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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DEVELOPMENT PROCEDURES rn DIVISION 2: APPLICATION FOR OVERLAY DISTRICT 5. Standards to be applied in the overlay which are intended to supersede conflicting standards in the base district; and Section 2.5.2.1 Purposes and Effect 6. Special standards to be applied in the overlay district. A. Purpose.An overlay district is a district for which there are established regulations that combine with the regulations of DIVISION 3: APPLICATION FOR AN EXISTING NEIGHBORHOOD an underlying base district.The purposes of an overlay district REGULATING PLAN shall be to prohibit uses otherwise allowed in the base district, to establish additional or different conditions for uses, or to Section 2.5.3.1 Purpose, Applicability and Effect authorize special uses,together with standards for such uses, not otherwise allowed in the base district. A. Purpose.The purpose of an existing neighborhood regulating plan shall be to authorize a special overlay zoning district to B. Effect.Adoption of an overlay district does not repeal the base ensure compatibility of the development with the surrounding district,and all regulations in the base district shall remain neighborhood. applicable to the uses allowed in the overlay district,except as expressly modified by the regulations for the overlay district. B. Applicability.An approved existing neighborhood regulating In addition, any special standards set forth in the adopting plan shall be required for any property owner requested zoning ordinance shall apply to all development within the overlay map amendment to any of the Neighborhood Density Districts district. described under Section 4.1.2.4 Section 2.5.2.2 Establishment of Overlay Districts C. Effect.Approval of an existing neighborhood regulating plan authorizes the approval or issuance of subsequent requests A. Creation.An overlay district, other than an existing and permits for the property subject to the regulating plan. neighborhood regulating plan, shall be established as an amendment to the text of the zoning regulations in Chapter 4 Section 2.5.3.2 Application Requirements and Chapter 5 of this Land Development Code in accordance A. An application for approval of an existing neighborhood with procedures in Section 2.4.1.1. Overlay zoning districts regulating plan shall be submitted in accordance with the shall also be established on the Zoning Map in accordance with the procedures governing petitions for zoning map universal application procedures in Section 2.3.1.1 except as amendments in Section 2.5.1.1. otherwise provided in this Division 5. B. Enacting Ordinance.In creating an overlay district other than B. Existing neighborhood regulating plans shall consist of one or an existing neighborhood regulating plan,the City Council shall more maps including the following elements where applicable: specify the following standards: 1. The location of proposed base zoning districts; 1. The intent and purpose of the district; 2. The location and number of proposed lots. 2. The types of base districts with which the overlay district 3. The location of existing zoning districts surrounding the may be combined; subject property; 3. Uses allowed by the overlay district which are not 4. The type, location,and number of units of all proposed allowed in the base district and standards and conditions building types under Section 4.4.6.1; applicable to such uses; 5. The type, location, and number of units of all existing 4. Uses otherwise permitted within the base district,which building types surrounding the subject property; are prohibited, limited or restricted within the overlay district, and the standards and conditions constituting 6. The location of any required and proposed transitional such limitations or restriction; protective yards under Section 7.2.2.1; Adopted April 17,2018 San Marcos Development Code 2:29