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ORDINANCE NO. 2019-41 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 2 OF THE SAN MARCOS <br />DEVELOPMENT CODE BY REQUIRING A 90 -DAY REVIEW PERIOD <br />FOR APPLICATIONS TO DEMOLISH CERTAIN QUALIFYING <br />HISTORIC AGED BUILDINGS; REQUIRING ADVANCE PUBLIC <br />NOTICE OF THE PROPOSED DEMOLITION OR REMOVAL OF ANY <br />SUCH BUILDING; PROVIDING EXCEPTIONS TO SUCH REVIEW <br />PERIOD FOR ANY PART OF A BUILDING THAT IS NOT <br />HISTORICALLY SIGNIFICANT; PROVIDING FOR PENALTIES; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF <br />ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE <br />DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Section 2.7.3.1(B) of the San Marcos Development Code, Subchapter B of <br />the San Marcos City Code, is amended by adding a new subsection 3, as set forth below. Added <br />text is indicated by underlining. <br />DIVISION 3: CONSTRUCTION PERMITS <br />Section 2.7.3.1 Purpose, Applicability, Exceptions and Effect <br />A. Purpose. Approval of a construction permit confirms that the application <br />conforms to all requirements of this Development Code pertaining to the <br />construction of the proposed structure. <br />B. General Applicability. A construction permit is required prior to the <br />construction, demolition, alteration or placement of a structure on a lot, tract or <br />parcel. <br />1. Applicability related to Building Permits. An application for a building <br />permit is required within the city limits, or in the city's extraterritorial <br />jurisdiction when provided for in a development agreement or when tying into <br />the City's water, wastewater or electric utility. <br />2. Applicability related to Certificates of Occupancy. A certificate of <br />occupancy must be obtained prior to habitation, occupation, or use of any <br />structure, within the city limits, or in the city's extraterritorial jurisdiction when <br />provided for in a development agreement. <br />3. Applicability to Demolition Permits for Historic Age Resources. All <br />applications for demolition of a building shall be subject to review in <br />