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<br />Section B. Separability Clause.
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<br />If any section, clause, paragraph, sentence, or phrase of
<br />this Ordiannce shall, for any reason, be held to be invalid or
<br />unconstitutional, such invalid section, clause, paragraph,
<br />sentence, or phrase is hereby declared to be severable; and any
<br />such invalid or unconstitutional section, clause, paragraph,
<br />sentence, or phrase shall in no way affect the remainder of this
<br />Ordinance, and it is, hereby, declared to be the intention of the
<br />Council that the remainder of this Ordinance would have been
<br />passed notwithstanding the invalidity or unconstitutionality of
<br />any section, clause, paragraph, sentence, or phrase thereof.
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<br />Section C. Penalty for Violation of Ordinance.
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<br />Any person violating any provision of this Ordinance within
<br />the corporate limits of the City of San Marcos, shall be guilty of
<br />a misdemeanor, and' upon conviction, shall be fined an amount not
<br />exceeding Two Hundred Dollars ($200.00). Each day that such
<br />violation continues shall be a separate offense. Prosecution or
<br />conviction under this provision shall never be a bar to any other
<br />remedy or relief for violations of this Ordinance.
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<br />Section D. Variances.
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<br />The Commission may authorize a variance from these regulations
<br />when, in its opinion, undue hardship will result from requiring
<br />strict compliance; however, pecuniary hardship to the subdivider,
<br />standing alone, shall not be deemed to constitute undue hardchip.
<br />In granting a variance, the Commission shall prescribe only
<br />conditions that it deems necessary to or desirable in the public
<br />interest. In making the findings hereinbelow required, the
<br />Commission shall take into account the nature of the proposed use
<br />of the land involved, existing uses of land in the vicinity, the
<br />number of persons who will reside or work in the proposed subdivision,
<br />and the probable effect of such variance upon traffic conditions and
<br />upon the public health, safety, convenience, and welfare in the
<br />vicinity. No variance shall be granted unless the Commission finds:
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<br />1. That there are special circumstances or conditions
<br />affecting the land involved such that the strict
<br />application of the provisions of this Ordinance would
<br />deprive the applicant of the reasonable use of his land;
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<br />2. That the variance is necessary for the preservation and
<br />'enjoyment of a substantial property right of the
<br />applicant;
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<br />3, That the granting of the variance will not be
<br />detrimental to the public health, safety, or welfare,
<br />OT injurious to other property in the area; and
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<br />4.
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<br />That the granting of the variance will not have the effect
<br />of preventing the orderly subdivision of other land in
<br />the area in accordance with the provisions of this
<br />Ordinance. Such findings of the Commission, together with
<br />the specific facts upon which such findings are based,
<br />shall be incorporated into the official minutes of the
<br />Commission meeting at which such 9ariance is granted.
<br />Variances may be granted only when in harmony with the
<br />general purpose and intent of this Ordinance so that the
<br />public health, safety, and welfare may be secured and
<br />substantial justice done.
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<br />Section E. ~.
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<br />Any subdivider contesting any disapproval and/or the interpre-
<br />tation aDd/or the application of any rule; standard, regulation,
<br />determination, requirement, or necessity set forth in this Ordinance
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