Ord 2004-033 - Laserfiche WebLink

Home Browse Search

(3) The city wishes to encourage new construction in areas within and near the downtown historic district and central business area zoning district which will be appropriate to the surroundings and in a form that will not adversely affect the downtown area of the city. (4) Construction on properties outside of, but near, the downtown historic district and central business area zoning district can impact the downtown historic district and central business area zoning district as a result of development which fails to maintain a human- scale of architecture and a pedestrian-oriented environment as a result of blocking air and light, and increasing building density. Sec. 114.566. Establishment of overlay district. A downtown building height overlay district is established in the area bounded on the north by Pat Garrison Street and University Drive (extended to the San Marcos River), on the east by the San Marcos River, on the south by the Union Pacific Railroad right-of-way and Martin Luther King, Jr. Drive, and on the west by Comanche Street. The official zoning map ofthe city as described in Section 114.029 of this Code is amended to incorporate this area as the downtown building height overlay district. Sec. 114.567. Height limitation. In the downtown building height overlay district, the maximum height of a building or structure shall not exceed four stories or 45 feet, whichever is less. SECTION 2. 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 3. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subj ect to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. This Ordinance will remain in effect for a two-year period beginning on its effective date, and it shall be automatically repealed on the second anniversary of that date unless continued in effect by express action of the City Council. PASSED AND APPROVED on first reading May 24, 2004 PASSED AND APPROVED on second reading June 14,2004 PASSED, APPROVED AND ADOPTED June 28, 2004 2