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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GENERA m either create an additional nonconformity or increase the date of this Development Code or applicable amendments degree of the existing nonconformity of all or any part of such thereto, provided however,that such building permit shall structure. comply with all applicable ordinances in effect on the date such application was filed. B. Non-Conforming Build-To Requirements. Principle structures that do not meet the build-to requirements of the zoning district Section 1.5.1.9 Reinstatement of Nonconforming Rights are subject to Section 4.3.3.3. A. Applicability.A property owner may apply to the ZBOA for a C. Reuse of Abandoned or Vacant Buildings by Conforming change in the status of a nonconforming use or nonconforming Uses Allowed.Buildings or structures which have been vacant structure for the following matters: or abandoned for more than six(6) months and do not meet the current area regulations or development standards shall be 1. Resumption of a nonconforming use previously allowed to be re-occupied by a conforming use. abandoned; D. Restoration of Nonconforming Structures 2. Expansion of the land area of a nonconforming use; 1. Total Destruction.If a nonconforming structure is 3. Expansion of the gross floor area of a nonconforming destroyed by fire,the elements,or other cause, it may structure beyond 25%; not be rebuilt except to conform to the provisions of this 4. Reconstruction of a nonconforming structure that has Development Code unless the rights are fully or partially been destroyed; re-instated by the ZBOA under Section 1.5.1.9. B. Effect.If the ZBOA grants the application for a change 2. Partial Destruction.In the event that a nonconforming in nonconforming status, modifications made in the structure that is devoted in whole or in part to a nonconforming use, structure or lot that are consistent with the conforming use is damaged or destroyed, by any means approved application shall enjoy the same status and shall be other than voluntary demolition,to the extent of 50%or subject to the same limitations as the original nonconformity less the replacement cost of the structure immediately under this Development Code. prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree C. Application Requirements as it was before the damage or destruction, provided that such repair or reconstruction is commenced with 1• Who May Apply.An application for a change in a valid building permit within 12 months of the date of nonconforming status may be filed by a property owner such damage or destruction unless the rights are fully or or the applicant for any administrative or quasi-judicial partially re-instated by the ZBOA under Section 1.5.1.9. development application. E. Relocation.No nonconforming structure shall be relocated in 2. An application for a change in nonconforming status shall whole or in part to any other location on the same or any other be prepared in accordance with Section 2.8.2.1. lot unless the entire structure conforms to the regulations of the D. An application for a change in nonconforming status shall district to which such structure is relocated. contain a detailed written statement of the reasons why the Section 1.5.1.8 Completion of Structures nonconforming rights should be reinstated Nothing herein contained shall require any change in the plans, Section 1.5.1.10 Approval Process construction,or designated use of the following: A. Responsible Official Action A. Building in the Approval Process.A building or structure 1. Upon receipt of an application for a change in for which a complete application for a building permit was nonconforming status,the Responsible Official accepted by the Chief Building Official on or before the effective shall transmit the application to the Zoning Board 1:8 San Marcos Development Code Adopted April 17,2018