Ord 2021-088/amending Table 2.1 and Section 2.5.5.3(A)(1) to require posted notice of a Public Hearing before the Historic Preservation Commission regarding a request for a certificate of appropriateness; amending Section 4.5

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ORDINANCE NO. 2021-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING THE CITY'S DEVELOPMENT CODE AS FOLLOWS: AMENDING TABLE 2.1 AND SECTION 2.5.5.3(A)(1) TO REQUIRE POSTED NOTICE OF A PUBLIC HEARING BEFORE THE HISTORIC PRESERVATION COMMISSION REGARDING A REQUEST FOR A CERTIFICATE OF APPROPRIATENESS; AMENDING SECTION 4.5.2.1(N)(2) TO ELIMINATE THE LIMITATION OF ALLOWING ONLY ONE DEMOLITION BY NEGLECT CASE TO BE CONSIDERED PER QUARTER; AND AMENDING SECTION 4.5.2.1(N)(3) TO REQUIRE NOTICE BY CERTIFIED MAIL TO THE OWNER OF A PROPERTY BEING CITED FOR DEMOLITION BY NEGLECT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council hereby finds and determines that the adoption of the following ordinance is in the interest of the public health, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The San Marcos Development Code, Subpart B of the San Marcos City Code, is amended as set forth in Exhibit A, attached hereto and made a part hereof for all purposes. Added text is indicated by underlining. Deleted text is indicated by strikethroughs. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on October 19, 2021. PASSED, APPROVED AND ADOPTED on second reading on November 3, 2021.