Ord 1983-037 - Laserfiche WebLink

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amended to read as follows: Section H (4) (g) g. If an owners' association or condominium regime is provided for, a legal opinion by an attorney licensed to practice law in the State of Texas, accurately describing and defining the rights and duties of the owners, the legal status of common areas and facilities, and provisions for taxation and maintenance of such areas shall accompany each subdivision with townhouse lots. Such document shall be reviewed by the City Attorney, and a report on the opinion shall be provided to the Planning Commission prior to final approvaL SECTION 21. That Section 14 1/2-7 of the Code of Ordinances, City of San Marcos, Texas, is hereby amended to read as follows: Section 14 1/2-7. Exceptions. The Zoning Commission of the City shall have the power to grant exceptions in special cases where the paved area is less than ten thousand (10,000) square feet, and where there are unusual and practical diffi- culties or unnecessary hardships created in meeting the requirements of this chapter. The guidelines to be used in determining whether an exception should be granted are as follows: (1) That meeting the requirements of this chapter would prohibit an owner of property from using land for a use that the zoning ordinance expressly permits. (2) That the hardships or difficulties of meeting the requirements of this chapter are peculiar to that property and not general in character. (3) That the lack of landscaping will not be detrimental to adjoining property or the health, safety, and welfare of the general public. ( 4) That the hardships and difficulties of the land- scaping and/or buffering are greater than the benefits derived by the general public. Financial hardship due to meeting the requirements of this chapter is not alone sufficient to grant an exception. SECTION 22. That Section 14 1/2-9 of the Code of Ordinances, City of San Marcos, Texas, is hereby amended to read as follows: Section 14 1/2-9. Zoning Commission to act as appeals board for violations. There is hereby established an appeals board for violations of this chapter. The Zoning Commission of the City shall serve and perform the duties of such appeal board under the procedures established for that board herein contained; (1) If the appeals board sustains the enforcing official, it shall find: a. That the facts as stated in the written notice of violation are correct and that the situation covered by the notice lS, in fact, a violation of the chapter; and -8-