San Marcos Development Code 9.1.2020

5 C H A P T E R

Use Regulations

fronts and from front door to front door, and in a direct line across street intersections. b. Between a place of business where alcoholic beverages are sold and the public or private school shall be: 1. In a direct line from the property line of the place of business, and in a direct line across intersections.

does not include retail uses, public bar, conference center or special event facilities.

2. Use Standards

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. If the permit or license holder is located on or above the fifth story of a multi-story building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. 5. If a residence, church, public or private school, or public hospital locates within 300 ft. of an establishment with a Conditional Use Permit after the permit is issued, the permitted establishment shall not be considered to be out of compliance with this Chapter. 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 5.1.5.6Overnight Lodging A. Defined. Accommodations arranged for short term stays. Overnight lodging includes the following:

C. Boutique Hotel (up to 30 rooms)

1. Defined. A facility where overnight accommodations not exceeding 30 rooms are provided for compensation. A boutique hotel may include as accessory uses the following: full dining, public bar and retail uses.

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 5.1.5.7Outdoor 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

3. Traveler Trailers/ RVs Short Term stays

5:23

Amended: September 1, 2020 San Marcos Development Code