San Marcos Development Code

2 C H A P T E R

Development Procedures

c. Creates an undue hardship on the surrounding properties;

renewal shall be conducted by the commission who shall have authority to grant or deny the renewal.

D. Procedure.

d. Does not serve its intended purpose;

1. For each neighboring church or school that is within the distances of the proposed restaurant, as described in and measured in accordance with Section, the proposed restaurant shall present a letter describing the operation characteristics of the restaurant and shall obtain a statement signed by the governing officer of the board of any such church or school stating that the church or school does not oppose the granting of the distance variance based on the operation characteristics stated in the letter. 2. The business must agree, in writing, to restrict its operation characteristics as set forth in the request to the church or school, as may have been set forth in the request to the church or school. These operating characteristics shall be included in the conditional use permit. 3. The business shall agree to file an annual report, due forty-five (45) days before the hearing on the annual conditional use permit renewal, setting forth the gross sales of the business and the gross sales derived from the sale of alcoholic beverages. 1. The Planning and Zoning Commission shall hold a hearing to consider the applicant’s request for variance. 2. All property owners within two hundred (200) feet shall be notified and, in addition, all public and private schools and churches within three hundred (300) feet shall be notified. 3. At the conclusion of the hearing on the initial application for a variance, the Planning and Zoning Commission shall rule on the request for a variance. If the Planning and Zoning Commission denies the applicant’s request for a variance they shall include findings of fact to show that the location or the restaurant:

e. Is not effective or necessary: or


Any other reason the Planning and Zoning Commission finds after consideration of the health, safety, and welfare of the public and the equities of the situation.


Section Purpose, Applicability, Exceptions and Effect A. Purpose. The purpose of a request for alternative compliance is to allow the modification of certain development standards where the modification is compatible and consistent with the character and intent of the applicable district and where the modification shall not substantially and adversely affect the adjacent property or the use thereof. 1. Alternative compliance requires individual review in order to ensure the appropriateness of the standard, as modified, within a given district. B. Applicability. Alternative compliance may be requested and granted only for those standards with respect to which this Development Code specifically provides may be the subject of alternative compliance. C. Effect. Approval of alternative compliance and all other required development permits authorizes the development of the property in accordance with standards, as modified by the alternative compliance, and other development permits. 1. Approval of an alternative compliance request shall be deemed to authorize the requested modified standard only with respect to the particular standard, situation and circumstance for which it is granted and shall apply only to the property for which it is granted (i.e., it is not personal to the applicant).

E. Hearing.

a. Is not in the best interest of the public;

2. No alternative compliance may be enlarged, extended, increased in intensity or relocated unless a new alternative compliance is granted in accordance with this Section.

b. Would constitute waste or inefficient use of land or other resources;


Adopted April 17, 2018 San Marcos Development Code

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