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r- 106 0-' Q: - ,.,0 a Iï:!:l ORDINANCE 1997- 59 ::;:¡ '<C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 114.022 OF THE ZONING CHAPTER OF THE CITY CODE TO REQUIRE THE POSTING OF NOTIFICATION SIGNS ON PROPERTY PROPOSED FOR A ZONING CHANGE, ZONING VARIANCE OR SPECIAL USE PERMIT; AMENDING SECTION 114.025 OF THE ZONING CHAPTER OF THE CITY CODE TO PROVIDE THAT THE EXTRA- ORDINARY MAJORITY VOTE REQUIREMENT ONLY APPLIES TO CITY COUNCIL DECISIONS TO OVERRULE RECOMMENDATIONS FOR DENIAL OF ZONING CHANGES BY THE PLANNING AND ZONING COMMISSION; AMENDING SECTION 114.577 OF THE ZONING CHAPTER OF THE CITY CODE TO PROVIDE ONE-YEAR AND TWO-YEAR TERMS FOR HOME OCCUPATION SPECIFIC USE PERMITS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: 1. The Planning and Zoning Commission conducted a public hearing on June 24, 1997 regarding proposed amendments to Sections 114.022, 114.025 and 114.577 of the Zoning Chapter of the City Code, and voted to recommend the changes to the City Council for adoption. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 114.022 of the Zoning Chapter of the City Code is amended by adding a subdivision (4) to read as follows: (4) Notification signs shall be placed on any property that is the subject of a zoning change, zoning variance or specific use permit. Signs shall be placed on the property before the tenth day prior to the first public hearing and shall be left in place until final action is taken on the application, unless the case is formally withdrawn by the applicant prior to a final decision. A minimum of one sign shall be placed for each 200 feet of street frontage. Property with multiple street frontages shall have the requisite number of signs on each street. Signs shall be placed in a visible, unobstructed location near the front property line. Notification signs shall be provided and placed by the Planning and Development Services Department. It shall be the responsibility of the applicant to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. It shall also be the responsibility of the applicant to immediately notify the Planning and Development Services Department of any missing or defective signs. It is unlawful for a person to alter any such notification sign, or to remove it while the case is pending; however, any removal or alteration that is beyond the control of the applicant shall not constitute a failure to meet notification requirements. SECTION 2. Section 114.025(b) of the Zoning Chapter of the City Code is amended as follows (underlining indicates added language; overstrike indicates deleted language): (b) A vote of three fourth of all the members of the city council is required to overrule g 8fty recommendation of the planning and zoning commission that a proposed change to a regulation or boundary be denied regarding a proposed amendment, supplement, or change. SECTION 3. Subsection (d) of Section 114.577 of the Zoning Chapter of the City Code is redesignated as subsection (e) of that section, and a new subsection (d) of that section is added to read as follows: