ORD-2025-01 Development Code Effective January 25, 2025

5

CHAPTER

Use Regulations

Section 5.1.3.4 Home Occupations

associated building. Drive-thru windows and lanes associated with buildings must be placed to the side or rear of the building;

A. Purpose. Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses. B. Definition. An occupation carried on by a resident of the premises, which occupation is clearly incidental and secondary to the residential purposes and does not change the character thereof. 1. The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the Street; 2. Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding 20 percent of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 600 square feet); 3. The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs; 4. Not more than one business-related vehicle shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the Use is located; 5. The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities; 6. One commercial vehicle, having a gross vehicle weight capacity of one ton or less, according to the manufacturer’s classification, may be used, or parked C. Use Standards.

Figure 5.2 Drive-thru location

Drive Through

Frontage

b. Where drive-thru windows and lanes are placed to the side of a building adjacent to a secondary street the entire length of the drive-thru lane, located between the drive-thru lane and the adjacent right-of-way (not including an alley), must be screened; c. Screening must be a continuous compact evergreen hedge. At the time of installation, such screening must be at least 36 inches in height and reach a height of 48 inches within 3 years of planting; d. In lieu of compact evergreen hedge, a screening wall with a minimum height of 48 inches may be installed. The wall must be compatible with the principal building in terms of texture, quality, material and color; and e. No drive-thru window is permitted on the side of a building facing any residential district and any speakers shall face away from a property line adjacent to a residential district.

(This Section Approved by Ord. No. 2021-47 on 8-3-21)

Section 5.1.3.3 Temporary Uses.

A. Defined. Buildings, structures, and other associated appurtenances that are temporary in nature and shall be removed upon the earlier of the cessation of the temporary use or 6 months.

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San Marcos Development Code Amended: January 21, 2025