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RESOLUTION NO. 2016-52R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS DIRECTING CITY STAFF TO RECORD A MEMORANDUM IN THE <br />REAL PROPERTY RECORDS STATING THAT IT IS A VIOLATION OF THE <br />SAN MARCOS CITY CODE TO USE OR ALLOW A DWELLING UNIT TO BE <br />USED FOR OCCUPANCY BY MORE THAN TWO UNRELATED PERSONS <br />WITHIN THE SF -4.5, SF -6, SF -11, DR, TH, OR PH-ZL ZONING DISTRICTS; <br />AND PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />1. The City of San Marcos is one of the fastest growing cities in the United States. It <br />is also acknowledged that Texas State University continues to increase its <br />enrollment and is one of the largest public universities in the state. <br />2. The San Marcos Neighborhood Commission has identified problems that arise <br />when too many unrelated persons occupy residential homes including trash, noise, <br />and parking concerns. <br />3. The city has adopted zoning regulations that prohibit occupancy of dwelling units <br />by more than two unrelated persons in certain residential zoning districts, <br />including SF -4.5, SF -6, SF -11, SF -R, DR, TH, PH-ZL <br />4. The City Council deems it necessary to put potential purchasers on notice that <br />dwelling units within these zoning districts may not be occupied by more than <br />two unrelated persons. <br />5. A recorded memorandum of the occupancy restrictions in the city's zoning <br />regulations would be disclosed to potential purchasers in commitments for title <br />insurance prior to closing of real estate transactions for the sale of dwelling units <br />within occupancy -restricted zoning districts. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The City Manager or his designee is hereby authorized to execute and record a <br />memorandum in the real property records to place potential purchasers on notice that <br />occupancy of a dwelling unit by more than two unrelated persons is prohibited under the <br />city's zoning regulations in single family zoning districts (SF -4.5, SF -6, SF -11, SF -R), <br />Duplex Restricted District (DR), Townhouse District (TH), and Patio Home -Zero Lot <br />Line District (PH-ZL). <br />