Ord 1995-060 - Laserfiche WebLink

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IlfC: -4- SECTION 6. That Section 37-13 of the San Marcos Code of Ordinances is amended to read as follows: Sec. 37-13. Location of sexually oriented businesses. (a) It is unlawful for a person to operate or cause to be operated a sexually oriented business within the Central Business Area Zoning district or within 1,000 feet of : (1) a church; (2) a public or private elementary or secondary school; (3) a residential district; (4) a public park contiguous with or across a street from a residential district; (5) a bar; . (6) a residential use; or (7) another sexually oriented business. (b) Distance requirements are to be measured in a straight line from the structure housing the sexually oriented business to the boundary line of a residential district, residential use or public park, or to a structure used as a church, a school, a bar, or another sexually oriented business. (c) Any sexually oriented business lawfully operating on October 31, 1995 that is in violation of subsection (a) is a nonconforming use, and is permitted to continue at its present location for a period not to exceed 1 year after that date, unless sooner terminated or discontinued for a period of 30 days. A nonconforming us,e may not be enlarged or structurally altered. In the case of two sexually oriented businesses in violation of Section 37 -13(a)(7) on October 31, 1995, the one continously operating at its present location the longer period of time is conforming, and the other one is nonconforming and is permitted to continue only for the period described above. (d) Any lawfully operating sexually oriented business which becomes in violation of subsection (a) because of the establishment of a church, a school, or a bar, or the initiation of a residential use, or the moving of a residential district boundary within the offset distance is a nonconforming use, and is permitted to continue at its existing location for a period not to exceed 1 year, unless sooner terminated or discontinued for a period of 30 days. A nonconforming use may not be enlarged or structurally altered. SECTION 7. That Section 37-11 of the San Marcos Code of Ordinances is amended to read as follows: Sec. 37-11. Appeal. (a) An applicant for a license who is denied a license may appeal the denial to District Court as authorized by law.