has not been assessed any violation values under this section. B. The Conditional Use Permit shall be issued only to and for the benefit of the holder of an alcoholic beverage license or permit issued by the state for the place of business and premises for which the conditional use permit is requested. C. Variance from the distance requirements For On-Premises Alcoholic Beverage Consumption. Cer tain businesses applying for a conditional use permit for on-premises alcoholic beverage consumption may seek a variance from the distance requirements set for th in Section 5.1.5.5, if the business meets all of the following: 2. The business seeking the variance is a restaurant that agrees to limit its operation characteristics such that the restaurant shall maintain its business in a manner to insure that its gross revenue from the sale of alcohol shall be less than twenty-five (25) percent of the total gross revenue of the business. 3. There is a distance of a least two hundred (200) feet from the primary entrance of the applicant business to the primary entrance of the church or school measured using a straight line. 4. The business seeking the variance shall comply with all aspects of the conditional use permit process. 5. All conditional use permits for the on-site alcoholic beverage consumption that include a distance variance shall be, for the life of the permit, subject to annual renewal. Variances are non-transferable and separate from the conditional use permit. Any hearing concerning a 1. Bars and package stores are not eligible for this variance.

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San Marcos Development Code Amended: November 3, 2021