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

5

CHAPTER

Use Regulations

permitted establishment shall not be considered to be out of compliance with this Chapter.

A boutique hotel may include as accessory uses the following: full dining, public bar and retail uses.

6. Variance from Distance Requirements. Certain businesses applying for a conditional use permit for on site alcoholic beverage consumption may seek a variance from the location requirements in accordance with Section 2.8.3.7. Section 5.1.5.6 Overnight Lodging A. Defined. Accommodations arranged for short term stays. Overnight lodging includes the following:

D. Hotel/Motel (more than 30 rooms)

1. Defined. A facility where overnight accommodations with more than 30 rooms are provided for compensation. A hotel/motel may include as accessory uses the following: full dining, public bar, retail uses, special events and conference center facilities. Section 5.1.5.7 Outdoor Recreation

A. Outdoor Recreation Use Category

1. Bed and breakfast (up to 8 rooms).

Uses, varying in size, providing daily or regularly scheduled recreation-oriented activities wherein any portion of the activity takes place outdoors and including, but not limited to:

2. Boutique hotel (up to 30 rooms).

3. Hotel/motel (more than 30 rooms).

1. Drive-in theater.

B. Bed and Breakfast (up to 8 rooms)

2. Day Camp.

1. Defined. A facility where overnight accommodations not exceeding 8 rooms are provided for compensation, with or without a morning meal, and which may include an afternoon or evening meal for guests. Bed and breakfast does not include retail uses, public bar, conference center or special event facilities. a. The property owner or operator of all bed and breakfasts located within a special flood hazard area shall post notice advising guests of the potential hazards from flooding. b. Where a bed and breakfast is a conditional use, the owner or operator must maintain his or her primary residence on the lot. c. Where a bed and breakfast is a limited use, the owner or operator must maintain his or her primary residence on the property except where the property owner has received a conditional use permit in accordance with Section 2.8.3.1. 2. Use Standards

3. Traveler Trailers/ RVs Short Term stays

4. Extreme sports facility such as paintball, BMX or skateboarding.

5. Golf course.

6. Outdoor commercial activity such as batting cage, golf driving range, amusement park, miniature golf facility, water park.

7. Outdoor theater.

8. Outdoor sports or entertainment facility.

9. Shooting range.

10. Sports academy for active recreational or competitive sports. Where Oudoor Recreation is a limited use only the following shall be permitted: Day Camp, Extreme Sports Facility, Outdoor Commercial Activity noted above in #6, and Outdoor Sports or Entertainment Facility.

C. Boutique Hotel (up to 30 rooms)

(Ord. No. 2023-72, 10-17-2023)

1. Defined. A facility where overnight accommodations not exceeding 30 rooms are provided for compensation.

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San Marcos Development Code Amended: January 21, 2025

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