All districts
Variances are decided by the Zoning Board of Adjustments after a public hearing (Sec. 2.8.2.1). A variance can modify any standard other than a use standard; it cannot change the code text or the zoning district. The application must be filed before the underlying development application, and the applicant bears the burden of proof. The nine criteria in Sec. 2.8.2.4 require special circumstances of the land creating unnecessary hardship not self imposed and not merely economic, no detriment to public health or safety, and the minimum variance necessary. A granted variance expires in 90 days if the development application is not filed, with a possible extension up to one year. Confirm the current code text, any overlay or historic district, and any planned development or regulating plan conditions with the San Marcos Planning Division before relying on this cell.