Ord 2020-059/amending various sections of the City’s Development Code to, among other things, address recommendations from the Alcohol Conditional Use Permit Committee, the Housing Task Force, the Historic Preservation Commission, and recommendations from

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h. The extent to which public disturbances and 2. Second Public Hearing. If the ZBOA has determined in nuisances may be created or perpetuated by the first public hearing that the nonconforming use has an continued operation of the use. adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The ZBOA i. The extent to which traffic or parking problems may shall, in accordance with the law, provide a compliance be created or perpetuated by continued operation of date for the nonconforming use under a plan whereby the use. the owner's actual investment in the use before the time j. Any other factors relevant to the issue of whether that the use became nonconforming can be amortized continued operation of the use will adversely affect within a definite time period. The following factors must nearby properties. be considered by the ZBOA in determining a reasonable amortization period: k. Notwithstanding anything to the contrary,the ZBOA cannot amortize the following uses unless it finds that a. The owner's capital investment in structures,fixed the use is a nuisance and/or that the use presents a equipment, and other assets (excluding inventory risk of imminent destruction of property or injury to and other assets that may be feasibly transferred to persons: another site) on the property before the time the use became nonconforming. 1. The use was already legally operating on the date the annexation proceedings were initiated for the b. Any costs that are directly attributable to the property; or establishment of a compliance date, including demolition expenses, relocation expenses,termination 2. The use was not already operating on the of leases, and discharge of mortgages. effective date of annexation, but was planned for the property before the 90th day before the c. Any return on investment since inception of the use, effective date of annexation, and including net income and depreciation. A. One or more licenses, certificates, permits, d. The anticipated annual recovery of investment, approvals, or other form of authorization by including net income and depreciation. 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 the ordinance annexing the property. 1:10 San Marcos Development Code Amended: September 1, 2020