San Marcos Development Code 9.1.2020

5 C H A P T E R

Use Regulations

under Section 2.8.3.1 and must be in compliance with all conditions of such permit. b. Noise. The activities of the establishment selling alcoholic beverages for on-premises consumption shall not produce noise levels in excess of those described in Section 7.4.2.1 so as to not interfere with the reasonable use and enjoyment of adjacent property or public areas. c. Protective Yard. The establishment shall be screened with a type A/B protective yard under Section 7.2.2.1. d. Cleanliness. The business shall be responsible for maintaining the sidewalk, gutters, parking lot, all areas within 100 feet of any exit, and all areas of the permitted property in a clean and sanitary condition, free from litter and refuse at all times. a. Within 300 ft. of a detached single family residence located in a zoning district that only permits detached single family residences. b. Within 300 ft. of a church, public or private school, or public hospital. c. Within 1,000 ft. of a public school, if the Planning and Zoning Commission receives a request from the board of trustees of the applicable school district (refer to Section 38.007 of the Texas Education Code; Must meet TABC requirements for display of a Blue Handgun warning sign. d. Within 1,000 ft. of a private school if the Planning and Zoning Commission receives a request from the governing body of the private school.

1. Defined. A facility that primarily sells alcoholic beverages for on premise consumption and may include the sale of food.

2. Use Standards

a. Permit. The establishment must hold for the premises a valid Conditional Use Permit for the on-premise sale and consumption of alcohol issued and effective under Section 2.8.3.1, this Section 5.1.5.5E and any conditions of such permit. b. Downtown CBA Boundary. In the Downtown CBA boundary the total number of bars is limited to 14. If the maximum number of active bars has been met, or may be met if any one or more pending applications are approved, any further applications in the Central Business Area shall be placed on a waiting list and individually referred to the Planning and Zoning Commission for consideration within 45 days, in the same order as submitted, when the number of permits is less than the maximum allowed. 1. Definition. A parcel of land where one or more mobile food trailers congregate to offer food or beverages for sale to the public. Mobile food courts are designed as an incremental and temporary use. 2. Use Standards. Where a mobile food court is established the following standards shall apply: a. No parking shall be located between the food trailers and the frontage

(Ord. No. 2020-60, 9-1-2020)

3. Location relative to existing land uses. The establishment must not be located:

D. Mobile Food Court

b. Building types, building standards, and building materials do not apply to mobile food trailers.

E. On Premise Consumption of Alcohol

1. Defined. An establishment that serves alcohol for on premise consumption. 2. Use Standards. Where on-premise consumption of alcohol is a conditional use the following standards apply: a. Permit. The establishment must hold for the premises a valid conditional use permit issued and effective

4. Measurement. The measurement of the distances regulated in this Section 5.1.5.5 shall be as follows:

a. Between a place of business where alcoholic beverages are sold and the church, public hospital, or residence shall be along the property lines of street

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San Marcos Development Code Amended: September 1, 2020