San Marcos Development Code

2 C H A P T E R

Development Procedures

C. Effect. The granting of a variance application in whole or in part authorizes the applicant to submit a development application that complies with the standard as varied or modified, and authorizes the decision-maker to evaluate the application using the varied standard, for the duration of the variance. Section Application Requirements A. Who May Apply. A variance application may be filed by a property owner or the applicant for any administrative or quasi- judicial development application. B. A variance application shall be prepared in accordance with Section C. The variance application shall contain a detailed written statement of the reasons why the standards requested to be varied should not be applied. D. The variance application shall be accompanied by the fee established by the City Council. E. A variance application shall be accompanied by illustrations or other documents showing the effect of the requested variance on development to be proposed in the application. F. Time for Filing Application. A variance application must be filed prior to filing of the development application for which the variance is requested. Section Approval Process 1. Upon receipt of a variance application, the Responsible Official shall transmit the application to the Zoning Board of Adjustments for processing and determination in accordance with Section 2. The Responsible Official shall provide personal notification of the public hearing before the Zoning Board of Adjustments in accordance with Section 3. The Responsible Official shall provide a report and analysis on the criteria in Section to the Zoning Board of Adjustments. 4. The Responsible Official shall conduct a public hearing in accordance with Section A. Responsible Official Action

2. Decision on Appeal. The appellate body shall decide the appeal within thirty (30) working days of the close of the public hearing. The appellate body shall affirm, reverse or modify the decision from which the appeal was taken. Section Criteria A. The appellate body shall apply the same criteria that govern the decision on the development application under the provisions of this Chapter 2 unless otherwise stated in this Development Code. Section Expiration and Extension A. For purposes of determining expiration or extension periods under this Development Code, the date of the appellate body’s granting of relief on an appeal is the date on which the development application is deemed approved. A. Purpose. The purpose of a variance application is to vary one or more standards applicable to a development application, subject to the limitations set forth in this section or elsewhere in this Development Code. 1. A variance application shall not be used as a means of amending the text of this Development Code or of changing a zoning district, or other legislative classification of the property for which the variance is sought. 2. A variance application shall not be used as a means to contest the applicability of a standard to a development application, an exemption determination, or a decision on a development application. 3. Variance applications shall be decided by the Zoning Board of Adjustments. A variance application may not be used to vary standards applicable to an application for a legislative decision. B. Applicability. A variance application may be filed to modify any standard other than a use standard which is applicable to an administrative or quasi-judicial development application, unless otherwise specified by this Development Code. Division 2: VARIANCES Section Purpose, Applicability and Effect


San Marcos Development Code Adopted April 17, 2018

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