San Marcos Development Code (effective November 3, 2021)

2 C H A P T E R

Development Procedures

rights of owners or residents of adjacent proper ty or neighborhoods;

Division 5: ADMINISTRATIVE ADJUSTMENTS

The applicable decision-maker for an administrative application is hereby authorized to approve administrative adjustments for cer tain standards in this Development Code. Section 2.8.5.1 Purpose, Applicability and Effect A. Purpose. The purpose of an administrative adjustment application is to vary one or more dimensional standards or requirements applicable to a development application, subject to the limitations set for th in this Section or elsewhere in this Development Code. 1. An administrative adjustment application shall not be used as a means of amending the text of this Development Code or of changing a district or legislative classification of the proper ty for which the administrative adjustment is sought. 2. An administrative adjustment application shall not be used as a means to contest the applicability of a standard or requirement to a development application, an exemption determination, or a decision on a development application. B. Applicability. An administrative adjustment application may be filed under the following circumstances: 1. Standards with respect to which this Development Code specifically provides may be the subject of an administrative adjustment; or 2. Modification of up to 10% of any dimensional standard or requirement of this Development Code. C. An administrative adjustment may not be requested or granted for any of the following standards or requirements:

7. The request shall not result in any incompatibility of the development to which it relates with, or the character and integrity of, adjacent proper ty 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 are necessary to render the subject development or Improvement compatible with adjacent development or the neighborhood. 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-four ths 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;

1. Use

2. Signs

3. Parking

4. Density

5. Stormwater

D. Effect. The granting of an administrative adjustment in whole or in par t authorizes the applicant to submit a development

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Amended: November 3, 2021 San Marcos Development Code