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ORDINANCE NO. 2010-75 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE OF THE CITY OF <br />SAN MARCOS, TEXAS AMENDING CHAPTER 14, ARTICLE 1 OF THE <br />SAN MARCOS CITY CODE BY ADDING A NEW SECTION THAT <br />ESTABLISHES MAXIMUM BUILDING HEIGHTS IN THE <br />DOWNTOWN AREA; INCLUDING PROCEDURAL PROVISIONS; AND <br />PROVIDING AN EFFECTIVE DATE <br />RECITALS: <br />1. In order to maintain the existing scale and density of buildings that contribute to <br />the special character of the downtown area of the City the City Council finds it necessary to <br />establish a maximum height limit for buildings in and near the downtown area of the City. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 14, Buildings and Building Regulations, Article 1, In General, is <br />amended by adding the following Section 14.012 (added text is indicated by underlining <br />Section 14.012. Downtown building height restrictions. <br />. (a) Downtown area subject to restrictions. A downtown building <br />heijzht restricted area is established in the area bounded on the north by Pat <br />Garrison Street and University Drive (extended to the San Marcos River), on the <br />east by the San Marcos River, on the south by the Union Pacific Railroad right-of- <br />way and Martin Luther King, Jr. Drive, and on the west by Comanche Street. <br />(b) Building height limitation. In the downtown building height <br />restricted area as described in subsection (a), the maximum height of a building or <br />structure shall not exceed four stories or 45 feet, whichever is less. <br />SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, <br />sections and subsections may be renumbered and reformatted as appropriate consistent with the <br />numbering and formatting of the San Marcos City Code. <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />• SECTION 5. This ordinance shall become effective upon adoption on second reading. <br />