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<br />AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS,
<br />STRUCTURES AND LAND; DECLARING THE PURPOSE; PROVIDING FOR CHANGES AND
<br />AMENDMENTS; ESTABLISHING AN OFFICIAL ZONING MAP; ESTABLISHING DEFINITIONS;
<br />DESIGNATING DISTRICTS; PROHIBITING USE; PROVIDING FOR NEWLY ESTABLISHED
<br />TERRITORY; SETTING FORTH USE RESTRICTIONS IN THE SEVERAL DISTRICTS; ESTAB-
<br />LISHING LAND COVERAGE; PROVIDING FOR PARKING; PROVIDING FOR SET-BACK; DE-
<br />FINING NON-CONFORMING USES; PROVIDING FORA BOARD OF ADJUSTMENT; PROVIDING
<br />ENFORCEMENTS AND REMEDIES; CLARIFYING CONFLICTING ORDINANCES; PROVIDING
<br />FOR A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
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<br />BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SAN MARCOS, TEXAS, AS FOLLOWS:
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<br />SECTION 1. PURPOSE:
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<br />A. For the purpose of promoting health, safety, morals, and for the protection
<br />and preservation of places and areas of historical, cultural importance and signi-
<br />ficance, and the general welfare of the community, it has been deemed expedient
<br />and necessary to regulate and restrict the height, number of stories, size of
<br />buildings and other structures, the percentage of the lot that may be occupied,
<br />the size of yards, courts, and other open spaces, density of population, the
<br />location and use of buildings, structures, land designated to be used for residen-
<br />tial, commercial, trade, industry or other purposes; and, in the case of designated
<br />places and areas of historical and cultural importance, to regulate and restrict
<br />the construction, alteration, reconstruction, or razing of buildings and other
<br />structures.
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<br />B. The regulations contained herein have been made with reasonable consideration
<br />in accordance with and designed to conform to, a comprehensive plan, bearing in
<br />mind, the character of the district; its peculiar suitability for particular
<br />uses; the conservation of the value of buildings; and, encourage the most appro-
<br />priate use of the land within the area. Of paramount concern has been: to
<br />lessen congestion in the streets; to secure safety from fire, panic and other
<br />dangers; to promote health and general welfare of the citizens; to provide
<br />ade~uate light and air; to prevent overcrowding of land; to avoid undue concen-
<br />tration of population; to facilitate the ade~uate provision of transportation,
<br />water, sewerage, schools, parks, and other public reQuirements.
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<br />SECTION 2. CHANGES AND AMENDMENTS:
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<br />Such regulations, restrictions and boundaries as are contained herein may,
<br />from time to time, be amended, supplemented, changed, modified, or repealed.
<br />Prior to taking action on any amendment, supplement, change, modification, or
<br />re~<0"the Governing Body shall:
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<br />A. Submit the swne to the Planning and Zoning Commission for their recom-
<br />mendation and report; and,
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<br />B. No regulation, restriction or boundary change shall become effective
<br />until after a public hearing in relation thereto, at which parties in interest
<br />and citizens shall have an opportunity to be heard. At least 15 days notice of
<br />the time and place of such hearing shall be published in an official paper, or a
<br />paper of general circulation, in the City of San Marcos, Texas.
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<br />C. Unless such amendment, supplement, change, modification or repeal
<br />has been approved by the Planning and Zoning Commission, or if a protest agai~
<br />the same has been filed with the City Sec~ary, duly signed and acknowledged
<br />by the owners of 20% (twenty percent) or mor~~of the area of lots included
<br />in such proposed change, or of those immediately adjacent in the rear thereof
<br />extending 200 feet therefrom, or of those directly opposite thereto extending 200
<br />feet from the street frontage of such opposite lots, such amendment shall not be-
<br />come effective except by favorable vote of three-fourths of all the members of
<br />the legislative body of the City of San Marcos. The provisions of Subsection B,
<br />above, relative to public hearing and official notice shall apply e~ually to all
<br />changes and amendments.
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<br />SECTION 3. OFFICIAL ZONING ~P:
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<br />The Official Zoning Map of the City of San Marcos shall be kept in the official
<br />files of the City Secretary. Copies shall be maintained in the office of the City
<br />Manager, the City Planner, th official files of the Planning and Zoning Commis-
<br />sion, the Chief Inspector, the City Engineer and the office of the Tax Assessor-
<br />Collector. The Map entitled ZING MAP OF THE CITY OF SAN MARCOS, TEXAS, shall
<br />constitute an official part of his Ordinance as hereinafter set out.
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