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ORDINANCE NO. 2013-02 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING THE SAN MARCOS CITY <br />CODE, SUBPART C. THE "SAN MARCOS SMARTCODE," BY <br />UPDATING THE TABLE OF CONTENTS, RECONCILING <br />INCONSISTENCIES WITHIN TABLES, ALLOWING A <br />MINIMUM BUILDING HEIGHT OF ONE STORY BY WARRANT <br />IN T4 AND T5 ZONES OUTSIDE THE DOWNTOWN HISTORIC <br />DISTRICT, CLARIFYING STANDARDS FOR PARKLAND <br />DEDICATION IN THE DOWNTOWN AREA, CLARIFYING THAT <br />PARKING IS NOT REQUIRED IN THE CENTRAL BUSINESS <br />AREA EXCEPT FOR NEW MULTI - FAMILY DEVELOPMENT, <br />ADDING AN OPTION FOR A FEE IN LIEU OF TREE <br />MITIGATION IN THE DOWNTOWN AREA, TOGETHER WITH <br />CREATING A DOWNTOWN TREE FUND FOR DEPOSIT OF <br />SUCH FUNDS AND MAKING MINOR CORRECTIONS; <br />INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING <br />AN EFFECTIVE DATE, <br />RECITALS: <br />1. The adoption of this Ordinance is in the interest of the public health, safety <br />and welfare. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br />SECTION 1. Articles 1, 3, 5 and 8 of Subpart C of the San Marcos City Code are <br />hereby amended as shown in Exhibit A, attached hereto and made a part hereof for all <br />purposes. Amendments are indicated by red font, with deletions being indicated by <br />strikethroughs. <br />SECTION 2. 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, <br />the other provisions of this Ordinance will continue in force if they can be given effect <br />without the invalid portion. <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions <br />in conflict with this Ordinance are repealed. <br />SECTION 4. This Ordinance will take effect after its adoption on second <br />reading. <br />PASSED AND APPROVED on first reading on February 5, 2013. <br />