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r- 102 ~. u :>-8 Cf..l... èJ a:: e . ~ - <co g - ¡...;;;::¡:¡:,; U~~ a ~~ _J~ ~.) ~iiJ ORDINANCE 1997- 57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING ORDINANCE 1997-17 TO MAKE CORRECTIONS TO THE ZONING CHAPTER OF THE CITY CODE REGARDING THE REAR SETBACK FOR C-2 HEAVY COMMERCIAL DISTRICTS, INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. RECITALS: 1. On November 26, 1996 and January 21, 1997, the Planning & Zoning Commission conducted a public hearing on proposed changes to Division 20-P Public and Institutional District, Division 24-LB Limited Business District, Division 25-C Commercial District, Division 27 -LI Light Industrial District and Division 28-1 Industrial District of Article 5 of Chapter 114-Zoning, of the San Marcos City Code, and on the addition of a new C-2 Heavy Commercial District as a new division in that Article and Chapter, and voted to recommend the changes to the City Council. 2. The City Council adopted Ordinance 1997-17 on April 28, 1997 to make these changes, and a correction ordinance on August 25, 1997, and those ordinances contained certain errors that are corrected in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS SECTION 1. SECTION 2 of the Ordinance adopted on August 25, 1997, correcting Section 114.518(5) of the San Marcos City Code is repealed. SECTION 2. The reference in SECTION 7 of Ordinance 1997-17 to Section 114.518(5) ofthe San Marcos City Code, regarding the rear setback distance in C-2 Heavy Commercial Districts, is corrected as follows: (5) Minimum depth of rear ffeftt setback: 20 feet. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 6. The importance of this Ordinance creates an emergency and an imperative public necessity, and the provisions of the Charter requiring that ordinances be presented at three separate meetings, and that ordinances do not take effect until ten (10) days after the date of final passage are suspended, and this Ordinance will take effect upon publication of notice of its adoption in a newspaper of general circulation in the City. PASSED, APPROVED AND ADOPTED September 22, 1997. ~~~.~ Billy G. Moore Mayor