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-- J ~~ ~ r,~ cr 93 -<. - cr- -- ~ ).1.{"! - :g2. ~ ~i ~-~;: ~-..:> 0 :....J ':.?- ,.~ - ~~ ;¡.:_~~.-<: 1 -::;. ~! - ,-. ,. 2 ORDINANCE 1996 - R? 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN 5 MARCOS, TEXAS, AMENDING SECTIONS 114.516 and 114.517 OF THE 6 CITY CODE TO REQUIRE SPECIFIC USE PERMITS FOR CERTAIN 7 COMMERCIAL RETAIL OR WHOLESALE USES WITHIN "Lln LIGHT 8 INDUSTRIAL DISTRICTS; AMENDING SECTION 114.578 OF THE CITY í9 CODE REGARDING MEASUREMENT OF THE OFFSET DISTANCE 10 BE1WEEN PUBLIC SCHOOLS AND BUSINESSES SELLING ALCOHOLIC 11 BEVERAGES; INCLUDING PROCEDURAL PROVISIONS; AND 12 PROVIDING FOR PENAL TIES. 13 14 RECITALS: 15 ~. 16 1. The City Planning and Zoning Commission held a public hearing on June 11, 17 1996 on a proposal to amend Sections 114.516 and 114.517 of the Zoning Chapter of the 18 City Code to require the issuance of a specific use permit in "Lln Light Industrial zoning 19 districts for certain commercial retail or wholesale uses, and voted to recommend the 20 amendments to the City Council. 21 . 22 2. The City Planning and Zoning Commission held a public hearing on June 25, 23 1996 on a proposal to amend Section 114.578(c)(2)a.1. of the Zoning Chapter of the City 24 Code to redefine the method for measuring offset distances between public schools ~nd 25 businesses where alcoholic beverages are sold, and voted to recommend the 26 amendments to the City Council. 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: 29 30 SECTION 1. Section 114.516 of the San Marcos City Code is amended to delete i 31 subdivision (8) and to renumber subdivisions (9), (10), (11), (12), (13), and (14) of this 32 section as subdivisions (8), (9), (10), (11), (12) and (13) respectively. 33 34 SECTION 2. Section 114.517 of the San Marcos City Code is amended to add a 35 subdivision (3) to read as follows: 36 (3) Commercial retail or wholesale uses that require large outdoor storage or 37 loading areas, or that generate heavy truck or rail traffic and require 38 access to major transportation facilities. 39 40 SECTION 3. Section 114.578(c)(2) a.1. of the San Marcos City Code is amended 41 to read as follows: 42 43 1. The place of business covered by the permit shall not be located within 300 44 feet of a residence located within a zoning district that limits density to 6 45 units per acre or less. It is unlawful for a person to sell or engage in the 46 business of selling any alcoholic beverages for on-premises consumption 47 where the place of business is located within 300 feet of a church, public 48 school, or public hospital. The measurement of the distance between a 49 place of business where alcoholic beverages are sold and the church or 50 public hospital shall be along the property lines of the street fronts and from . 51 front door to front door, and in direct line across intersections. The 1__32 measurement of the distance from a place of business where alcoholic 53 beverages are sold and the public schools shall be in a direct line from the 54 the property line of the public school to the property line of the place of 55 business, and in a direct line across intersections. 56 57 SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance 58 is held to be unconstitutional or invalid by a court of competent jurisdiction, the other 59 provisions of this ordinance will continue in force if they can be given effect without the 60 invalid portion.