Ord 1991-034 - Laserfiche WebLink

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-9- SECTION 12. That section 36 of Appendix A, General Zoning Ordinance of the San Marcos Code of Ordinances is amended to change the title of the section to "Supplemental Requirements," and to clarify existing text and change provisions in Subsections (D), (F) and (J), to read as follows: SECTION 36. SUPPLEMENTAL REQUIREMENTS. (D) Only one primary residential structure may be erected on a single-family or duplex lot, except that construction of a second new single-family detached dwelling on the same lot as an existing dwelling or mobile home is permitted in the R-l, R-2 and MR districts under the following conditions: (1) A demolition permit, or a moving permit in the case of a mobile home, is obtained for the existing dwelling to be removed once the new one is completed; (2) Both dwellings are not occupied at the same time; (3) The new dwelling complies with all applicable area requirements; and, (4) The existing dwelling is demolished, or existing mobile home is removed, no later than one year after construction of the replacement dwelling is begun, unless a written request for an extension of a specified length of time beyond one year due to extreme hardship caused by unexpected circumstances is approved by the director. (F) Where a townhouse is not separated from an adjacent structure by a wall having a minimum fire rating of two hours in accordance with section 403 of the Standard Building Code, the setback from each side lot line shall be 7 1/2 feet. The side yard setback on corner lots shall be 15 feet. (J) Fences, walls, or shrubbery in the required front or side yard adjacent to a street shall not obstruct the view of motorists traveling on any street, and shall not inhibit or interfere with the safe movement of vehicular traffic as determined by the Chief of Police or his designee. Fences or walls of any type in residential zoning districts shall not exceed four feet in height in the required front yard or side yard adjacent to a street, or six feet in height in the required interior-side and rear yards, nor shall any fence, wall, or shrubbery exceed the limits provided in section 36(K) and section 36(L), below. SECTION 13. That section 37(A) (11) and (11.5), of Appendix A, General Zoning Ordinance of the San Marcos Code of Ordinances is amended to read as follows: (11) Drinking establishments and all eating establishments having indoor dining: One parking space for each 100 square feet of gross floor area, or one space for each four (4) seats, whichever is less. (11.5) Eating establishments having no indoor dining: One parking space for each 50 square feet of floor space used or designated as customer service and waiting area, or 12 spaces, whichever is less. SECTION 14. That if any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or