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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s GENERA T k. Notwithstanding anything to the contrary,the ZBOA a. The owner's capital investment in structures,fixed cannot amortize the following uses unless it finds that equipment, and other assets(excluding inventory the use is a nuisance and/or that the use presents a and other assets that may be feasibly transferred to risk of imminent destruction of property or injury to another site)on the property before the time the use persons: became nonconforming. 1. The use was already legally operating on the date b. Any costs that are directly attributable to the the annexation proceedings were initiated for the establishment of a compliance date, including property; or demolition expenses, relocation expenses,terminatior of leases,and discharge of mortgages. 2. The use was not already operating on the effective date of annexation, but was planned c. Any return on investment since inception of the use, for the property before the 90th day before the including net income and depreciation. effective date of annexation,and d. The anticipated annual recovery of investment, A. One or more licenses, certificates, permits, including net income and depreciation. approvals,or other form of authorization by a governmental entity were required by law e. A reasonable wind-up period for the nonconforming for the planned land use; and use. B. A completed application for the 3. If the ZBOA,at the first public hearing, requests financial initial authorization was filed with the documentation and/or records from the owner relating to governmental entity before the date the the factors listed directly above,the owner shall provide annexation proceedings were instituted. For said documents and/or records at least thirty(30)days the purpose of this section, a completed before the second public hearing. If the owner does not application is filed if the application includes provide said documentation,the ZBOA is authorized to all documents and other information make its determination of a compliance date based upon designated as required by the governmental any reasonably available public records as well as public entity in a written notice to the applicant. testimony at the hearing. Failure by owner to provide For the purposes of this section,the date the requested financial documents and records shall not the annexation proceedings were instituted prevent the ZBOA from setting a compliance date. means the date the City Council approves D. Ceasing Operations.If the ZBOA establishes a compliance date the ordinance annexing the property. for a nonconforming use,the use must cease operations on 2. Second Public Hearing. If the ZBOA has determined in that date and it may not operate thereafter unless it becomes a the first public hearing that the nonconforming use has an conforming use. adverse effect on nearby properties, it shall hold a second E. Definitions.For purposes of this subsection, "owner" means public hearing to set a date for compliance.The ZBOA the owner of the nonconforming use at the time of the ZBOA s shall, in accordance with the law, provide a compliance determination of a compliance date for the nonconforming use. date for the nonconforming use under a plan whereby the owner's actual investment in the use before the time F. Finality of Decisions that the use became nonconforming can be amortized within a definite time period.The following factors must 1• Decisions that Cannot be Immediately Appealed.A be considered by the ZBOA in determining a reasonable decision by the ZBOA that the continued operation of amortization period: a nonconforming use will have an adverse effect on neighboring property and the ZBOAs decision to schedule 1:10 San Marcos Development Code Adopted April 17,2018