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Ord 2011-019
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Ord 2011-019
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Last modified
3/8/2022 3:03:20 PM
Creation date
5/11/2011 11:20:31 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
2011-19
Date
5/3/2011
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ARTICLE 1. GENERAL TO ALL PLANS <br />San Marcos, Texas <br />ARTICLE 1. GENERAL TO ALL PLANS <br />1.1. AUTHORITY <br />1.1.1. The adoption of this Code is authorized under Chapters 211 and 212 of the Texas <br />Local Government Code. <br />1.1.2. This Code was adopted as one of the instruments of implementation of the public <br />purposes and objectives of the City's Comprehensive Plan. This Code is declared <br />to be in accord with the City's Downtown Master Plan and Comprehensive Plan. <br />1.1.3. This Code was adopted to promote the health, safety and general welfare of the City <br />and its citizens, including protection of the environment, conservation of land, energy <br />and natural resources, reduction in vehicular traffic congestion, more efficient use <br />of public funds, health benefits of a pedestrian environment, historic preservation, <br />education and recreation, reduction in sprawl development, and improvement of <br />the built environment. <br />1.1.4. Amendments to this Code shall be in accordance with the procedures for amend- <br />ments to the City's Land Development Code ( "LDC "). <br />1.2. APPLICABILITY <br />1.2.1. As applied to the interpretation of this Code, the word "shall" is mandatory, the word <br />"should" is recommended; and the word "may" is permissive. <br />1.2.2. Except as otherwise indicated in this Code the provisions of this Code, when in <br />conflict, shall take precedence over and supersede those of the LDC and other City <br />codes, ordinances, regulations and standards. The provisions of the LDC and such <br />other City codes, ordinances, regulations, and standards shall otherwise continue <br />to be applicable to issues not covered by this Code. <br />1.2.3. The following City codes, ordinances, regulations, and standards shall continue to <br />apply to development of land in the City: those mandated by state or federal law; <br />environmental health and safety ordinances and regulations, including the Edwards <br />Aquifer Authority regulations, water quality regulations, building codes under chap- <br />ter 14 and fire codes under chapter 38 of the City Code; the requirements of any <br />Historic Overlay District under Chapter 4 of the LDC; ordinances and regulations <br />governing the sale or consumption of alcoholic beverages and ordinances and <br />regulations governing the location and operation of adult- oriented business. When <br />any ordinance requires a conditional use permit for or prohibits a use or activity <br />in the Central Business Area or CBA district , such ordinances shall continue to <br />apply to the land area within such district even if land within such area is rezoned <br />under this Code without regard to the SmartCode zoning designations assigned. <br />1.2.4. The existing City of San Marcos, Code of Ordinances shall continue to be applicable <br />to issues not covered by this Code. <br />1.2.5. Capitalized terms used throughout this Code may be defined in Article 6 Definitions <br />of Terms. Article 6 contains regulatory language that is integral to this Code. Those <br />terms not defined in Article 6 shall be accorded their commonly accepted meanings. <br />In the event of conflicts between the definitions in this Code and those of the LDC <br />or other ordinances of the City, those of this Code shall take precedence. <br />1.2.6. The metrics of the Tables are an integral part of this Code. However, the diagrams <br />and illustrations that accompany them should be considered guidelines, with the <br />exception of those on Tables 5.8 through 5.13 Form -Based Code Graphics, which <br />SMARTCOOE VERSION 10 scot <br />
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