San Marcos Development Code (effective Nov. 3, 2021)

5

C H A P T E R

Use Regulations

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

the same order as submitted, when the number of permits is less than the maximum allowed.

D. Mobile Food Court

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. a. Between a place of business where alcoholic beverages are sold and the church, public hospital, or residence shall be along the proper ty lines of street 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 proper ty line of the place of business, and in a direct line across intersections. 2. If the permit or license holder is located on or above the fifth story of a multi-story building, in

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 cour ts are designed as an incremental and temporary use. 2. Use Standards. Where a mobile food cour t is established the following standards shall apply: a. No parking shall be located between the food trailers and the frontage

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 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 proper ty 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 proper ty in a clean and sanitary condition, free from litter and refuse at all times.

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

a direct line from the proper ty line of the public or private school to the proper ty line of the place of business, in a direct line across intersections, and ver tically up the building at the proper ty line to the base of the floor on which the permit or license holder is located.

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

5. If a residence, church, public or private school, or public hospital locates within 300 ft. of an establishment with

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San Marcos Development Code Amended: November 3, 2021