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Ord 2004-092
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Ord 2004-092
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Last modified
6/2/2008 1:25:19 PM
Creation date
8/27/2007 9:05:40 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2004-92
Date
12/13/2004
Volume Book
159
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<br />41 <br /> <br />41 <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 5 Zoning Procedures <br /> <br />subject to standards and conditions that assure compatibility with adjoining uses. <br />Conditional uses are those uses which are generally compatible with the permitted <br />land uses in a given zoning district, but which require individual review of their <br />proposed location, design and configuration, and the imposition of conditions in order <br />to ensure the appropriateness of the use at a particular location within a given zoning <br />district. Only those uses enumerated as conditional uses in a particular zoning <br />district, or those nonconforming uses which are damaged or destroyed, and which are <br />permitted to be reestablished under this Land Development Code, shall be authorized <br />as conditional uses. <br /> <br />(b) Applicability. A Conditional Use Permit is required to use or develop property within <br />the City limits for any use designated as a conditional use in the Land Use Matrix in <br />Chapter 4 of this Land Development Code for the zoning district in which the <br />property is located. The Conditional Use Permit application must be accompanied by <br />a Site Plan prepared in accordance with Section 1.5.7.3 of this chapter. <br /> <br />(c) Exceptions. A Conditional Use Permit shall not be required to use or develop <br />property for any use designated as a permitted use in the land use matrix in Chapter 4, <br />Article I of this Land Development Code for the zoning district in which the property <br />is located, or any use authorized in a planned development PD district. <br /> <br />(d) Effect. Approval of a Conditional Use Permit authorizes the use or development of <br />the property in accordance with the conditions of the permit. Approval of a <br />Conditional Use Permit shall be deemed to authorize only the particular use for which <br />the permit is issued and shall apply only to the property for which the permit is issued <br />(i.e., it is not personal to the applicant), except for uses authorized under Section <br />4.3.4.2 or Section 4.3.4.3 of this Code. No conditionally permitted use shall be <br />enlarged, extended, increased in intensity or relocated unless an application is made <br />for a new Conditional Use Permit in accordance with the procedures set forth in this <br />section. Initiation or development of the use shall not be authorized until the <br />applicant has secured all the permits and approvals required by this Land <br />Development Code. <br /> <br />Section 1.5.7.2 <br /> <br />Sequence of Approvals <br /> <br />(a) Prior Approvals. An application for a Conditional Use Permit shall not be approved <br />unless the following petitions or development permits, where applicable, have been <br />approved and remain in effect for land to be subject to the proposed Conditional Use <br />Permit. <br /> <br />(1) All legislative applications; <br /> <br />(2) Watershed Protection Plan (Phase 2); and <br /> <br />City of San Marcos, Texas <br /> <br />Land Development Code - Final <br /> <br />1-71 <br />
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