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San Marcos City Zoning Code

CHAPTER 20

240 - PUBLIC AND INSTITUTIONAL ZONES

Section 20.240.010 - Purpose of Chapter

The purpose of this chapter is to specify the allowable uses, requirements, and development standards within the Public and Institutional Zones as established by the Zoning Map, and specifically to accomplish the following:

A.

Promote orderly and harmonious development of public facilities to adequately meet the needs of the San Marcos community.

B.

Provide civic and open space facilities consistent with the goals and policies of the General Plan.

C.

Implement the Parks (P) and Open Space (OS) land use designations of the General Plan.

D.

Promote the health, safety, and welfare of the San Marcos community by minimizing adjacency conflicts and establishing open space areas that are accessible to the entire community.

Section 20.240.020 - Purpose of Public and Institutional Zones

In addition to the purposes of this Zoning Ordinance and chapter, the purpose of each Public and Institutional Zone follows:

A.

Public Institutional (P-I) Zone. To provide a district for the orderly and harmonious development of public facilities to adequately meet the needs of the San Marcos community. Appropriate P-I Zone uses may include maintenance, public buildings, recreation facilities, schools, and utility installations. The P-I Zone is intended to implement and be consistent with the Public/Institutional (PI) land use designation of the General Plan.

B.

Open Space (OS) Zone. To provide a district for the dedication and preservation of active recreation and passive open space areas to serve the San Marcos community. Uses in the OS Zone shall be limited to dedicated open space areas with limited maintenance and utility features as needed for the safety and quality of the open space. The OS Zone is intended to implement and be consistent with the Open Space (OS) land use designation of the General Plan.

Section 20.240.030 - Applicability

Land use permissions, as detailed in Table 20.240-1, and the regulations and development standards of this chapter, shall be applicable to all existing and new uses, structures, and activities within the P-I and OS Zones.

Table 20.240-1
Permit Requirement Types and Processes

SymbolPermit RequirementProcedure Section
P Permitted use subject to compliance with all applicable provisions of this Zoning Ordinance and the process standards of Chapter 20.500. Chapter 20.500
DP Director's Permit is required for this use, subject to review and approval by the Director. Chapter 20.510
CUP Conditional Use Permit is required for this, subject to review and approval per the process standards of Chapter 20.500. Chapter 20.520
A Permitted uses restricted to accessory uses in conjunction with a primary permitted use. Chapter 20.500
- - - Use not allowed. Section 20.205.030.C

 

Note: Any land use authorized through a permit approval process identified in Table 20.240-1 may also require Site Development Plan Review, a Building Permit, and/or other permit(s) required by the Municipal Code. For unlisted and similar uses, see Section 20.205.030.C (Unlisted or Similar Compatible Uses). All uses, including, but not limited to, "P", "DP" and "CUP" must pay applicable Public Facilities Fees and annex into all applicable Community Facilities Districts.

(Ord. No. 2021-1512, § 2(Exh. B), 1-11-2022)

Section 20.240.040 - Allowable Public and Institutional Uses and Permit Requirements

A.

Permit Requirements. Table 20.240-1 identifies the types of land use permits required to establish land uses in the P-I Zone, consistent with this Zoning Ordinance. All permit requirements shall be subject to the process standards of Chapter 20.500 (Permits and Applications).

B.

Public and InstitutionalLand Uses. Table 20.240-2 identifies the permitted land uses in the P-I Zone. Public and Institutional uses are intended to be primarily for the purposes of public facilities, recreation, and open space.

C.

Permanent General Plan Open Space. Areas designated as permanent open space by the General Plan shall be conserved as such. Activities and structures within permanent open spaces shall be limited to existing, maintenance, and similar structures. Land uses regulated by Table 20.240-2 shall not be applicable to General Plan designated permanent open spaces.

D.

Additional Use Regulations. In addition to the regulations, development standards, and provisions of this chapter, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of Table 20.240-2; refer to the referenced sections for additional operational standards and regulations applicable to the use. All land uses are also subject to all the following standards: Chapters 20.320 (Signs on Private Property), 20.330 (Water Efficient Landscape Standards), 20.335 (Walls and Fences), 20.340 (Off-Street Parking and Loading), and 20.400 (Specific Use Standards).

E.

Prohibited Uses. When a use is not specifically listed, that use is prohibited. However, consistent with Section 20.305.030.C, the Director shall have the authority to determine whether the proposed use shall be permitted or conditionally permitted based on the finding that the proposed use is similar to and no more detrimental than a particular use permitted in the Zone.

Table 20.240-2
Public-Institutional Zone Permitted Uses

Land UseP-IOSAdditional Use Regulations
Recreation, Education, and Public Assembly Uses
Cemetery CUP - - -
Child Care Facility, Daycare Center DP - - -
College, Traditional Campus CUP - - -
Commercial Recreation, Outdoor P - - - Private institutions prohibited
Medical; Hospital CUP - - -
Museum, Library, or Gallery P - - - Private institutions shall require a CUP
Parking Facility DP - - -
Public Buildings and Facilities P P
Public Park/Open Space/Recreation P P
Public Utilities P P
Public Maintenance Buildings and Facilities DP DP
School P - - - Private institutions shall require a CUP
Small Wind Energy Systems DP - - -
Other Uses
Agriculture/Horticulture A - - -
Antenna or Communication Facility P P 20.460 (Telecommunication Facilities)
Water Tanks P P CUP

 

For permit types, see Table 20.240-1.

Section 20.240.050 - Development Standards

The design, construction, or establishment of all new and existing land uses, development of structures, and site improvements in the P-I Zone shall conform to the regulations of Table 20.240-3. Principal and accessory structures shall meet the same development standards, unless otherwise modified by this Zoning Ordinance.

A.

Site Development Plan Review Required. All development in the P-I Zone, including all projects that comply with the allowed land use and development standards of this chapter, shall be submitted for Site Development Plan Review to the Planning Division; see Chapter 20.515 (Site Development Plan Review).

B.

Stories; Building Height. Building height and associated story limit may be permitted to be increased subject to demonstration of land use need for the additional height and Planning Commission approval.

C.

Architectural Features. Architectural elements (such as towers, clocks, columns, chimney, etc.) exceeding the forty-five (45)-foot building height shall not comprise more than twenty percent (20%) of the roof area.

Table 20.240-3
Public-Institutional Zone Development Standards

Development Standards(1)P-I ZoneOS ZoneAdditional Use Regulations
Building Height
Stories 3 1 Section 20.240.040.B
Building Height 45 feet 15 feet Section 20.240.040.B
Architectural Features 55 feet 15 feet Section 20.240.040.C
Utilities/Communications/Energy Facilities - - Chapter 20.460 (Telecommunication Facilities)
Setbacks(2)Section 20.300.060
Public Right-of-Way 10 feet 10 feet
Internal Property Line 5 feet 10 feet
 Adjacent to Residential Zone 15 feet 15 feet
Parking 6 feet 6 feet
Between Buildings 10 feet 10 feet

 

Notes:
1. All standards are minimums unless otherwise noted.
2. Setbacks shall be measured from the back of the right-of-way.

D.

Structure Height. Public and institutional uses that require a structure other than a building (such as utilities, antennas or communication towers, or wind energy systems) shall have structure height determined based on the needs of the use subject to associated government regulations and use needs at the time of Site Development Plan Review.

E.

Building Front. Public and institutional buildings open to the public are encouraged to orient the building entry and active architecture toward the primary ROW exposure.