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 San Antonio
 Unified Development Code
 Article IV. PROCEDURES
 Division 1. GENERAL

  § 35-410. Procedures for Statutory Rights (Chapter 245).  

Latest version.

  • The purpose of this section is to provide standard procedures for recognition of rights under Chapter 245 of the Texas Local Government Code (Chapter 245).

    (a)

    Applicability. The provisions of this section apply to any application for a permit by which an applicant desires recognition of rights under Chapter 245. The provisions of this section do not apply where an applicant does not desire recognition of rights under Chapter 245.

    (b)

    Initiation. A request for recognition of Chapter 245 permit rights may be initiated by the submission of an application containing written information that provides the city fair notice of the project and nature of the permit sought, provided that such written information includes a description of each land use (residential, multi-family, commercial or industrial) by acreage. Applications containing this information may include but not be limited to plats, MDPs, building permits, or utility service agreements (with the supporting engineering report in conformance with the San Antonio Water System utility service regulations).

    (c)

    Decision. The director of development services shall then review the request to ascertain that all information required by Chapter 245 for review for fair notice purposes has been submitted. The Director will notify an applicant of any incomplete filing within ten (10) business days, unless a shorter notification period is required in other sections of the City Code.

    (d)

    Approval Criteria. Chapter 245 rights will be recognized when a complete permit application for a project that provides the city fair notice of that project has been received by the city. To accrue Chapter 245 rights effective on the date of the filing of the original application, the application providing fair notice and the nature of the permit sought, must be complete within forty-five (45) days of the original application filing. Applications not deemed complete within forty-five (45) days will accrue rights on the date of completeness.

    (e)

    Amendments to a Project or Permit. Chapter 245 rights after a project or permit is modified shall be determined in accordance with section 35-715.

(Ord. No. 2014-08-14-0581, § 4, 8-14-14)

Editor's note

Ord. No. 2014-08-14-0581, § 4, adopted August 14, 2014, amended section 35-410 in its entirety to read as herein set out. Formerly, section 35-410 pertained to fair notice, and derived from Ord. No. 2006-02-16-0241, § 2, adopted February 16, 2006.