San Marcos Development Code 9.1.2020

1 C H A P T E R

General

Article 5: Nonconformities

Division 6: SEVERABILITY

Section 1.4.6.1Severability

Division 1: GENERAL

If any Court of competent jurisdiction rules any provision of this Development Code invalid, that ruling shall not affect any provision not specifically included in the judgment. If any Court of competent jurisdiction rules invalid the application of any provision of this Development Code to a particular property, building, structure, Improvement, development, or use, that ruling shall not affect the application of the Development Code provisions to any property, building, other structure, or use not specifically included in the judgment. The provisions of this Development Code are hereby declared to be valid and enforceable, notwithstanding inadvertent and/or clerical error(s); such error(s) as may exist shall not affect the validity or intent of the associated provisions, nor that of the remainder of the Development Code provisions hereunder.

Section 1.5.1.1Intent of Provisions

A. Purpose. The purpose of this article is to establish provisions for the allowance and potential alteration of uses, lots and/or structures which do not conform to currently applicable zoning standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations. 1. Nonconformities occur in three (3) general categories: lots, structures, or uses, or combinations thereof. B. Intent. It is the declared intent of this section that any modification to nonconforming uses and structures result in greater conformance with this Development Code such that nonconforming uses and structures eventually come into full compliance with this Development Code. C. Incompatible Uses. Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved. Section 1.5.1.2Establishment of Legal Nonconforming Status A. Existence. For purposes of interpretation of Section 1.5.1.2, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows: 1. Legal Nonconforming. Those uses, structures or lots which in whole or part are not in conformance with current zoning standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of this Section. 2. Illegal Status. Those uses, structures or lots which in whole or part are not in conformance with current zoning

standards and were not in conformance with applicable standards at the time of their inception shall not be

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San Marcos Development Code Amended: September 1, 2020