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66 ORDINANCE No. 1983-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF SAID CITY TO DELEGATE CERTAIN DUTIES AND RESPONSIBILITIES:~, ¡TI FORMERLY HELD BY THE PLANNING AND ZONING COMMt~~~i SION AND THE ENVIRONMENTAL ADVISORY COMMITTEE~ . OF SAID CITY TO THE PLANNING COMMISSION, TO PR~~O ~ VIDE FOR THE SETTING OF FEES AND TO CHANGE PR~~ ¡ DURES FOR APPEALS; AMENDING CHAPTER 14 1/2 OF SAID CODE OF ORDINANCES TO DELEGATE CERTAIN DUTIES AND RESPONSIBILITIES FORMERLY HELD BY THE PLANNING AND ZONING COMMISSION OF SAID CITY TO THE ZONING COMMISSION; M1ENDING APPENDIX A OF THE CODE OF ORDINANCES OF SAID CITY TO DELEGATE CERTAIN DUTIES AND RESPONSIBILITIES FOR.f\lERLY HELD BY THE PLANNING AND ZONING COMMISSION OF SAID CITY TO THE ZONING COM.f\lISSI01; ¡ TO CHANGE DEFINITIONS, TO CHANGE REQUIRE- MENTS PERTAINING TO FENCES AND SHRUBBERY.IN R-~, B-2 AND TH :ZOUING DISTRICTS, TO CHANGE REQllIREMENIJ?S FOR J?A:RKING SPACES.; PROVIDING FOR.. SEMERAB:I;LITY; PRO- MIDING A PENALTY AND DECLARING AN EFFECTIVE DATE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN !1ARCOS, TEXAS: SECTION 1. That Section B(6) of Article II of Appendix C of the Code of Ordinances, City of San Marcos, Texas, is hereby amended to read as follows: Section B(6). 6~ Commission: The Planning Commission of the City of San Marcos, Hays County, Texas. SECTION 2. That Section D of Article IV of Appendix C of the Code of Ordinances, City of San Marcos, Texas, is hereby amended to read as follows: Section D. Variances. The Planning Commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein- below required, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivi- sion, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Commission finds: 1. That there are special circumstances or condi- tions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; and 2. That the variance is necessary for the preserva- tion and enjoyment of a substantial property right of the applicant; and