Ord 1980-041 - Laserfiche WebLink

Home Browse Search

3. In hearing and deciding appeals, to grant special exceptions in the following instances: a. Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the ordinance, as shown on the maps fixing the several districts, accompanying and made a part of this ordinance, where the street layout actually on the ground varies from the street layout as shown on said maps. I b. Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provisions of parking or loading facilities, or where such regulations would impose an un~easonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. c. Permit the reconstruction of a nonconforming building which has been damag~d to the extent of more than fifty percent (50%) of its replacement cost. d. If no structural alterations are made, any nonconforming use of structure, or structure and premises in combination, may, as a special exception, be changed to another nonconforming use, provided the Board of Adjustment shall that the proposed nonconforming use is not more nonconforming in the district as the previously existing nonconforming use. 4. In permitting such exceptions, the Board of Adjustment may require any conditions and safeguards as it shall deem appropriate to see the purpose and intent of this ordinance are met, and the violation of any such conditions or safeguards shall constitute a violation of this ordinance. I 5. In exercising the above-mentioned powers, the board may, in conformity with the provisions of Article 1011a-j V.A.T.S., and this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 6. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determi- nation of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in such ordinance. D. Administrative Cost The Board of Adjustment and Appeals, with the concurrence and approval of the City Council, shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing requests and the public hearings called for by this Article. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant1s ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the City. I SECTION 28 - ENFORCEMENTS AND REMEDIES 1. Director of Planning: The provisions of this Ordinance shall be administered and enforced by the Director of Planning or his duly authorized representative of the City of San Marcos. 2. Right to Enter: The Director of Planning or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the duties in the enforcement -49-