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ORDINANCE 1985-77 132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 14 1/2-2(a) OF CHAPTER 14 1/2 OF THE CODE OF ORDINANCES OF SAID CITY TO ADD THERETO A DEFINITION OF "BUFFERYARD" IN PROPER ALPHABETICAL SEQUENCE AND TO RENUMBER THE REMAINING DEFINITIONS THEREIN; AMENDING SECTION 14 1/2-5(d) OF SAID CHAPTER OF SAID CODE TO ADD THERETO ~ SUBSECTIONS (1) AND (2), SETTING FORTH :; REQUIREMENTS PERTAINING TO DRAINAGE WAYS ~ AND EXCEPTIONS TO SAID REQUIREMENTS; AMENDING SECTION 14 1/2-5 OF SAID CHAPTER OF SAID CODE TO ADD THERETO SUBSECTIONS (e), (e)(l), (e)(2), (e)(3), (f), (f)(l), ( f) ( 2) , ( f) ( 3 ) , ( g) , ( g) ( 1) AND (h) , SETTING FORTH CONSTRUCTION PHASE REQUIREMENTS, REQUIREMENTS PERTAINING TO DISEASED OR DANGEROUS TREES AND VEGETATION, BUFFERS AND OPEN SPACE REQUIREMENTS; AMENDING SECTION 14 1/2-7 OF SAID CHAPTER OF SAID CODE, TO CHANGE THE WORDS "EXCEPTION" AND "EXCEPTIONS" TO "VARIANCE" AND "VARIANCES", RESPECTIVELY, WHEREVER THEY APPEAR IN SAID SECTION AND PROVIDING FOR THE PLANTING OF TREES IN LIEU OF RETENTION OF NATURAL OR EXISTING TREES IN OPEN SPACE, SETBACK, BUFFER AFEAS AND DRAINAGE WAYS, IN CERTAIN INSTANCES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of San Marcos, Texas, hereby finds and determines that it is in the interest of the public health, safety and welfare to adopt the following ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 14 1/2-2(a) of Chapter 14 1/2 of the Code of Ordinances of the City of San Marcos, Texas, is hereby amended to add, in proper alphabetical sequence, the following definition: Sec. 14 1/2-2. Definitions. . . . (3) Bufferyard: A land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. Bufferyards may be required to include fences, walls, berms, as well as shrubs and trees. and the remaining definitions therein be renumbered accordingly. SECTION 2. That Section 14 1/2-5(d) of Chapter 14 1/2 of the Code of Ordinances of the City of San Marcos, Texas, is hereby amended to add thereto subsections (1) and (2) which shall read as follows: Sec. 14 1/2-5. General requirements. . . . (d) ... (1) Drainage ways. Damage to vegetation shall be minimized such that all living trees shall be retained within the San Marcos River Corridor as defined in Chapter 36 of this Code;