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<br />~. c: >- 8 <br />~ \). et:::... 27 <br />~ fr' ¡::: . a:; <br />g -- w:iE <br />:? 5'¡ <br />8~. I.U ~ <br />-....:Q.'~ U)~ ORDINANCE 1997- 43 <br />iii1'J..":". <br />ILII.",- <br />< <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />'~I ~ ~ 8 MARCOS, TEXAS AMENDING ORDINANCE 1997-17 TO MAKE <br />a g 9-- ~~ CORRECTIONS TO THE ZONING CHAPTER OF THE CITY CODE <br />r . ~u G; t3;- REGARDING THE LOCATION OF TELECOMMUNICATIONS TOWERS AS <br />::!.'~'~.'....' $.1 C'c.. ~~ SPECIFIC USES IN "P" PUBLIC AND INSTITUTIONAL DISTRICTS, AND <br />!L~ ~~ THE REAR SETBACK FOR "LI" LIGHT INDUSTRIAL DISTRICTS, <br />INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES; <br />AND DECLARING AN EMERGENCY. <br /> <br />RECITALS: <br /> <br />1. On November 26, 1996 and January 21, 1997, the Planning & Zoning <br />Commission conducted a public hearing on proposed changes to Division 20-P Public and <br />Institutional District, Division 24-LB Limited Business District, Division 25-C Commercial <br />District, Division 27-LI Light Industrial District and Division 28-1 Industrial District of Article <br />5 of Chapter 114-Zoning, of the San Marcos City Code, and on the addition of a new C-2 <br />Heavy Commercial District as a new division in that Article and Chapter, and voted to <br />recommend the changes to the City Council. <br /> <br />2. The City Council adopted Ordinance 1997-17 on April 28, 1997 to make <br />these changes, and that ordinance contained certain errors that are corrected in this <br />ordinance. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS <br /> <br />SECTION 1. The reference in SECTION 2 of Ordinance 1997-17 to Section <br />114.471 (3) of the San Marcos City Code is corrected to be Section 114.412(3). <br /> <br />SECTION 2. The reference in SECTION 7 of Ordinance 1997-17 to Section <br />114.518(5) of the San Marcos City Code is corrected to read as follows: <br /> <br />(5) Minimum depth of rear setback: 10 feet. <br /> <br />SECTION 3. All ordinances and resolutions or parts of ordinances or <br />resolutions in conflict with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos <br />City Code upon conviction. <br /> <br />SECTION 5. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the <br />other provisions of this ordinance will continue in force if they can be given effect without <br />the invalid portion. <br /> <br />SECTION 6. The importance of this Ordinance creates an emergency and an <br />imperative public necessity, and the provisions of the Charter requiring that ordinances be <br />presented at three separate meetings, and that ordinances do not take effect until ten (10) <br />days after the date of final passage are suspended, and this Ordinance will take effect <br />upon publication of notice of its adoption in a newspaper of general circulation in the City. <br /> <br />PASSED, APPROVED AND ADOPTED August 25, 1997. <br /> <br /> <br />[':J~~. ~ <br /> <br />Billy G. Moore <br />Mayor <br />