PART 1 ZONING DISTRICTS AND LAND USES

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1 PART 1 ZONING DISTRICTS AND LAND USES ARTICLE 1 ZONING DISTRICTS Division Zoning Districts Sec Zoning Districts Established A. Generally. The City of Cuero is divided into the nine zoning districts that are established by Table 1.101A, Zoning Districts Established. District Classification Agriculture Residential (For the development of new neighborhoods) Residential (For protecting the character of existing neighborhoods or facilitating redevelopment) Nonresidential (including mixed-use and public uses) District Name Agriculture Residential Estate Residential, General Neighborhood Conservation Neighborhood Transition Commercial, General Central Business District Industrial, General Public and Recreation Symbol District Purpose Table 1.101A Zoning Districts Established The purpose of the agriculture district is to provide for new and existing agricultural uses, agricultural support uses, and single-family detached homes on large lots. The purpose of the residential estate district is to provide for the development of residential neighborhoods with suburban character. The purpose of the residential general district is to provide for residential neighborhoods with auto-urban character. The purpose of the neighborhood conservation district is to preserve the integrity of existing neighborhoods while providing reasonable opportunities for improvement and expansion of existing homes without variances. See Table 1.101B, below, for more specificity. The purpose of the neighborhood transition district is to protect the functional character of existing neighborhoods while facilitating the transition of the neighborhood through the combination of lots and construction of different types of housing types than in the NC district. See Table 1.101B, below, for more specificity. The purpose of the commercial general district is to provide for general commercial uses. It is the primary retail and service district and is generally auto-urban in character. This district also allows the development of new multifamily development. The purpose of the central business district is to provide for commercial and mixed-use development within the City's central business district, i.e., "Downtown." Development within the central business district is urban in character, i.e., "buildings are built to the street and parking is generally provided on-street or in public or private parking lots or parking structures." The purpose of the industrial general district is to provide for a range of industrial uses, regulated by performance standards to mitigate their impacts on the community. The purpose of the public and recreation district is to provide for public-owned and operated uses (e.g., governmental and school buildings and facilities, utility stations, libraries, cemeteries, active and passive recreation parks, public safety complexes, post offices, etc.). These uses are oftentimes unique in nature and scale and thus, not appropriately placed within any other district. Some of these uses may be appropriate in other zoning districts subject to applicable performance standards. District Character Rural / Natural Suburban Auto-Urban Varies based on existing conditions, but generally Auto-Urban Auto-Urban Urban Auto-Urban Varies B. Neighborhood Conservation (NC) and Transition (NT) Subdistricts Established. The Neighborhood Conservation (NC) district is divided into six subdistricts that are established by Page 1

2 Table 1.101B, Neighborhood Conservation (NC) and Transition (NT) Subdistricts Established. Any reference in this UDC to the "NC or NT district" also includes reference to each NC and NT subdistrict. Subdistrict Name Table 1.101B Neighborhood Conservation (NC) and Transition (NT) Subdistricts Established Neighborhood Conservation Subdistricts General Characteristics The NC-R1 subdistrict primarily consists of single-family detached houses on lots that were developed on a gridded street pattern with 40 foot lot widths and alleys using the R-1 zoning district that pre-dated the effective date of this UDC. The NC-R2 subdistrict primarily consists of two-family single-family attached houses (i.e., duplexes) on lots that were developed on a gridded street pattern with alleys using the R-2 zoning district that pre-dated the effective date of this UDC. The NC-R3 subdistrict primarily consists of multi-family houses (i.e., apartments) on lots that were developed on a gridded street pattern with alleys using the R-3 zoning district that predated the effective date of this UDC. The NC-R4 subdistrict primarily consists of single-family detached houses on lots that were developed on a gridded street pattern with alleys and with lot widths and lot size that is larger than those found in the NC-R1 subdistricts using the R-1 zoning district that pre-dated the effective date of this UDC. The NC-R5 subdistrict primarily consists of manufactured housing that was developed using the MH district or manufactured home park provisions that pre-dated the effective date of this UDC. Neighborhood Transition Subdistricts The NT-R5 subdistrict primarily consists of single-family detached houses on lots that were developed on a gridded street pattern with 40 foot lot widths and alleys using the R-1 zoning district that pre-dated the effective date of this UDC. As these areas redeveloped over time, the characteristics of this area should transition from an area of predominantly single-family housing to that of single-family attached housing. The NT-R6 subdistrict primarily consists of single-family detached houses on lots that were developed on a gridded street pattern with 30 foot lot widths and alleys using the R-1 zoning district that pre-dated the effective date of this UDC (although they were nonconforming lots). As these areas redeveloped over time, the characteristics of this area should transition from an area of predominantly single-family housing to that of single-family attached housing. Purpose The primary purpose of the neighborhood conservation subdistricts are to preserve the existing character of the established neighborhoods that were developed under regulations that predated the effective date of this UDC, while allowing for the infill of vacant lots, expansion of existing buildings, or redevelopment resulting in the same general character of development. The primary purpose of the neighborhood conservation subdistricts are to use lot aggregation, replatting, and alternate forms of housing types (e.g., cottages, duplexes, triplexes, and townhouses) to incentivize new development, redevelopment, and substantial improvement of existing neighborhoods that are in need of reinvestment. C. Zoning of Annexed Land. The City may process an application for an initial City zoning designation, or may designate a newly annexed property's zoning district upon its own initiative, in conjunction with annexation proceedings and the procedures set out in Article 14, Permits and Procedures. Land that is not zoned otherwise by the City Council during the annexation process is zoned Agriculture (AG) upon annexation until affirmatively rezoned to another district. Simultaneous processing of the annexation and the zoning change is permitted. D. Comprehensive Plan Consistency. The zoning districts created by this UDC are intended to implement the Cuero Comprehensive Plan, which may be amended from time to time. When a lot or parcel is zoned in a manner that is consistent with the Cuero Comprehensive Plan, then the City Council may find that approvals granted pursuant to the standards of this UDC are consistent with the intent of this adopted plan. Page 2

3 Sec Official Zoning Map A. Generally Zoning districts are shown on the map entitled "official zoning map" of the City of Cuero, which is attached hereto and made part of this UDC. At least two copies of the official zoning map are on file and available for inspection during regular business hours at the Department. B. Force and Effect The official zoning map, together with all legends, references, symbols, boundaries, and other information, shall be adopted as a part of, and concurrent with this UDC. C. Effective Date. The effective date of a rezoning ordinance shall be the date specified in the ordinance itself, and not the date of revision of the official zoning map. D. Status of the Zoning Map The official zoning map that is on file at the Department shall control in the event of a conflict between the map that is on file and any other reproduction of the official zoning map. E. Changes The City Council may from time to time adopt a new "official zoning map," which shall supersede the prior zoning map, in the event that the zoning map becomes damaged or destroyed, for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions. However, such adoption shall not have the effect of amending this UDC or any subsequent amendment thereof. F. Interpreting the Zoning Map Where the official zoning map appears to be unclear regarding the location of district boundaries, the Building Official shall make a determination using the following criteria: 1. Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the official zoning map, the features on the ground control. 2. Corporate Limits. Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries. 3. Section Lines. Where district boundaries are indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines, such lines shall be considered the district boundaries. 4. Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries. 5. Waterbodies and Watercourses. Boundaries shown as following, or approximately following, the centerline of drainage ways, streams, waterbodies, or other watercourses, shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline. 6. Unsubdivided Land or No Identifiable Feature. On unsubdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules: a. Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries. b. Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the official zoning map, if any. c. Map Scale. The boundary shall be located using the map scale appearing on the official zoning map. Page 3

4 G. Conflicts Resolved In the event of a conflict between the district boundaries on the official zoning map and the zoning of property provided by a duly enacted rezoning ordinance adopted before the effective date of this UDC, the official zoning map shall control. ARTICLE 2 LAND USE Division Permitted, Limited, Conditional, Temporary and Prohibited Uses Sec Interpretation of the Land Use Tables A. Generally. Figure 2.101, Illustrative Interpretation of Land Use Tables, illustrates how the land use tables are interpreted. 1. Displayed in Section 2.102, Residential and Commercial Uses of the Home, through Section 2.106, Temporary Uses, are the tables that set out which uses are permitted, limited, conditional, and prohibited in each zoning district. 2. The tables list uses in white and pink rows (the name of the use is listed in the first column), sometimes organized by category (brownish-red rows). 3. The second column, "Limited and Conditional Use Standards," refers to the section which provides the use-specific standards that apply to limited or conditional uses for districts in which the use is limited or conditional. 4. The remaining columns list the zoning districts by category. 5. In the table cells where rows and columns intersect, a letter or symbol indicates if the use is permitted, limited, conditional, or prohibited in the district. Page 4

5 Figure Illustrative Interpretation of Land Use Tables Example: A person wants to know if Example Use A is allowed on a parcel of land that is located in the CG district. The use is listed as "L," (shown in bold blue type with yellow background, below) which means that it is allowed, provided that it meets some additional standards that are set out in Division 2.200, Limited and Conditional Use Standards (see subsection B for details about the symbols in the illustration). Land Use Illustrative Land Use Table P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use Limited and Conditional Use Standards Zoning Districts Agriculture Residential Nonresidential A Group of Related Uses Follows Example Use A Example Use B A cross reference will be shown in Division 2.200, Limited and Conditional Use Standards. There is no L or C in this row, therefore there is no crossreference (i.e., ). X X X X X L C C C P P X P P X X X X TABLE NOTES: This is where additional regulatory provisions, clarity, or interpretations may be found specific to a row, column, or cell. Table notes are enforceable by the Building Official. B. Table Symbology. All the tables use the following symbols: 1. "P" means that the use is Permitted in the specified zoning district. The uses are approved by the Building Official, subject to the standards of this UDC that apply to all permitted uses. 2. "L" means that the use is allowed as a Limited Use in the specified zoning district. Limited uses are approved by the Building Official, subject to: a. The standards for permitted uses that are set out in this UDC; and b. The applicable use-specific standards set out in Division 2.200, Limited and Conditional Use Standards. 3. "C" means that the use is a Conditional Use in the specified zoning district. Conditional uses are approved by the City Council after a public hearing, subject to: a. The standards for permitted uses that are set out in this UDC; and b. The applicable use-specific standards set out in Division 2.200, Limited and Conditional Use Standards. 4. "X" means that the use is Prohibited in the specified zoning district. Sec Residential and Commercial Uses of the Home Set out in Table 2.102, Residential and Commercial Uses of the Home, are the residential and commercial uses of the home that are allowed in each zoning district. Page 5

6 Land Use Residential Uses Single-Family Detached Table Residential and Commercial Uses of the Home P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use Limited and Conditional Use Standards Zoning Districts Agriculture Residential Nonresidential - Cottage Sec X X X X L X X X X - Industrialized Housing Sec L L L L L X X X X - Single-Family Detached Sec P P P P P L L X X - Manufactured Home Sec L L L L L X X X X Single-Family Attached - Duplex Sec X X L L L X X X X - Triplex Sec X X L X L X X X X - Townhouse Sec X X L X L X X X X - Live-Work Unit Sec X X X X X X L X X Multi-family - Apartment Sec X X X X X L C X X Residential Neighborhood Types Standard Residential Neighborhood P P P P P X X X X Planned Cluster P P P X X X X X X Mixed-Use X X X X X X L X X Manufactured Home Park or Subdivision Recreational Vehicle (RV) Park Commercial Use of the Home C X C L L X X X X C X C L L X X X X Child-Care, Family Home Sec P L L L L L L X X Child-Care Facility, Group Home Child-Care Facility, Residential (foster home / agency foster home) Child-Care Facility, Residential (other) Sec X C C C C L L X X P P P P P X P X X Sec X C C C C L L X X Home Occupation Sec L L L L L X X X X TABLE NOTES: - Not Applicable. Sec Institutional, Recreation and Amusement Uses Set out in Table 2.103, Institutional, Recreation and Amusement Uses, are the institutional or recreation and amusement uses that are allowed in each zoning district. Page 6

7 Land Use Institutional Uses Table Institutional, Recreation and Amusement Uses P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use Limited and Conditional Use Standards Zoning Districts Agriculture Residential Nonresidential Assisted Living Facility Sec P L L L L P L X X Child Care Facility, Day- Care Sec P X X X X L L X X Hospitals X X X X X P P X X Medical Office / Clinic / Medical Lab Nursing / Convalescent Home Place of Public Assembly (event facilities; meeting halls; fraternal organizations; places of worship) Sec X X X X X P P X L Sec P L L L L P P X X Sec P C C L L P L X L Schools, Private X X C C C P X X X Schools, Public Sec X X C C C P X X P Recreation and Amusement Uses Commercial Amusement, Indoor Commercial Amusement, Outdoor X X X X X P P P P C X X X X C X X C Golf Course / Club C C C C X X X X X Recreation and Fitness, Indoor Recreation and Fitness, Outdoor X C C C C P P P P P P P P P P P P P Sexually-Oriented Business 1 X X X X X X X C X TABLE NOTES: - Not Applicable 1 See Chapter 111, Amusements, of the Cuero Code of Ordinances Sec Commercial Uses Set out in Table 2.104, Commercial Uses, is the commercial uses that are allowed in each zoning district. Page 7

8 Land Use Commercial Uses Table Commercial Uses P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use Limited and Conditional Use Standards Zoning Districts Agriculture Residential Nonresidential Alcohol Beverage Sales Sec C X X X X C C X C Animal Grooming Facilities Animal Boarding or Veterinarian Services, Large Animal Animal Boarding or Veterinarian Services, Small Animal P X X X X P P X X Sec P X X X X C X L X Sec P X X X X L L L X Bar or Nightclub 2 Sec X X X X X C C X X Drive-In, Drive-Through Facility Heavy Retail / Home Center Sec X X X X X L L X L Sec X X X X X L X L X Mixed-Use Sec X X X X X L L X X Nursery / Greenhouse, Retail Sec P X X X X C X C X Office, General X X X X X P P X P 1 Overnight Accommodations (hotels, motels) X X X X X L L X X Pawn Shop X X X X X P X X X Restaurant Sec C X X X X P P P X Retail Sales and Services Sec X X X X X P P P X Vehicle Gas or Fueling Station Vehicle Sales, Rental, and Service Sec C X X X X L X L L 1 Sec X X X X X L X L X Wholesale Sec X X X X X X X P X TABLE NOTES: - Not Applicable 1 These allowances are to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, fuel pumps or vehicle repair for government vehicles, alcohol sales at government sponsored public events, etc.) 2 See Chapter 110, Alcohol Beverages, of the Cuero Code of Ordinances Sec Agriculture, Industrial, Transportation, Utility and Communication Uses Set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, are the agriculture, industrial, transportation, utility, and communication uses that are allowed in each zoning district. Page 8

9 Land Use Agricultural Uses Table Agriculture, Industrial, Transportation, Utility and Communication Uses P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use Limited and Conditional Use Standards Zoning Districts Agriculture Residential Nonresidential Agriculture, General P X X X X X X X X Nursery / Greenhouse, Wholesale Industrial P X X X X X X X X Heavy Industry Sec X X X X X X X P X Light Industry Sec X X X X X X X P X Mining / Extraction Sec C X X X X X X C X Oil / Gas Operations Sec C X X X X X X C X Storage, Self Sec X X X X X L X L X Storage Yard Sec X X X X X L X L L 1 Vehicle Wrecking and Salvage Yard; Junkyard Warehousing and Logistics Waste Transfer Station / Recycling Collection Facility Transportation Uses Sec X X X X X X X C X Sec X X X X X X X L X Sec X X X X X X X L L Airport X X X X X X X X P Helistop Sec C X X X X C C C C Parking, Stand-Alone Sec X X X X X P L P P Rail Yard Sec X X X X X X X C X Utility Uses Power Generation, Smallscale (Renewable; Noncombustible) Power Generation, Utilityscale Sec P L L X X L L L P Sec X X X X X X X C X Public Utilities P P P P P P P P P Wireless Telecommunication Facility (WTF) Uses WTF, Attached Sec L L L L L L L L L WTF, Freestanding Non- Stealth Sec C X X X X C C C C WTF, Freestanding Stealth Sec L L L L L L L L L TABLE NOTES: - Not Applicable 1 These allowances are to accommodate functions or actions related to the public provisions of services (e.g., conversion or composting of vegetative material from public property into a useable product for citizen pickup and use, storage of government vehicles and equipment, and government recycling centers, etc.) Sec Temporary Uses Page 9

10 Set out in Table 2.106, Temporary Uses, are the temporary uses that are allowed in each zoning district. Land Use Table Temporary Uses P = Permitted Use; L = Limited Use; T = Temporary Conditional Use Permit; X = Prohibited Use Limited and Conditional Use Standards Commercial Outdoor Sales Events and Public Special Events Commercial Outdoor Sales Event Zoning Districts Agriculture Residential Nonresidential Sec X X X X X L L X X Public Special Event Sec L or T 2 X X X X L or T 2 L or T 2 X P Seasonal Sales Sec X X X X X L L X X Sidewalk Sales Sec X X X X X L L X X Truckload Sales Sec X X X X X L L X X Neighborhood Events Garage Sales Sec L L L L L L L L L Neighborhood Special Event Construction, Storage, and Refuse Collection Uses Asphalt or Concrete Batching Plant Model Home / On-Site Real Estate Office Sec L or T 2 L or T 2 L or T 2 L or T 2 L or T 2 L or T 1, 2 L or T 1, 2 X X Sec T X X X X X X T X Sec X L L X X X X X X Portable Storage Unit Sec P L L L L L L L L Temporary Construction Building Temporary Construction Dumpster Temporary Construction Yard TABLE NOTES: - Not Applicable Sec P X X X X L L L L Sec P L L L L L L L L Sec L X X X X X X L L 1 These allowances are for multi-family or residential uses that may occur as part of a mixed-use development. 2 If the attendance at a public special event or neighborhood special event is expected to be greater than 150 persons, but less than 500 persons, it requires limited use approval by the Building Official. If the attendance is expected to be greater than 500 persons, it requires a temporary conditional use permit. Sec Prohibited Uses in All Districts A. Generally. The following uses are prohibited in all areas of the City. B. Prohibited Uses. 1. Hazardous waste management facility; 2. Internet cafe / sweepstakes; 3. Mobile homes; 4. Rendering plants; 5. Solid waste facility; Page 10

11 6. Disposal of radioactive wastes; 7. All uses that are prohibited by local ordinance, or require the use or sale of materials that are prohibited by local ordinance; and 8. All uses that are prohibited by state or federal law or require the use or sale of materials that are prohibited by state or federal law. Sec Unlisted or Functionally Similar Uses A. Authorization of Proposed Use. If a proposed use is not specified in Section 2.102, Residential and Commercial Use of the Home; Section 2.103, Institutional, Recreation and Amusement Uses; Section 2.104, Commercial Uses; or Section 2.105, Agriculture, Industrial, Transportation, Utility, and Communication Uses, and the Building Official has made a determination that the use is either a subcategory of a permitted, limited, or conditional use, or a use that is functionally similar to a permitted, limited, or conditional use, the Building Official will authorize the proposed use, and apply all standards that would have applied to the similar use. B. If Not Authorized Then Prohibited. If the Building Official determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, limited, or conditional use, then the use is a prohibited use. C. Decision Criteria. The following decision criteria shall be evaluated when the Building Official, or at the Building Official's discretion, the Planning and Zoning Commission, decides whether a proposed use is a subcategory of, or is functionally comparable to, a permitted, limited, or conditional use: 1. Parking demand; 2. Average daily and peak hour trip generation (cars and trucks); 3. Impervious surface; 4. Regulated air or water emissions; 5. Noise; 6. Lighting; 7. Dust; 8. Odors; 9. Solid waste generation; 10. Potentially hazardous conditions, such as projectiles leaving the site; 11. Use and storage of hazardous materials; 12. Character of buildings and structures; 13. Nature and impacts of operation; and 14. Hours of operation. Division Limited and Conditional Use Standards Sec Limited and Conditional Uses, Generally A. Timing of Compliance. The standards of this Division apply at the time a limited or conditional use is requested to be established in an existing or new structure, and when an existing limited or conditional use is proposed to be expanded by more than 10 percent of the Page 11

12 existing square footage currently devoted to the use. This Division applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof. This Division also applies to all Temporary Uses as set out in Section 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Permit Standards. B. Other Applicable Standards. The standards of this Division are applied in addition to the other applicable standards of this UDC. C. Procedures. For conditional uses, the procedures set out in Section , Conditional Use Permits, apply. D. Uses Not Listed. If there are conditional uses specified in the tables of Division 2.100, Permitted, Limited, Conditional, Temporary and Prohibited Uses, that are not included in this Division, all applicable standards of this UDC and all conditions of approval that may be determined by the Planning and Zoning Commission and City Council shall apply. E. Limited and Conditional Use Tables. Section 2.202, Residential Limited and Conditional Use Standards, through Section 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Standards, contain standards that apply to each of the limited and conditional uses. The tables are interpreted as follows: 1. Use. The first column, Use, lists the use to which the standards specified in the same row apply. 2. District. The second column, District, lists the district in which the standards specified in the same row apply. This may mean that different standards apply to the use, depending upon the district in which it is located. 3. Location. The third column, Location, specifies where the use may be located (e.g., in the C- 2 district, residential is only allowed above a nonresidential use), or not located (e.g., a child-care family home cannot be located on an arterial street), or certain minimum spacing (e.g., 600 feet between similar uses), etc. 4. Design. The fourth column, Design, specifies the design requirements that are specific to this use. 5. Other Standards. The fifth column, other, specifies additional standards that are specific to the use (e.g., operational limitations, or licensing requirements, etc.). Sec Residential Limited and Conditional Use Standards A. Generally. The standards of this Section apply to residential uses that are set out in Table 2.102, Residential and Commercial Uses of the Home, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally. B. Standards. Set out in Table 2.202, Residential Limited and Conditional Use Standards, are the standards that apply to each use. Table Residential Limited and Conditional Use Standards Use District Location Design Other Cottage Industrialized Housing All single-family detached or duplex industrial housing units shall be required to have similar exterior siding, roofing, roofing pitch, See Section 3.201, Established Neighborhoods and Section 3.204, Alternate Neighborhood Transition Standards. A. In addition to application materials required for all new housing, the Building Official shall require the following: Page 12

13 Table Residential Limited and Conditional Use Standards Use District Location Design Other Manufactured Home They are located within a manufactured home park or subdivision. The use existed on the effective date of this UDC. foundation fascia, fenestration, and a value equal to or greater than the median taxable value for each single-family detached dwelling unit located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county. See Section 4.203, Manufactured Home Park or Subdivision and Section , Manufactured Home Unit Standards. 1. A confirmation that the proposed industrialized housing unit complies with the design standards set out in this subsection. 2. A complete set of designs, plans, and specifications bearing a stamp of approval Texas Industrialized Building Code Council. B. To ensure compliance with designs, plans, and specifications, the following on-site inspections are required by the Building Official. 1. Confirmation that each module or modular component bears an approved decal or insignia by the Texas Department of Licensing and Regulation signifying that each module or modular component has received a postconstruction inspection ensuring conformance with state-mandated building codes. 2. The construction of the foundation system; and 3. The erection and installation of the modules or modular components on the foundation. See Section 4.203, Manufactured Home Park or Subdivision and Section , Manufactured Home Unit Standards. See Section , Nonconforming Manufactured Homes. Multi-Family They are not located closer than 200 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street. Apartments are allowed as follows: A. All units are accessed via interior hallways and designed and constructed with a balcony. B. The apartment building(s) shall be separated from nonresidential uses by a Type B bufferyard or a local street. See Division 7.300, Bufferyard Landscaping. C. The design of the apartment buildings shall be in Page 13

14 Table Residential Limited and Conditional Use Standards Use District Location Design Other Single-Family Attached They are not located closer than 150 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street. conformance with Section , Multi-Family Design Standards. Apartments are allowed as follows: A. They are integrated into mixed-use buildings and located above the ground floor. B. All units are accessed via interior hallways and designed and constructed with a balcony. C. The design of the apartment buildings shall be in conformance with Section , Multi-Family Design Standards. D. Vehicular access to the units is provided via an alley, parking structure, or parking court. E. Parking is in a parking lot or parking structure behind or underneath the building. A. Within the allowable neighborhood types, they are separated from single-family detached dwellings by a Type A bufferyard or a local street. See Division 7.300, Bufferyard Landscaping. B. Townhouses if provided, are constructed in groups of not less than four and not more than six units. A. Duplexes, if provided, are limited to side-by-side duplexes. B. Townhouses if provided, are constructed in groups of seven. In the C-2 district, live-work units are the only single-family attached housing type allowed. The units shall comply with the following: A. Each unit must be designed with an external appearance as a residence rather than a commercial business. B. Vehicular access to the units must be provided via an alley, parking structure, or parking court. C. A single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling. D. The area devoted to work does not exceed 25 percent of the total habitable area of See Section 3.204, Generalized Standards for Neighborhood Transition. In the live-work unit, employees are limited to the person who owns the property, or the immediate family living and working within the dwelling unit. Page 14

15 Table Residential Limited and Conditional Use Standards Use District Location Design Other the unit. Single-Family Detached The use existed on the effective date of this UDC. TABLE NOTES: - Not Applicable. Sec Commercial Use of the Home Limited and Conditional Use Standards A. Generally. The standards of this Section apply to commercial uses of the home that are set out in Table 2.102, Residential and Commercial Uses of the Home, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally. B. Standards. Set out in Table 2.203, Commercial Use of the Home Limited and Conditional Use Standards, are the standards that apply to each use. Table Commercial Use of the Home Limited and Conditional Use Standards Use District Location Design Other Child-Care, Family Home A. Limited to single-family detached buildings that meet all of the standards of this UDC. B. The family home is not located on an arterial street. C. There is no other family home or group home located on the same street segment that terminates in a dead end or cul-de-sac. D. The family home is a minimum of 600 feet from any other family home and 750 feet from a group home, measured along a straight line from the closest lot lines. In addition to the requirements for R-1, R-2, NC, and NT districts (above), family homes in nonresidential districts are limited to single-family detached dwellings that existed on the effective date of this UDC. A. There is at least 100 square feet of open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least six feet. B. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against the street-facing facade of the dwelling. C. There is adequate space onsite for temporary parking and drop-off and pick-up during peak times. Same as R-1, R-2, NC, and NT provisions above. A. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state. B. No more than one person other than members of the immediate family residing in the dwelling unit will be employed on the site of the home-based business. Same as R-1, R-2, NC, and NT provisions above. Child-Care Facility, Group Home or Child-Care Facility, Residential (other) Same provisions as for child-care, family home, except that a childcare facility, group home shall be located a minimum of 1,000 feet from any other group home and 750 feet from a family home, measured along a straight line from the closest lot lines. Same provisions as for a child-care, family home, above. Same provisions as for a child-care, family home, above. Page 15

16 Table Commercial Use of the Home Limited and Conditional Use Standards Use District Location Design Other Home Occupation TABLE NOTE: - Not Applicable A. There is no exterior indication of the home occupation, except that a single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling. B. No entrance is specifically dedicated for the home occupation, unless otherwise required by law. C. No external alterations or construction or reconstruction of the dwelling unit on the lot to accommodate the home occupation is permitted. D. Not more than 25 percent of the gross floor area of the dwelling unit, or 400 square feet, whichever is less, shall be devoted to a home occupation, excluding the floor area of an attached or detached garage or an accessory dwelling unit. The maximum floor area shall apply to any accessory buildings or structures used as part of the home occupation. A. The home occupation shall be owned and operated by the person, or the immediate family, living and working within the dwelling unit. B. The home occupation shall be carried on wholly within the principal dwelling unit or in an accessory building or structure. C. There shall be no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation that is visible from the exterior of the dwelling unit. D. The home occupation will not create or cause any perceptible noise, odor, smoke, heat, dust, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties. E. The home occupation shall not create any increase in vehicular flow or parking by more than two additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district. F. Home occupations are not allowed in multi-family dwelling units. G. The following home occupations are prohibited: 1. Child-care facilities with greater than 10 children; 2. Vehicle sales, repair, or service, including painting of vehicles and boats; and 3. Private schools. Sec Institutional Limited and Conditional Use Standards A. Generally. The standards of this Section apply to institutional uses that are set out in Table 2.103, Institutional, Recreation and Amusement Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally. B. Standards. Set out in Table 2.204, Institutional Limited and Conditional Use Standards, are the standards that apply to each use. Page 16

17 Table Institutional Limited and Conditional Use Standards Use District Location Design Other Assisted Living Facility Assisted living facility uses are allowed in the R-1, R-2, NC, NT, and C-2 districts only as an accessory use of a place of public assembly that is in conformance with all the provisions of this UDC. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state. Child Care Facility, Day- Care Medical Office / Clinic / Medical Lab Nursing / Convalescent Home Nursing / convalescent home facility uses are allowed in the R-1, R-2, NC, NT, and C-2 districts only as an accessory use of a place of public assembly that is in conformance with all the provisions of this UDC. A. The facility shall be located on and have access to a collector or arterial street. B. The facility shall have at least one building entrance dedicated solely for its use. C. Outdoor activities shall be: 1. Located a minimum of 100 feet from any residentially used or zoned property (measured along a straight line from the closest lot lines) or separated by a Type B bufferyard or other one-story buildings (if child care center is located on the interior of a multi-tenant complex); 2. Screened by a secure masonry wall, fence, or evergreen hedge no less than five feet in height and maintained in good condition; and 3. Used only between the hours of 7:30 AM and 6:00 PM. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state. Medical offices, clinics, and medical labs that are operated by a governmental entity (e.g., Cuero- DeWitt County Health Department) are allowed in the PR district. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state. Place of Public Assembly A. The use has a minimum site area that is three times the minimum lot size of the respective district. B. The parcel proposed for development is located along and arterial or collector street. C. Parking shall be: 1. provided on-site without requiring parking on contiguous or Page 17

18 Table Institutional Limited and Conditional Use Standards Use District Location Design Other TABLE NOTE: - Not Applicable The use existed as a place of public assembly on the effective date of this UDC. noncontiguous parcels. 2. conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence. The parcel proposed for development is located along and arterial or collector street. Parking shall be: A. Be accommodated through on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly; and B. Not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses. The existing use may be expanded on-site or to abutting lots if: A. The expansion will allow the use to take access from an arterial or collector street; B. The owner of the property also owned the abutting lot onto which the expansion is proposed on the effective date of this UDC. C. The expansion will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless an equivalent buffer is already provided. See Division 7.300, Bufferyard Landscaping. Sec Commercial Limited and Conditional Use Standards A. Generally. The standards of this Section apply to commercial uses that are set out in Table 2.104, Commercial Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally. B. Standards. Set out in Table 2.205, Commercial Limited and Conditional Use Standards, are the standards that apply to each use. Page 18

19 Table Commercial Limited and Conditional Use Standards Use District Location Design Other Animal Boarding and Veterinarian Services, Large Animal Animal Boarding and Veterinarian Services, Small Animal Drive-In, Drive- Through Facility Heavy Retail / Home Center No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, childcare facility, or public park (except a dog park). No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, childcare facility, or public park (except a dog park). A. Drive-in, drive-through facilities are permitted only as an accessory use to a principal use (e.g., restaurant or bank). B. The facility shall take access from an arterial or collector street. The facility shall take access from an arterial or collector street. A. The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process. B. There will be no outdoor livestock pens. Outdoor livestock pens: A. Will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals; and B. Shall be set back at least 50 feet from all lot lines and are allowed only to the rear of the use, provided that the abutting property is zoned AG, C-1, or I-1. The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process. Outdoor dog runs and animal exercise areas will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals. See Division 7.300, Bufferyard Landscaping. A. The drive-in, drive-through facility shall not be located within the front yard. B. Ordering stations facing abutting residentially zoned or used property shall be buffered with a 5 to 6 foot high masonry wall and landscaping. Outdoor display areas: A. Cannot be larger than 30 percent of the footprint of the principal building. B. Must be enclosed by a structure that screens the merchandise. C. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use. A. The use involves the sale of a single category of merchandise and is characterized by one or more of the following: No livestock or large animals will be boarded, treated, or kept on the premises. Drive-in and drive-through uses are allowed to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, etc.) Page 19

20 Table Commercial Limited and Conditional Use Standards Use District Location Design Other Overnight Accommodations (hotels, motels) The minimum area of the parcel proposed for development is three acres. 1. Outdoor displays that are larger in area than the footprint of the principal building; 2. The sale of goods that are manufactured on-site. B. Permitted examples include: 1. Permanent retail operations that are located outside of enclosed buildings; 2. Lumber and other building materials; or 3. Lawn, garden equipment, and related supplies stores. C. Prohibited examples include: warehouse clubs, super stores, and home centers. Vehicle Gas or Fueling Station Vehicle Sales, Rental, and Service TABLE NOTE: - Not Applicable The use shall not be located within: A. the 100-year or 500-year floodplain. B. 200 feet of a wetland, waterbody (except detention or retention with treatment), or permitted potable water well. A. All outdoor display areas for rental or sales of vehicles shall: 1. Be located on an approved hard surface; 2. Be located in areas that are outside of the minimum required parking spaces for the use; 3. Be located outside of the right-ofway; and 4. Include no more than one elevated display which raises the vehicle no more than three feet off the ground. B. Accessory uses and structures, such as vehicle wash facilities and their incidental functions (e.g., vacuums and air compressors) are set back a minimum distance of 50 feet from all rear and side yards of residentially zoned or used property and public rights-of-way. The use is allowed to accommodate functions or actions related to the public provisions of services (e.g., fuel pumps or vehicle repair for government vehicles, etc.) Sec Industrial Limited and Conditional Use Standards Page 20

21 A. Generally. The standards of this Section apply to industrial uses that are set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally. B. Standards. Set out in Table 2.206, Industrial Limited and Conditional Use Standards, are the standards that apply to each use. Table Industrial Limited and Conditional Use Standards Use District Location Design Other Heavy Industry Mining / Extraction Oil / Gas Operations Storage, Self The use shall be spaced, measured along a straight line from the closest lot lines from residentially zoned or used property, places of public assembly, child-care facilities, hospitals, private and public schools, at least: A. 300 feet, if the area of the use is 7,500 sf. or less, unless the use involves a material risk of explosion or toxic air emissions; Outdoor storage areas are located at least 150 feet from arterial streets or buffered from such streets by a Type C bufferyard. B. 1,000 feet, if the area of the use is larger than 7,500 sf. or the use involves a material risk of explosion or toxic air emissions. A. The use shall be spaced, measured along a straight line from the closest lot lines, from residentially zoned or used property, places of public assembly, child-care facilities, hospitals, private and public schools, colleges, universities, and vo-tech at least 1,000 feet. B. Extraction uses are prohibited in areas that are within a cone of influence around a wellhead. The minimum size of a self-storage facility is one acre. A. The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress. The bufferyard shall include a berm. Noise studies shall be conducted to establish the minimum required berm height, based on the equipment operated at the site. The berm shall Extraction uses shall ensure that noise is not generated at a restrict hours of operation level greater than 55 dba at the lot line. to 7:00 AM to 6:00 PM, B. Any processing which results in waste weekdays. materials shall provide information about the pollution potential of the waste materials. The City shall deny any plans that have a substantial risk of polluting ground or surface waters due residual or waste materials from extraction. The use (including drilling) shall be surrounded See Chapter 153, Oil and by a Type C bufferyard, which shall be sufficient Natural Gas Well Drilling to screen operations within 45 days of and Operations, of the production. Cuero Code of Ordinances. A. No storage buildings may open into required front yards adjacent to public street right-of-way or any abutting district. B. All driveways within the facility shall provide an improved hard surface with a minimum width of 30 feet. C. Fencing and gates will be constructed of decorative metal. Barbed wire and chain-link fencing will not be installed, unless not visible from any property line. D. The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress. A. Activities within the facility shall be limited to the rental of storage cubicles or garages and the administration and maintenance of the facility. B. All storage must be within enclosed buildings and shall not include the storage of hazardous Page 21