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Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an
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Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an
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2018-02
Date
4/17/2018
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a <br /> GENERA <br /> m <br /> DIVISION 6: SEVERABILITY ARTICLE 5: NONCONFORMITIES <br /> Section 1.4.6.1 Severability <br /> DIVISION 1: GENERAL <br /> If any Court of competent jurisdiction rules any provision of this <br /> Development Code invalid,that ruling shall not affect any provision Section 1.5.1.1 Intent of Provisions <br /> not specifically included in the judgment. If any Court of competent <br /> jurisdiction rules invalid the application of any provision of this A. Purpose.The purpose of this article is to establish provisions <br /> Development Code to a particular property, building, structure, for the allowance and potential alteration of uses, lots and/or <br /> Improvement, development, or use,that ruling shall not affect the structures which do not conform to currently applicable zoning <br /> application of the Development Code provisions to any property, standards or regulations, but which were in conformance with <br /> building, other structure,or use not specifically included in the standards in place at the time of their inception, and have been <br /> judgment. rendered nonconforming due to a change in the applicable <br /> standards and regulations. <br /> The provisions of this Development Code are hereby declared to be 1. Nonconformities occur in three(3) general categories: <br /> valid and enforceable, notwithstanding inadvertent and/or clerical lots, structures, or uses, or combinations thereof. <br /> error(s); such error(s)as may exist shall not affect the validity or <br /> intent of the associated provisions, nor that of the remainder of the B. Intent. It is the declared intent of this section that any <br /> Development Code provisions hereunder. modification to nonconforming uses and structures result in <br /> greater conformance with this Development Code such that <br /> nonconforming uses and structures eventually come into full <br /> compliance with this Development Code. <br /> C. Incompatible Uses.Notwithstanding anything to the contrary, <br /> nonconforming uses are hereby declared incompatible with the <br /> permitted uses in the districts involved. <br /> Section 1.5.1.2 Establishment of Legal Nonconforming <br /> Status <br /> A. Existence. For purposes of interpretation of Section 1.5.1.2, <br /> any uses,structures and/or lots which in whole or part are <br /> not in conformance with current zoning standards shall be <br /> considered as follows: <br /> 1. Legal Nonconforming.Those uses, structures or lots <br /> which in whole or part are not in conformance with <br /> current zoning standards, but were legally established at <br /> a prior date at which time they were in conformance with <br /> applicable standards.Such uses,structures or lots may be <br /> maintained or potentially altered subject to the provisions <br /> of this Section. <br /> 2. Illegal Status.Those uses, structures or lots which in <br /> whole or part are not in conformance with current zoning <br /> standards and were not in conformance with applicable <br /> standards at the time of their inception shall not be <br /> 1:6 San Marcos Development Code Adopted April 17,2018 <br />
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