San Marcos Development Code (effective November 3, 2021)

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C H A P T E R

Development Procedures

Section 2.8.5.4 Criteria for Approval

application which complies with the standard as adjusted, and authorizes the decision-maker to evaluate the related development application using the adjusted standard, for the duration of the administrative adjustment. Section 2.8.5.2 Application Requirements A. Who May File Application. An administrative adjustment application may be filed by a proper ty owner or the applicant for the applicable administrative development application to which the administrative adjustment application relates. B. Form of Application. An administrative adjustment application shall be prepared in accordance with the universal application standards in Section 2.3.1.1. C. Time for Filing Application. An administrative adjustment application must be filed with the development application for which an applicable standard is requested to be modified. Section 2.8.5.3 Approval Process A. Responsible Official Action. Upon receipt of an administrative adjustment application, the Responsible Official shall transmit the application to the decision-maker for processing and determination in accordance with this Section. B. Burden of Proof. The applicant bears the burden of proof to demonstrate that an administrative adjustment of the standards applicable to a development application should be granted. C. Decision on Application. The Responsible Official shall grant, grant subject to conditions, or deny the request for one or more administrative adjustments. The decision on the administrative adjustment shall be made at the same time as the decision is made on the related development application. D. Denial of an Administrative Adjustment. The denial of an administrative adjustment authorizes the applicant to file the request for approval with the Planning and Zoning Commission under the alternative compliance Section 2.8.4.3. E. Notification of Decision on Application. The applicant shall be notified of the decision on the administrative adjustment application along with the decision on the related development application in the manner provided in Section 2.3.4.1 of this Development Code.

A. Criteria. In deciding the administrative adjustment application, the decision-maker shall apply the following criteria: 1. The requested administrative adjustment is justified by the purposes and intent of this Development Code; 2. The requested administrative adjustment is consistent with the policies embodied in the adopted Comprehensive Plan; 3. The requested administrative adjustment is consistent with the general purpose, intent and character of the applicable development regulations and district; 4. When taken with the requested administrative adjustment, the related development application meets all other applicable standards and requirements of this Development Code; and 5. The degree of adjustment requested is the minimum amount necessary to meet the needs of applicant and to satisfy the standards in this Section. Section 2.8.5.5 Expiration and Extension An administrative adjustment shall expire simultaneously with the expiration of the development application to which the administrative adjustment relates and shall be automatically extended or vacated, as applicable, upon extension or vacation of such related development application. Denial of the development application to which an application for administrative adjustment relates shall constitute denial of the requested administrative adjustment. Section 2.8.5.6 Appeal Any applicant that is denied a request for an administrative adjustment may appeal the denial to the Planning and Zoning Commission under Section 2.8.1.1.

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San Marcos Development Code Amended: November 3, 2021