Homes in certain zoning districts of the City of San Marcos are designated for “single family” use.  A family is defined in the Land Development Code as any number of individuals living as a single housekeeping unit who are related by blood, legal adoption, marriage, or conservatorship. This means that in a single-family zoning district, the number of unrelated people who may occupy a home is limited. 

Below is the section of the Land Development Code that addresses single-family dwellings.

Section 4.3.4.5

(a)     Limited Number of Unrelated Individuals. All dwelling units located in SF-R, SF-11, SF-6 (R-1), SF-4.5, DR, TH, PH-ZL zoning districts shall be restricted to occupancy by a family, and up to one other person who is not related to any of the family members by blood, legal adoption, marriage, or conservatorship.

(b)    Prima facie proof of occupancy of a dwelling unit by more than two unrelated persons is established in any prosecution for violation of this section if it is shown that the same three or more vehicles with registrations to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 21 day period.  This establishment of a prima facie level of proof in this subsection does not preclude a showing of “occupancy” of a dwelling unit by a person in any other manner.

(c)     The property owner and any agent of the property owner shall be legally responsible for directly or indirectly allowing, permitting, causing, or failing to prohibit the occupancy of a dwelling unit by more than two unrelated persons.

The City of San Marcos Planning and Development Services Department enforces the unrelated persons restriction.  When a complaint is received, city staff contacts the property owner to explain the restriction and determine whether a violation exists.  If there are more than two unrelated people residing there, staff will ask for voluntary compliance.  In cases where compliance is not achieved in a reasonable amount of time, municipal court citations may be issued.  Fines for these citations are up to $900 for the first offense, and each day may be considered a separate offense.

If you have any questions about these or other zoning requirements, please contact the Planning Department at 512-393-8230.  You may ask for the zoning designation on a particular property, and staff will explain whether or not the unrelated persons restriction applies.

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