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64 ORDINANCE 1985-102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 40 ( C) ( 3) OF THE GENERAL ZONING ORDINANCE OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING A SECTION PROVIDING FOR A SPECIAL EXCEPTION FOR THE EXPANSION OF A NON-CONFORMING USE UNDER CERTAIN CONDITIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 40(C)(3) of the General Zoning Ordinance of the San Marcos Code of Ordinances be amended by the addition of subsection (e) to read as follows: Sec. 40. Board of adjustments, quorum, procedures for appeals, and powers of the board. . .. (C)(3) . . . ( e) Permit the City to issue a building permit for expansion of a pre-existing non-conforming use that is not in compliance with the Land Use Map and/or zoning district when the Zoning Board of Adjustments determines that this special exception will not adversely impact water, wastewater, drainage and street transportation systems and is in accord with all city codes and all applicable master plan policies. Adverse impact means any of the following conditions which can be reasonably expected to result from the proposed development: 1.) Wastewater--a septic system within 300 feet of an existing sewer line; any use whose proposed connection to a sewerage system (wastewater collection and treatment system) which is now at or beyond its capacity as calculated using Texas Department of Water Resources standards design criteria, including a sewer line or pipe which overflows primarily due to infiltration and inflow; any use which cannot be served adequately without the expenditure of City funds in excess of the amount paid by the user's capital recovery fees; any use whose plumbing and wastewater system does not conform to City specifications; any use which would create off-site anyone of the above conditions. 2.) Wat~£--lowering water quantity, quality, or water pressure below the standards established by the Master Plan, adopted in City codes, or as determined by applicable agencies of the State of Texas; any water demand on an existing water system which is below established standards (water demand includes that required to adequately fight fires) .