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<br />86
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<br />ORDINANCE 1985-9lR
<br />
<br />AN ORDINANCE OF 'IRE CITY COUNCIL OF TI-lE CITY OF SAN
<br />MARCOS, TEXAS, DECLARING A MORAIORIUM UNTIL DECEMBER
<br />31, 1985, ON THE CONSTRUCTION OF AND BUILDING PERMITS
<br />FOR OUTDOOR ADVERTISING SIGNS ANYWHERE WITHIN THE
<br />JURISDICTION OF THE CITY OF SAN MARCOS; DECLARING THE
<br />PURroSE OF THIS ORDINANCE 10 BE REMEDIAL; AND DECLARING
<br />AN EMERGENCY.
<br />
<br />
<br />
<br />WHEREAS, the City staff has recently conducted workshops and made
<br />presentation to City commissions and community organizations in San
<br />Marcos concerning sign regulation; and,
<br />
<br />WHEREAS, citizens at these workshops and presentations have
<br />expressed overwhelming disapproval of large off-premise outdoor
<br />advertising signs in San Marcos; and,
<br />
<br />WHEREAS, the City staff is preparing an ordinance regulating
<br />advertising signs in San Marcos; and,
<br />
<br />WHEREAS, applications for large, off-premise outdoor advertising
<br />signs are pending or have been recently granted in San Marcos in
<br />anticipation of City Council action to regulate such activity; and,
<br />
<br />WHEREAS, the Master Plan for the City of San Marcos provides that
<br />the City shall".. .take measures to preserve the.. .scenic beauty of
<br />San Marcos..." and the City Council finds that certain types of outdoor
<br />advertising signs can destroy that scenic beauty (see Goal 1,
<br />Environmentally Sensitive Areas, Land Use Element, San Marcos Master
<br />Plan); and,
<br />
<br />WHEREAS, the Master Plan for the City of San Marcos provides that
<br />the City shall "Draft and adopt a sign ordinance" regulating signs
<br />(Page IV-39, Land Use Element, San Marcos Master Plan); and,
<br />
<br />WHEREAS, the City Council of the City of San Marcos desires to
<br />maintain the status quo until such time as it has throughly and
<br />carefully considered proposals for sign regulation in San Marcos; and,
<br />
<br />WHEREAS, the City Council believes that maintaining the status
<br />quo is in the best interest of the City of San Marcos and its citizens
<br />and will prorrote the health, safety and general welfare of the
<br />citizens and preserve the scenic beauty of the City of San
<br />Marcos, thereby, prorroting the econormc viability of the tourist
<br />industry and preserving an essential element of the quality of
<br />li fe in San Marcos; and,
<br />
<br />WHEREAS, the City Council approved a IIDratorium on off-premise
<br />outdoor advertising signs within the City limits of San Marcos on July
<br />29,1985, and,
<br />
<br />WHEREAS, on September 1, 1985, a new law, Article 10150, V.A.T.S.,
<br />OUtdoor Signs - State and Local Regulation, went into effect
<br />giving cities the right to regulate outdoor advertising signs anywhere
<br />within the extraterritorial jurisdiction; now, therefore,
<br />
<br />BE IT ORDAINED BY THE CITY COUNCIL OF TI-lE CITY OF SAN MARCOS,
<br />TEXAS:
<br />
<br />SECTION 1. That from and after the effecti ve date of this
<br />Ordinance and until an Ordinance regulating signs is adopted by the San
<br />Marcos City Councilor until December 31,1985, which ever comes first,
<br />no building permits shall be issued for nor shall
<br />construction of off-premise outdoor advertising signs be permitted
<br />anywhere within the city limits of the City of San Marcos or within
<br />its extraterritorial jurisdiction, except for those signs for which
<br />applications for building permits 'Were on file on July 26, 1985.
<br />
<br />SECTION 2. OFF-PREMISE OUTDOOR ADVERTISING SIGN: A sign,
<br />including its supporting structure, which is erected out of doors and
<br />maintained for a purpose other than to specifically serve or relate to
<br />the premises on which it is located, and which does not refer
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