Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 5: - ZONING PROCEDURES DIVISION 2: - OVERLAY ZONING DISTRICT DtFt",SHIN 2 iiFER1,r11'Z i1V11 iT tit,'' TRIi " T Section 1„ ...2„ 1 ,,. Puirposes and Ilf;; °ff f (a) Purpose. An overlay zoning district is a zoning district that establishes regulations that combine with the regulations of an underlying (base) zoning district. The purposes of an overlay district shall be to prohibit uses otherwise allowed in the base district, to establish additional or different conditions for such uses, or to authorize special uses, together with standards for such uses, not otherwise allowed in the base district. (b) Effect. Adoption of the overlay district does not repeal the base zoning district and all regulations contained in the base zoning district shall remain applicable to the uses allowed in the overlay district, except as expressly varied in the regulations of the overlay zoning district. In addition, special standards set forth in the adopting ordinance shall apply to all development within the district. Section 1 „5...2...2 ,,. Ilf;;° falbllliii llrirn int of Overlay Zoning I1111i firiii f (a) Creation. An overlay district, other than a planned development district or a transfer district, shall be established as an amendment to the text of the zoning regulations in Chapter 4 of this Land Development Code in accordance with procedures in Article 3, Division 8 of Chapter 1. Overlay zoning districts shall also be established on the Zoning Map in accordance with the procedures governing petitions for zoning map amendments in Division 1 of this Article 5. (b) Enacting Ordinance. In creating an overlay zoning district, the Council shall specify the following standards: (1) The intent and purpose of the district; (2) The types of districts with which the overlay zoning district may be combined; (3) Uses allowed by the overlay zoning district which are not allowed in the base district and standards and conditions applicable to such uses; (4) Uses otherwise permitted within the base district, which are prohibited, limited or restricted within the overlay zoning district, and the standards and conditions constituting such limitations or restriction; (5) Standards to be applied in the overlay district which are intended to supersede conflicting standards in the base district; and (6) Special standards to be applied in the overlay district. San Marcos, Texas, Code of Ordinances Page 49