Cuero City Zoning Code

PART 2

DENSITY, INTENSITY, BULK AND SCALE

§ 3.101 Development Standards for New Residential Neighborhoods.

Generally.

These standards apply to all subdivisions or resubdivisions of property that create at least two buildable lots and to all proposed developments with at least two dwelling units on a single parcel.

Standard and Alternate Development.

Set out in Table 3.101A, Standard and Alternate Residential Development Standards, and Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts, are the standards that apply to new residential development. The development (minimum lot area, minimum open space ratio, and maximum gross density) and lot and building standards (lot width, setbacks, and building height) are set out for each zoning district and development option.

Interpretation of Table.

Tables 3.101A and 3.101B may be interpreted as follows:

Development Option.

District refers to the zoning districts set out in Table 1.101A, Zoning Districts Established.

District Allowed.

District Allowed indicates which districts the specified development option is allowed, which is further restricted by Table 2.102, Residential and Commercial Uses of the Home.

Minimum Lot Area.

Minimum Lot Area sets out the minimum lot size that is used to establish the gross density within each development option.

Minimum Open Space Ratio.

Minimum Open Space Ratio (OSR) sets out the minimum amount of common open space that is required within each development option as part of the entire development.

Maximum Gross Density.

Maximum Gross Density sets out the maximum number of dwelling units per acre for each development option.

Lot Width.

Lot Width sets out the minimum width of the lot at the building line.

Minimum Setbacks.

Minimum Setbacks sets out the minimum front, interior and street side, and rear building setbacks for each development option.

Maximum Building Height.

Maximum Building Height sets out the maximum height of buildings within each development option.

Table 3.101A
Standard and Alternative Residential Development Standards
Development Option	District Allowed	Development Standards			Lot and Building Standards
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Minimum Setbacks				Maximum Building Height
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Front	Interior Side	Street Side	Rear	Maximum Building Height
Option #1 - Standard Development (The following single-family detached housing configurations are permitted outright as part of standard development in the districts specified.)
Agriculture, Standard	AG	2 ac.	0%	0.45	220'	50'	20'	30'	75'	45'
Single-Family Detached Residential²	R-1	13,500 sf	10%	2.52	75'	30'	10'	25'	20'	35'
Single-Family Detached Residential²	R-2	7,200 sf	15%	4.23	60'	20'	5'	15'	15'	35'
Option # 2A - Alternate Development for Single-Family Detached Planned Clusters (The following single-family detached cluster development configurations are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater protections of open space.)
Agriculture, Planned Cluster³	R-2	1.0 ac.	10%	0.81	125'	60'	15'	20'	40'	35'
Single-Family Detached Residential Planned Cluster³	R-2	5,000 sf	20%	5.49	50'	20'	5'	15'	15'	35'
Manufactured Home Park or Subdivision⁴	AG R-2	5,000 sf	25%	5.31	40'	20'	10'	15'	20'	35'
Recreational Vehicle Parks⁵	AG R-2	See Section 4.204, Recreational Vehicle (RV) Parks
Option # 2B - Alternate Development for Single-Family Attached Planned Clusters³ (The following single-family attached planned development are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater resource protections of open spaces.)
Duplex	R-2	9,000 sf⁷	25%	5.60	50'	20'	0'	15'⁸	15'	35'
Triplex	R-2	6,600 sf⁷	25%	11.62	22'	20'	0'	15'⁸	15 '	35'
Townhouse⁶	R-2	12,000 sf⁷	25%	12.55	20'	20'	0'	15'⁸	15 '	40'

TABLE NOTES:
1.	In certain circumstances, a greater open space ratio may be required to protect floodplains. Planned cluster development offers the highest densities with the greatest amount of open space for resource protection purposes.
2.	Lots in the R-1 and R-2 zoning districts that exist prior to the effective date of this UDC shall follow the development standards and lot and building standards as are set out on approved preliminary or final plats, as follows: Minimum side yard = 5'; minimum street side yard = 5'; minimum rear yard = 15'; minimum front yard = 20'; and minimum lot area = 5,000 sf.
3.	The minimum area of the parcel proposed for development of a new planned cluster development is 10 acres.
4.	The minimum and maximum area of the parcel proposed for development of a manufactured home park or subdivision is set out in subsection 4.203B, Minimum and Maximum Site Area.
5.	The minimum and maximum area of the parcel proposed for development of a recreational vehicle park is set out in subsection 4.204C, Minimum and Maximum Site Area.
6.	Townhouses shall not have more than six units per building and each building shall be separated by a minimum of 25 feet.
7.	In addition to the common area needed for meeting the minimum open space requirements for the entire parcel proposed for development, the minimum lot size consists of 9,000 sf for duplexes (two dwelling units at 4,500 sf each), 6,600 sf for triplexes (three dwelling units at 2,200 sf each), and 12,000 sf for townhouses (up to six dwelling units at 2,000 sf each). The minimum lot area per dwelling unit may be platted as a single lot (with a condominium form of ownership), or as separate lots (e.g., three lots at 2.200 [2,200] sf for triplexes under fee-simple form of ownership). See also Section 3.102, Alternate Standards for Condominium and Alternate Land Ownership Patterns).
8.	The street side setback is also the minimum side setback for end units.
9.	The minimum principal dwelling size shall be for one bedroom – 800 square feet; two bedroom – 1000 square feet; three bedroom – 1,200 square feet.

Table 3.101A
Standard and Alternative Residential Development Standards
Development Option	District Allowed	Development Standards			Lot and Building Standards
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Minimum Setbacks				Maximum Building Height
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Front	Interior Side	Street Side	Rear	Maximum Building Height
Option #1 - Standard Development (The following single-family detached housing configurations are permitted outright as part of standard development in the districts specified.)
Agriculture, Standard	AG	2 ac.	0%	0.45	220'	50'	20'	30'	75'	45'
Single-Family Detached Residential²	R-1	13,500 sf	10%	2.52	75'	30'	10'	25'	20'	35'
Single-Family Detached Residential²	R-2	7,200 sf	15%	4.23	60'	20'	5'	15'	15'	35'
Option # 2A - Alternate Development for Single-Family Detached Planned Clusters (The following single-family detached cluster development configurations are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater protections of open space.)
Agriculture, Planned Cluster³	R-2	1.0 ac.	10%	0.81	125'	60'	15'	20'	40'	35'
Single-Family Detached Residential Planned Cluster³	R-2	5,000 sf	20%	5.49	50'	20'	5'	15'	15'	35'
Manufactured Home Park or Subdivision⁴	AG R-2	5,000 sf	25%	5.31	40'	20'	10'	15'	20'	35'
Recreational Vehicle Parks⁵	AG R-2	See Section 4.204, Recreational Vehicle (RV) Parks
Option # 2B - Alternate Development for Single-Family Attached Planned Clusters³ (The following single-family attached planned development are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater resource protections of open spaces.)
Duplex	R-2	9,000 sf⁷	25%	5.60	50'	20'	0'	15'⁸	15'	35'
Triplex	R-2	6,600 sf⁷	25%	11.62	22'	20'	0'	15'⁸	15 '	35'
Townhouse⁶	R-2	12,000 sf⁷	25%	12.55	20'	20'	0'	15'⁸	15 '	40'

TABLE NOTES:
1.	In certain circumstances, a greater open space ratio may be required to protect floodplains. Planned cluster development offers the highest densities with the greatest amount of open space for resource protection purposes.
2.	Lots in the R-1 and R-2 zoning districts that exist prior to the effective date of this UDC shall follow the development standards and lot and building standards as are set out on approved preliminary or final plats, as follows: Minimum side yard = 5'; minimum street side yard = 5'; minimum rear yard = 15'; minimum front yard = 20'; and minimum lot area = 5,000 sf.
3.	The minimum area of the parcel proposed for development of a new planned cluster development is 10 acres.
4.	The minimum and maximum area of the parcel proposed for development of a manufactured home park or subdivision is set out in subsection 4.203B, Minimum and Maximum Site Area.
5.	The minimum and maximum area of the parcel proposed for development of a recreational vehicle park is set out in subsection 4.204C, Minimum and Maximum Site Area.
6.	Townhouses shall not have more than six units per building and each building shall be separated by a minimum of 25 feet.
7.	In addition to the common area needed for meeting the minimum open space requirements for the entire parcel proposed for development, the minimum lot size consists of 9,000 sf for duplexes (two dwelling units at 4,500 sf each), 6,600 sf for triplexes (three dwelling units at 2,200 sf each), and 12,000 sf for townhouses (up to six dwelling units at 2,000 sf each). The minimum lot area per dwelling unit may be platted as a single lot (with a condominium form of ownership), or as separate lots (e.g., three lots at 2.200 [2,200] sf for triplexes under fee-simple form of ownership). See also Section 3.102, Alternate Standards for Condominium and Alternate Land Ownership Patterns).
8.	The street side setback is also the minimum side setback for end units.
9.	The minimum principal dwelling size shall be for one bedroom – 800 square feet; two bedroom – 1000 square feet; three bedroom – 1,200 square feet.

New Neighborhoods/Subdivisions.

Projects that propose new neighborhoods or subdivisions shall demonstrate compliance with this Section using the entire parcel proposed for development regarding the calculation of minimum open space ratio and maximum gross density, and are subject to the standards set out in Division 4.200, Residential Development Design.

Requirements for Phased Developments.

Projects that are proposed to be phased shall demonstrate compliance with this Section using the entire parcel proposed for development regarding the calculation of minimum open space ratio and maximum gross density.

Accessory Buildings and Structures.

The standards for accessory buildings and structures are set out in Section 11.101, Accessory Buildings and Structures, and Section 11.102, Accessory Dwelling Units, which apply to both new and established neighborhoods.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2018-09 adopted 8/13/18)

§ 3.102 Alternative Standards for Condominium and Alternative Land Ownership Patterns.

Generally.

The standards of Section 3.101, Development Standards for New Residential Neighborhoods, with respect to lot area, lot width, and setbacks relate to the development of residential buildings on conventional lots that are intended to be owned in fee-simple by the owners of the buildings. However, the standards are not intended to preclude other ownership types, such as single-ownership of all units (rentals); condominiums (in which the land is owned in common by the owners of the condominium units); or common maintenance communities (in which fee-simple ownership is limited to the land under the building, and, in some cases, a small area around it). The alternative standards of this Section are intended to allow such alternative ownership arrangements, provided that the development could be approved pursuant to this UDC using conventional fee-simple ownership arrangements.

Demonstration of Compliance.

The proposed pattern of development will be allowed if it is demonstrated that it would comply with the density, open space, and applicable setback requirements of this UDC if it were platted with lots that meet the minimum requirements of Section 3.101, Development Standards for New Residential Neighborhoods, and other applicable standards of this UDC.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.201 Established Neighborhoods, Generally.

Generally.

This Division establishes standards for the development, redevelopment, and substantial improvement of lots and buildings in established neighborhoods.

Neighborhood Conservation Standards.

In the NC subdistricts of NC-R1, NC-R2, NC-R3, NC-R4, and NC-MH, all proposed development of vacant lots, redevelopment of existing buildings, or expansion of existing buildings, shall comply with Section 3.202, Neighborhood Conservation Standards.

Alternative Neighborhood Conservation District Standards.

In the NC subdistricts of NC-R1, NC-R2, NC-R3, NC-R4, and NC-MH, alternative standards (see Section 3.203, Alternative Neighborhood Conservation Standards) are provided for the expansion or reconfiguration of existing buildings when the expansion or reconfiguration cannot comply with the general development standards set out in Section 3.202, Neighborhood Conservation Standards.

Alternate Neighborhood Transition District Standards.

In the NT subdistrict of NT-R5 and NT-R6, standards are provided which allow the aggregation of lots as a means to allow a different form of development or redevelopment than what was traditionally allowed.

Conforming Buildings and Lots.

Buildings.

All buildings that lawfully existed or were the subject of an active building permit on the effective date of this UDC are “conforming” buildings with respect to the height and setback requirements set out in this Division if they are located in the NC-R1, NC-R2, NC-R3, NC-R4, NC-MH, NT-R5, or NT-R6 subdistricts. However, this Section does not make the following buildings conforming:

Buildings that were constructed without required permits; and

Buildings that were constructed in violation of permit requirements.

Lots.

All lots that lawfully existed on the effective date of this UDC are “conforming” with respect to lot width and lot area if they are located in the NC-R1, NC-R2, NC-R3, NC-R4, NC-MH, NT-R5, or NT-R6 subdistricts. The lot width and lot area requirements of Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, or Table 3.204A, Lot and Building Standards for NT-R5, or Table 3.204B, Lot and Building Standards for NT-R6 Lots, apply only to the subdivision or combination of existing lots or parcels within these districts after the effective date of this UDC. However, this Section does not make originally platted conforming lots, later split by a metes and bounds description, into a nonconforming lot.

Nonresidential Uses.

All lawfully permitted nonresidential uses may be continued provided that they were constructed in conformance with the original permit or conditional use permit and the development regulations at the time of permitting.

Expansions to existing nonresidential uses shall be in conformance with the original permit or conditional use permit and the development regulations at the time of permitting. If an expansion was not considered during the initial grant of approval, the expansion shall comply with subsection C.3., below.

Substantial improvement, redevelopment, and new nonresidential development, shall comply with all applicable provisions of this UDC, including those set out in Part 1, Zoning Districts and Land Uses, Division 2.200, Limited and Conditional Use Standards, Division 3.300, Nonresidential and Mixed-Use Lot and Scale Standards, Article 11, Supplemental Standards, applicable sections of Part 3, Site Design, among other applicable sections of this UDC.

Relationship to Variances.

Compliance with the standards of this Division are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the general or alternative standards of this Division.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.202 Neighborhood Conservation Standards.

Generally.

The standards of this Section are applied as a matter of right in the NC-R1, NC-R2, NC-R3, NC-R4 and NC-MH subdistricts. If an application does not comply with these standards, which are consistent with those of existing development, then the parts of the application that do not comply (e.g., setbacks) are evaluated according to the alternate development standards set out in Section 3.203, Alternative Neighborhood Conservation Standards. If parts of the application do not comply with either these standards or the alternative standards, then a variance may be sought.

Setbacks.

Setback standards apply in a different manner than in conventional zoning districts. In the NC district, they apply:

To new homes that are built on vacant lots, or on lots where the existing building is torn down and rebuilt; and

To determine how expansions to existing homes are approved, as follows:

Expansions of existing buildings that are set back in accordance with the setback standards are approved by the issuance of a new permit; and

Expansions of existing buildings that are not set back in accordance with the setback standards are reviewed for compliance with alternative development standards before a permit can be issued (see Section 3.203, Alternate Neighborhood Conservation Standards).

Lot Standards.

The lot standards in each NC subdistrict are set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts. These standards do not make existing development nonconforming.

Table 3.202
Lot and Building Standards for Neighborhood Conservation Subdistricts
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type	Minimum Lot Width	Lot Area		Minimum Setback				Maximum Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Maximum Building Height
NC-R1	R-1	Single-family detached dwellings	40'	4,000 sf	8,000 sf	20'	5'	5'	15'	35'
NC-R2	R-2	Duplex (two-family residential) dwellings¹	N/A	N/A	N/A	20'	5'	5'	15'	35'
NC-R3	R-3	Multi-family dwellings¹	N/A	N/A	N/A	20'	5'	5'	15'	35'
NC-R4	R-1	Single-family detached dwellings	80'	8,000 sf	N/A	20'	5	5'	15'	35'
NC-MH	MH	Manufactured Homes²	40'	4,000 sf	N/A	20'	5'	5'	15'	35'
	MHP						10'	10'	20'
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Duplex and multi-family buildings are conforming. Expansions to individual dwelling units are allowed provided that no portion of any building shall be closer than 20 feet from any other building and all lot and building standards of this Section have to be met. No new dwelling units are allowed.
2.	Manufactured homes are allowed to be replaced provided that the replacement units meet the standards of this Section as well as Section 10.103, Manufactured Home Unit Standards and Section 12.107, Nonconforming Manufactured Homes.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 4, adopted 7/19/16)

§ 3.203 Alternative Neighborhood Conservation Standards.

Generally.

This Section applies only to modifications of existing buildings, where the proposed modification involves encroachment into a setback that is required by Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts. Any specific setback (e.g., front yard, interior side yard, street side yard, or rear yard) that complies with the table is not subject to further review under this Section.

Relationship to Variances.

Compliance with the standards of this Section is equivalent to compliance with the standards of Section [Table] 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, and approvals hereunder are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the standards of this Section.

Relationship to Easements and Rights-of-Way.

The standards of this Section shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.

Alternative Front Setbacks.

The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts:

Enclosure of Front Porches.

Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.

Addition of Front Porch.

Front setbacks may be reduced by up to six feet from the standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, in order to allow for the construction of a front porch, provided that:

The added front porch would not be located closer than 10 feet to the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 sf.; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Front Setback Averaging.

Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district, provided that:

The parcel proposed for development is not counted in the calculation; and

If the parcel proposed for development takes vehicular access from the front, the driveway must be at least:

25 feet long, measured from the property line at the right-of-way to a building wall or garage door; and

ii.

The width of the garage door(s) are not more than 18 feet or less than nine feet in width (see Figure 3.203, Illustrative Front Setback Averaging).

Figure 3.203

Illustrative Front Setback Averaging

In the illustration above, the general setback, labeled “G,” is 20 feet. However, the average setback of all other lots on the same side of the street segment is 14 ft. ((10 + 15 + 10 + 25 + 10) / 5 = 14), which is labeled as “A.”

If the building on the parcel proposed for development meets the vehicular access requirements of a 9 ft. x 25 ft. driveway, the front setback may be reduced to 14 feet.

Alternative Street Side Setbacks.

The following standards may be applied to street side setbacks as an alternative to the street side setback standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts.

Wide Planting Strip.

The street side setback may be reduced by up Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, if:

There is an existing sidewalk along the side street that is at least four feet wide;

A planting strip is located within the public right-of-way between the edge of the sidewalk and the property line;

The planting strip is at least five feet wide along the portion of the property that would be affected by the setback reduction; and

The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.

Subdivision Fencing Along Arterial or Collector Street.

The street side setback may be reduced to five feet if:

The street side yard abuts a bufferyard that screens the development from an arterial or collector street;

The bufferyard includes an opaque fence that complies with the standards of Section 11.103, Fences and Walls, with respect to the continuity of subdivision fencing, and separates the side yard from the street;

There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;

The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit; and

The portion of the building to which the reduced setback applies is not more than one story in height.

Alternative Interior Side Setbacks.

Interior side setbacks may be reduced to three feet along lot lines that abut tracts that are designated as permanent open space or servitude, provided that the tracts are at least 50 feet wide along the entire length of the lot line.

Alternative Rear Setbacks.

The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts.

Abutting Permanent Open Space.

Rear setbacks that abut lots or parcels that are designated as permanent open space or servitude that is at least 50 feet wide along the distance of the lot proposed for development may be reduced to 10 feet.

Subdivision Fencing Along Arterial or Collector Street.

The rear setback may be reduced to 10 feet if:

The rear yard abuts the right-of-way for an arterial or collector street;

An opaque fence that complies with the standards of Section 11.103, Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street;

The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and

The portion of the building to which the reduced setback applies is not more than one story in height.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.204 Alternate Neighborhood Transition Standards.

Generally.

For the purpose of enabling and encouraging neighborhood transition or redevelopment to occur on vacant lots and blocks within the NT district, alternate lot, building, and design standards are provided in this Section. In general, this Section provides alternate lot and building standards (i.e., reductions) from those set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, which are intended to allow the aggregation and redevelopment of existing lots using different housing types (e.g., cottages, duplexes, triplexes, and townhouses) to improve development yield during redevelopment. For lots that cannot be aggregated, lot and building standards have been set to still allow single-family detached dwellings and/or in some cases, cottages, while still meeting the minimum performance standards.

Alternate Standards for the NT-R5 Subdistrict.

NT-R5 Lot and Building Standards.

New development, redevelopment, and substantial improvement of lots within the NT-R5 subdistrict shall comply with the standards of Table 3.204A, Lot and Building Standards for NT-R5 Lots.

Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Lot Area		Minimum Setback				Max. Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Max. Building Height
NT-R5	R-1	Single-Family Detached	1	1	0	40'	4,000 sf	12,000 sf+	15'	5'	5'	15'	35'
		Duplex	3	4	1	30'	3,000 sf	N/A	15'	0'	5'	15'	35'
		Triplex	4	6	2	22' for interior units	2,200 sf	N/A	15'	0'	5'	15'	35'
						27' for end units	2,700 sf
		Townhouse	5	7	2	24' for interior units	2,400 sf	N/A	15'	0'	5'	15'	35'
						40' for end units	4,000 sf
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	1	1	0	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.	In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

Illustrative Lot Configurations.

Set out in Figure 3.204A, NT-R5 Illustrative Lot Configurations, are illustrative lot configurations depicting how the aggregation and replatting of lots and different housing types can used to improve development yield.

Figure 3.204A

NT-R5 Illustrative Lot Configurations

Single-Family Detached

Duplexes

Triplexes

Townhouses

Alternate Standards for the NT-R6 Subdistrict.

NT-R6 Lot and Building Standards.

New development, redevelopment, and substantial improvement of lots within the NT-R6 subdistrict shall comply with the standards of Table 3.204B, Lot and Building Standards for NT-R6 Lots.

Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Lot Area		Minimum Setback				Max. Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Max. Building Height
NT-R5	R-1	Single-Family Detached	1	1	0	40'	4,000 sf	12,000 sf+	15'	5'	5'	15'	35'
		Duplex	3	4	1	30'	3,000 sf	N/A	15'	0'	5'	15'	35'
		Triplex	4	6	2	22' for interior units	2,200 sf	N/A	15'	0'	5'	15'	35'
						27' for end units	2,700 sf
		Townhouse	5	7	2	24' for interior units	2,400 sf	N/A	15'	0'	5'	15'	35'
						40' for end units	4,000 sf
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	1	1	0	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.	In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

NT-R6 Illustrative Lot Configurations.

Set out in Figure 3.204B, NT-R6 Illustrative Lot Configurations, are illustrative lot configurations depicting how the aggregation and replatting of lots and different housing types can used to improve development yield.

Figure 3.204B

NT-R6 Illustrative Lot Configurations

Cottages

Cottage and Duplexes

Triplexes

Townhouses

Design Standards for Improvement of Existing NT Buildings.

Front setbacks may be reduced for lots with existing buildings for the following purposes.

Enclosure of Front Porches.

Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.

Addition of Front Porch.

The added front porch would not be located closer than 10 feet to the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 square feet; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Design Standards for the Development, Redevelopment, and Substantial Improvement of NT Lots.

All of the following apply for the development, redevelopment, and substantial improvement of NT lots.

Housing Types.

The use of alternative housing types (i.e., duplexes, triplexes, and townhouses) shall only be used when the lots are aggregated and replatted meeting the standards of lot and building standards as set out in Table 3.204A, Lot and Building Standards for NT-R5 Lots and Table 3.204B, Lot and Building Standards for NT-R6 Lots.

Front Porches.

Front porches are required with all new development, redevelopment, and substantial improvement.

The added front porch cannot be located closer than 10 feet to the front property line, although the unenclosed and uncovered stairs may extend an additional five feet towards the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area cannot exceed 60 square feet; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Parking.

New parking spaces are required with all new development, redevelopment, and substantial improvement.

New parking spaces are required as set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.

New parking spaces shall be an improved hard surface and may require the improvement of the rear alley where the parking spaces take access.

Parking spaces shall be designed as follows:

Cottages.

May be allowed to park in the street.

ii.

Single-family detached:

New parking spaces may be located in the front yard, provided that the parking space is long enough to allow the vehicle to be parked without blocking pedestrian movement along the sidewalk, or in the rear yard via rear alley access.

iii.

Duplexes, Triplexes, and Townhouses.

New parking spaces shall be provided in the rear yard with alley access.

Sidewalk.

Starting at the property boundary, a three foot street tree lawn and five five [sic] foot sidewalk shall be provided with all new development, redevelopment, and substantial improvement.

Tree.

One tree shall be provided on each lot with all new development, redevelopment, or substantial improvement. The tree may be located in the street tree lawn or in any yard.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 5, adopted 7/19/16)

§ 3.301 Nonresidential and Mixed-Use Development Standards.

Generally.

The standards that are applicable to nonresidential and mixed-use parcels proposed for development are provided in Table 3.301A, Nonresidential and Mixed-Use Development Standards. The table includes provisions for minimum landscape surface ratio (LSR), floor area ratio (FAR), minimum lot area, minimum street frontage, and maximum building height.

Nonresidential and Mixed-Use Development Standards.

Table 3.301A
Nonresidential and Mixed-Use Development Standards
Standard	Stories	Zoning District
Standard	Stories	C-1	C-2	I-1	PR
Minimum Landscape Surface Ratio (LSR)	N/A	15%	1%	15%	20%
Floor Area Ratio (“FAR”)²	1	0.280	0.962	0.462	0.342
	2	0.335	1.852	N/A	0.435
	3	N/A	2.680	N/A	0.478
Density	N/A	N/A	See Notes 1 and 4	N/A	N/A
Minimum Area of Parcel Proposed for Development	N/A	1 ac.	N/A	2 ac.	1 ac.
Minimum Frontage	N/A	100'	25'	100'	125'
Maximum Building Height³	N/A	45'	50'	50'	45'

TABLE NOTES:
N/A - Not Applicable
1.	No off-street parking is required in the C-2 district, except for live-work units and multi-family as set out in Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts.
2.	The FARs account for the landscape surface ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the C-2 district. Multiplying the site area by the FAR determines the maximum building size.
3.	Refer to subsection D.2.c., Setback Planes, of this Section.
4.	Refer to the maximum gross density for live/work units in the C-2 district. See Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts.

Subdivision of Nonresidential and Mixed-Use Parcels.

Street Frontage and Area.

The minimum street frontage and minimum area of parcels proposed for development may be reduced with respect to the subdivision of individual lots within a development if it is demonstrated that:

The area of the principal parcel from which the lot is subdivided complies with the requirements of Table 3.301A, Nonresidential and Mixed-Use Development Standards, before subdivision;

Appropriate easements are recorded to provide for:

Cross-access between the lots;

ii.

Article 5, Parking, Loading, Access, and Lighting; and

iii.

Appropriate covenants are recorded that provide for the required landscape surface ratio (LSR) to be maintained in proportion to the principal parcel area before the subdivision, designating the landscaped areas, and providing for their maintenance.

Building Spacing.

For the purposes of the requirements of Table 3.301B, Nonresidential and Mixed-Use Setbacks, lots created pursuant to this Section shall be considered part of the principal parcel. However, buildings shall be spaced at least 20 feet apart.

Access.

Lots created pursuant to this subsection are not entitled to individual access to abutting streets unless they meet the access management requirements set out in Division 5.200, Access Management and Circulation.

Required Buffer.

Lots created pursuant to this Section are not required to be buffered from the principal parcel from which they are subdivided unless they are in different zoning districts.

Nonresidential and Mixed-Use Setbacks.

Generally.

The standards of this subsection apply to nonresidential and vertically mixed-use buildings. If Division 7.300, Bufferyard Landscaping, requires a bufferyard that is wider than the setback that is required by this Section, then the width of the setback shall be at least the width of the required bufferyard.

Principal Buildings.

The required setbacks for nonresidential and mixed-use buildings are set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks.

Residential district boundary setbacks (set out in the last row of Table 3.301B, Nonresidential and Mixed-Use Setbacks), apply to buildings or outdoor uses (except parking) on parcels that abut property that is located in the R-1, R-2, NC or NT districts. If the residential district boundary setback is indicated as “N/A,” then there are no special setback requirements in relation to abutting residentially zoned property (i.e., the other columns of the table control).

Table 3.301B
Nonresidential and Mixed-Use Setbacks
Standard	Zoning District
Standard	C-1	C-2^[3]	I-1	PR
Front	25'	0'	25'	50'
Interior Side	15'	0'	20'	50'
Street Side	15'	0'	25'	50'
Rear	25'	0'	40'	50'
Residential District Boundary^1,2	20'	N/A	100'	50'

TABLE NOTES:
1.	Refer to subsection D.2.c., Setback Planes, of this Section.
2.	If a two-story structure is constructed on a lot or parcel that abuts or is contiguous to a residential district or use, there shall be no windows, doors, or other openings constructed on that side of the second story facing the residentially zoned or used property.
3.	Refer to subsection E., C-2 District Setbacks, of this Section.

Setback Planes.

Where a nonresidential or mixed-use building abuts or is contiguous to a residentially zoned or used property, then in addition to the building setback line as set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks, the building shall be set back one foot from the property line for each one foot in building height over the maximum building height (see Figure 3.301A, Setback Planes.) This is applicable if the maximum building height set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks is greater than that allowed in the residential district.

Figure 3.301A

Setback Planes

C-2 District Setbacks.

Generally.

For all development in the C-2 district, principal structures shall be built on the front lot line (the “build-to line”). Portions of the facade that are recessed in order to satisfy the requirements of Division 10.200, Nonresidential and Mixed-Use Design Standards, are permitted to be set back from the build-to line by up to three feet. All buildings shall meet these requirements, except under the following conditions (see Figure 3.301B, Permitted Setbacks in the C-2 District):

Figure 3.301B

Permitted Setbacks in the C-2 District

Where the use, in whole or in part, is an existing dwelling unit.

Where the use is established in an existing building that exceeds the build-to line as of the effective date of this UDC. In this case, the existing building may:

Remain in its current location, utilizing the front setback as:

A yard or courtyard;

Public plaza or outdoor service area (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); or

Off-street parking provided it was used for parking as of the effective date of this UDC.

ii.

Be extended to the build-to line provided it:

Meets all other requirements and standards of this UDC;

Is a conforming use; and

Complies with subsection E.1.d., below (i.e., provision for a public sidewalk).

Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts exceed the build-to line. In this case, the building may be:

Constructed at the build-to line; or

ii.

Set back to match the average front setback along the same side of the same street segment in the same zoning district, provided that the parcel proposed for development or redevelopment is not counted in the calculation.

Where there is a public sidewalk that is up to six feet wide, the building must be set back in order to provide the additional space to expand the sidewalk onto the private lot to construct a sidewalk that is at least six feet in width. In this case, the building shall be constructed to a build-to line that is coterminous with the edge of the sidewalk that is provided on the private lot.

Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a designated public plaza or outdoor service area according to the following standards:

The public plaza or outdoor service area shall be designated upon development approval and maintained as a publicly accessible space;

ii.

Any service uses that take place in the designated setback area must directly relate to the activity of the primary ground floor use (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); and

iii.

When the area is not being used as an outdoor service area, it shall remain generally accessible to the public and function as an extension of the public sidewalk environment.

Side and Rear Setbacks.

Side and rear setbacks are not required in the C-2 district, except when the C-2 district abuts an NC or NT district (including applicable subdistricts), the same setbacks applicable to the NC or NT district shall also apply to the abutting or contiguous lot line(s) of the C-2 district.

Encroachments.

The City may permit, by recorded license agreement, encroachments into the public right-of-way if the encroachments meet all of the following standards (see Figure 3.301C, Permitted Encroachments):

Encroachments up to 18 inches into the right-of-way are permitted below an elevation of eight feet above grade if it is demonstrated that:

The encroachment does not impact the general functionality of the public sidewalk; and

ii.

The encroachment does not make the sidewalk noncompliant with the requirements of the Americans with Disabilities Act (ADA).

Encroachments up to four feet are permitted above an elevation of eight feet above grade if it is demonstrated that:

The encroachment does not impact the general functionality of the public sidewalk;

ii.

The encroachment is set back at least one foot from the face of the curb; and

iii.

The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).

Figure 3.301C

Permitted Encroachments

(Ordinance 2015-30 adopted 10/30/15)

§ 3.302 Nonresidential and Mixed-Use Scale.

Generally.

The gross floor area of nonresidential buildings in the R-1, R-2, NC, and NT districts shall be limited based on the type of street from which primary access is taken, as provided in Table 3.302, Building Scale.

Table 3.302
Building Scale
Classification of Street from which Access is Taken	Maximum Floor Area
Arterial Street	25,000 sf
Collector Street	10,000 sf
Local Street	5,000 sf

Exemption.

The standards set out in Table 3.302, Building Scale, do not apply to the development of public schools.

(Ordinance 2015-30 adopted 10/30/15)

Cuero City Zoning Code

PART 2

DENSITY, INTENSITY, BULK AND SCALE

§ 3.101 Development Standards for New Residential Neighborhoods.

Generally.

These standards apply to all subdivisions or resubdivisions of property that create at least two buildable lots and to all proposed developments with at least two dwelling units on a single parcel.

Standard and Alternate Development.

Interpretation of Table.

Tables 3.101A and 3.101B may be interpreted as follows:

Development Option.

District refers to the zoning districts set out in Table 1.101A, Zoning Districts Established.

District Allowed.

District Allowed indicates which districts the specified development option is allowed, which is further restricted by Table 2.102, Residential and Commercial Uses of the Home.

Minimum Lot Area.

Minimum Lot Area sets out the minimum lot size that is used to establish the gross density within each development option.

Minimum Open Space Ratio.

Minimum Open Space Ratio (OSR) sets out the minimum amount of common open space that is required within each development option as part of the entire development.

Maximum Gross Density.

Maximum Gross Density sets out the maximum number of dwelling units per acre for each development option.

Lot Width.

Lot Width sets out the minimum width of the lot at the building line.

Minimum Setbacks.

Minimum Setbacks sets out the minimum front, interior and street side, and rear building setbacks for each development option.

Maximum Building Height.

Maximum Building Height sets out the maximum height of buildings within each development option.

Table 3.101A
Standard and Alternative Residential Development Standards
Development Option	District Allowed	Development Standards			Lot and Building Standards
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Minimum Setbacks				Maximum Building Height
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Front	Interior Side	Street Side	Rear	Maximum Building Height
Option #1 - Standard Development (The following single-family detached housing configurations are permitted outright as part of standard development in the districts specified.)
Agriculture, Standard	AG	2 ac.	0%	0.45	220'	50'	20'	30'	75'	45'
Single-Family Detached Residential²	R-1	13,500 sf	10%	2.52	75'	30'	10'	25'	20'	35'
Single-Family Detached Residential²	R-2	7,200 sf	15%	4.23	60'	20'	5'	15'	15'	35'
Option # 2A - Alternate Development for Single-Family Detached Planned Clusters (The following single-family detached cluster development configurations are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater protections of open space.)
Agriculture, Planned Cluster³	R-2	1.0 ac.	10%	0.81	125'	60'	15'	20'	40'	35'
Single-Family Detached Residential Planned Cluster³	R-2	5,000 sf	20%	5.49	50'	20'	5'	15'	15'	35'
Manufactured Home Park or Subdivision⁴	AG R-2	5,000 sf	25%	5.31	40'	20'	10'	15'	20'	35'
Recreational Vehicle Parks⁵	AG R-2	See Section 4.204, Recreational Vehicle (RV) Parks
Option # 2B - Alternate Development for Single-Family Attached Planned Clusters³ (The following single-family attached planned development are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater resource protections of open spaces.)
Duplex	R-2	9,000 sf⁷	25%	5.60	50'	20'	0'	15'⁸	15'	35'
Triplex	R-2	6,600 sf⁷	25%	11.62	22'	20'	0'	15'⁸	15 '	35'
Townhouse⁶	R-2	12,000 sf⁷	25%	12.55	20'	20'	0'	15'⁸	15 '	40'

TABLE NOTES:
1.	In certain circumstances, a greater open space ratio may be required to protect floodplains. Planned cluster development offers the highest densities with the greatest amount of open space for resource protection purposes.
2.	Lots in the R-1 and R-2 zoning districts that exist prior to the effective date of this UDC shall follow the development standards and lot and building standards as are set out on approved preliminary or final plats, as follows: Minimum side yard = 5'; minimum street side yard = 5'; minimum rear yard = 15'; minimum front yard = 20'; and minimum lot area = 5,000 sf.
3.	The minimum area of the parcel proposed for development of a new planned cluster development is 10 acres.
4.	The minimum and maximum area of the parcel proposed for development of a manufactured home park or subdivision is set out in subsection 4.203B, Minimum and Maximum Site Area.
5.	The minimum and maximum area of the parcel proposed for development of a recreational vehicle park is set out in subsection 4.204C, Minimum and Maximum Site Area.
6.	Townhouses shall not have more than six units per building and each building shall be separated by a minimum of 25 feet.
7.	In addition to the common area needed for meeting the minimum open space requirements for the entire parcel proposed for development, the minimum lot size consists of 9,000 sf for duplexes (two dwelling units at 4,500 sf each), 6,600 sf for triplexes (three dwelling units at 2,200 sf each), and 12,000 sf for townhouses (up to six dwelling units at 2,000 sf each). The minimum lot area per dwelling unit may be platted as a single lot (with a condominium form of ownership), or as separate lots (e.g., three lots at 2.200 [2,200] sf for triplexes under fee-simple form of ownership). See also Section 3.102, Alternate Standards for Condominium and Alternate Land Ownership Patterns).
8.	The street side setback is also the minimum side setback for end units.
9.	The minimum principal dwelling size shall be for one bedroom – 800 square feet; two bedroom – 1000 square feet; three bedroom – 1,200 square feet.

Table 3.101A
Standard and Alternative Residential Development Standards
Development Option	District Allowed	Development Standards			Lot and Building Standards
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Minimum Setbacks				Maximum Building Height
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Front	Interior Side	Street Side	Rear	Maximum Building Height
Option #1 - Standard Development (The following single-family detached housing configurations are permitted outright as part of standard development in the districts specified.)
Agriculture, Standard	AG	2 ac.	0%	0.45	220'	50'	20'	30'	75'	45'
Single-Family Detached Residential²	R-1	13,500 sf	10%	2.52	75'	30'	10'	25'	20'	35'
Single-Family Detached Residential²	R-2	7,200 sf	15%	4.23	60'	20'	5'	15'	15'	35'
Option # 2A - Alternate Development for Single-Family Detached Planned Clusters (The following single-family detached cluster development configurations are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater protections of open space.)
Agriculture, Planned Cluster³	R-2	1.0 ac.	10%	0.81	125'	60'	15'	20'	40'	35'
Single-Family Detached Residential Planned Cluster³	R-2	5,000 sf	20%	5.49	50'	20'	5'	15'	15'	35'
Manufactured Home Park or Subdivision⁴	AG R-2	5,000 sf	25%	5.31	40'	20'	10'	15'	20'	35'
Recreational Vehicle Parks⁵	AG R-2	See Section 4.204, Recreational Vehicle (RV) Parks
Option # 2B - Alternate Development for Single-Family Attached Planned Clusters³ (The following single-family attached planned development are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater resource protections of open spaces.)
Duplex	R-2	9,000 sf⁷	25%	5.60	50'	20'	0'	15'⁸	15'	35'
Triplex	R-2	6,600 sf⁷	25%	11.62	22'	20'	0'	15'⁸	15 '	35'
Townhouse⁶	R-2	12,000 sf⁷	25%	12.55	20'	20'	0'	15'⁸	15 '	40'

TABLE NOTES:
1.	In certain circumstances, a greater open space ratio may be required to protect floodplains. Planned cluster development offers the highest densities with the greatest amount of open space for resource protection purposes.
2.	Lots in the R-1 and R-2 zoning districts that exist prior to the effective date of this UDC shall follow the development standards and lot and building standards as are set out on approved preliminary or final plats, as follows: Minimum side yard = 5'; minimum street side yard = 5'; minimum rear yard = 15'; minimum front yard = 20'; and minimum lot area = 5,000 sf.
3.	The minimum area of the parcel proposed for development of a new planned cluster development is 10 acres.
4.	The minimum and maximum area of the parcel proposed for development of a manufactured home park or subdivision is set out in subsection 4.203B, Minimum and Maximum Site Area.
5.	The minimum and maximum area of the parcel proposed for development of a recreational vehicle park is set out in subsection 4.204C, Minimum and Maximum Site Area.
6.	Townhouses shall not have more than six units per building and each building shall be separated by a minimum of 25 feet.
7.	In addition to the common area needed for meeting the minimum open space requirements for the entire parcel proposed for development, the minimum lot size consists of 9,000 sf for duplexes (two dwelling units at 4,500 sf each), 6,600 sf for triplexes (three dwelling units at 2,200 sf each), and 12,000 sf for townhouses (up to six dwelling units at 2,000 sf each). The minimum lot area per dwelling unit may be platted as a single lot (with a condominium form of ownership), or as separate lots (e.g., three lots at 2.200 [2,200] sf for triplexes under fee-simple form of ownership). See also Section 3.102, Alternate Standards for Condominium and Alternate Land Ownership Patterns).
8.	The street side setback is also the minimum side setback for end units.
9.	The minimum principal dwelling size shall be for one bedroom – 800 square feet; two bedroom – 1000 square feet; three bedroom – 1,200 square feet.

New Neighborhoods/Subdivisions.

Requirements for Phased Developments.

Accessory Buildings and Structures.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2018-09 adopted 8/13/18)

§ 3.102 Alternative Standards for Condominium and Alternative Land Ownership Patterns.

Generally.

Demonstration of Compliance.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.201 Established Neighborhoods, Generally.

Generally.

This Division establishes standards for the development, redevelopment, and substantial improvement of lots and buildings in established neighborhoods.

Neighborhood Conservation Standards.

Alternative Neighborhood Conservation District Standards.

Alternate Neighborhood Transition District Standards.

Conforming Buildings and Lots.

Buildings.

Buildings that were constructed without required permits; and

Buildings that were constructed in violation of permit requirements.

Lots.

Nonresidential Uses.

Relationship to Variances.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.202 Neighborhood Conservation Standards.

Generally.

Setbacks.

Setback standards apply in a different manner than in conventional zoning districts. In the NC district, they apply:

To new homes that are built on vacant lots, or on lots where the existing building is torn down and rebuilt; and

To determine how expansions to existing homes are approved, as follows:

Expansions of existing buildings that are set back in accordance with the setback standards are approved by the issuance of a new permit; and

Lot Standards.

Table 3.202
Lot and Building Standards for Neighborhood Conservation Subdistricts
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type	Minimum Lot Width	Lot Area		Minimum Setback				Maximum Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Maximum Building Height
NC-R1	R-1	Single-family detached dwellings	40'	4,000 sf	8,000 sf	20'	5'	5'	15'	35'
NC-R2	R-2	Duplex (two-family residential) dwellings¹	N/A	N/A	N/A	20'	5'	5'	15'	35'
NC-R3	R-3	Multi-family dwellings¹	N/A	N/A	N/A	20'	5'	5'	15'	35'
NC-R4	R-1	Single-family detached dwellings	80'	8,000 sf	N/A	20'	5	5'	15'	35'
NC-MH	MH	Manufactured Homes²	40'	4,000 sf	N/A	20'	5'	5'	15'	35'
	MHP						10'	10'	20'
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Duplex and multi-family buildings are conforming. Expansions to individual dwelling units are allowed provided that no portion of any building shall be closer than 20 feet from any other building and all lot and building standards of this Section have to be met. No new dwelling units are allowed.
2.	Manufactured homes are allowed to be replaced provided that the replacement units meet the standards of this Section as well as Section 10.103, Manufactured Home Unit Standards and Section 12.107, Nonconforming Manufactured Homes.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 4, adopted 7/19/16)

§ 3.203 Alternative Neighborhood Conservation Standards.

Generally.

Relationship to Variances.

Relationship to Easements and Rights-of-Way.

The standards of this Section shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.

Alternative Front Setbacks.

The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts:

Enclosure of Front Porches.

Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.

Addition of Front Porch.

The added front porch would not be located closer than 10 feet to the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 sf.; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Front Setback Averaging.

Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district, provided that:

The parcel proposed for development is not counted in the calculation; and

If the parcel proposed for development takes vehicular access from the front, the driveway must be at least:

25 feet long, measured from the property line at the right-of-way to a building wall or garage door; and

ii.

The width of the garage door(s) are not more than 18 feet or less than nine feet in width (see Figure 3.203, Illustrative Front Setback Averaging).

Figure 3.203

Illustrative Front Setback Averaging

If the building on the parcel proposed for development meets the vehicular access requirements of a 9 ft. x 25 ft. driveway, the front setback may be reduced to 14 feet.

Alternative Street Side Setbacks.

Wide Planting Strip.

The street side setback may be reduced by up Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, if:

There is an existing sidewalk along the side street that is at least four feet wide;

A planting strip is located within the public right-of-way between the edge of the sidewalk and the property line;

The planting strip is at least five feet wide along the portion of the property that would be affected by the setback reduction; and

The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.

Subdivision Fencing Along Arterial or Collector Street.

The street side setback may be reduced to five feet if:

The street side yard abuts a bufferyard that screens the development from an arterial or collector street;

There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;

The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit; and

The portion of the building to which the reduced setback applies is not more than one story in height.

Alternative Interior Side Setbacks.

Alternative Rear Setbacks.

The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts.

Abutting Permanent Open Space.

Subdivision Fencing Along Arterial or Collector Street.

The rear setback may be reduced to 10 feet if:

The rear yard abuts the right-of-way for an arterial or collector street;

An opaque fence that complies with the standards of Section 11.103, Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street;

The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and

The portion of the building to which the reduced setback applies is not more than one story in height.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.204 Alternate Neighborhood Transition Standards.

Generally.

Alternate Standards for the NT-R5 Subdistrict.

NT-R5 Lot and Building Standards.

New development, redevelopment, and substantial improvement of lots within the NT-R5 subdistrict shall comply with the standards of Table 3.204A, Lot and Building Standards for NT-R5 Lots.

Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Lot Area		Minimum Setback				Max. Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Max. Building Height
NT-R5	R-1	Single-Family Detached	1	1	0	40'	4,000 sf	12,000 sf+	15'	5'	5'	15'	35'
		Duplex	3	4	1	30'	3,000 sf	N/A	15'	0'	5'	15'	35'
		Triplex	4	6	2	22' for interior units	2,200 sf	N/A	15'	0'	5'	15'	35'
						27' for end units	2,700 sf
		Townhouse	5	7	2	24' for interior units	2,400 sf	N/A	15'	0'	5'	15'	35'
						40' for end units	4,000 sf
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	1	1	0	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.	In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

Illustrative Lot Configurations.

Figure 3.204A

NT-R5 Illustrative Lot Configurations

Single-Family Detached

Duplexes

Triplexes

Townhouses

Alternate Standards for the NT-R6 Subdistrict.

NT-R6 Lot and Building Standards.

New development, redevelopment, and substantial improvement of lots within the NT-R6 subdistrict shall comply with the standards of Table 3.204B, Lot and Building Standards for NT-R6 Lots.

Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Lot Area		Minimum Setback				Max. Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Max. Building Height
NT-R5	R-1	Single-Family Detached	1	1	0	40'	4,000 sf	12,000 sf+	15'	5'	5'	15'	35'
		Duplex	3	4	1	30'	3,000 sf	N/A	15'	0'	5'	15'	35'
		Triplex	4	6	2	22' for interior units	2,200 sf	N/A	15'	0'	5'	15'	35'
						27' for end units	2,700 sf
		Townhouse	5	7	2	24' for interior units	2,400 sf	N/A	15'	0'	5'	15'	35'
						40' for end units	4,000 sf
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	1	1	0	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.	In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

NT-R6 Illustrative Lot Configurations.

Figure 3.204B

NT-R6 Illustrative Lot Configurations

Cottages

Cottage and Duplexes

Triplexes

Townhouses

Design Standards for Improvement of Existing NT Buildings.

Front setbacks may be reduced for lots with existing buildings for the following purposes.

Enclosure of Front Porches.

Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.

Addition of Front Porch.

The added front porch would not be located closer than 10 feet to the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 square feet; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Design Standards for the Development, Redevelopment, and Substantial Improvement of NT Lots.

All of the following apply for the development, redevelopment, and substantial improvement of NT lots.

Housing Types.

Front Porches.

Front porches are required with all new development, redevelopment, and substantial improvement.

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area cannot exceed 60 square feet; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Parking.

New parking spaces are required with all new development, redevelopment, and substantial improvement.

New parking spaces are required as set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.

New parking spaces shall be an improved hard surface and may require the improvement of the rear alley where the parking spaces take access.

Parking spaces shall be designed as follows:

Cottages.

May be allowed to park in the street.

ii.

Single-family detached:

iii.

Duplexes, Triplexes, and Townhouses.

New parking spaces shall be provided in the rear yard with alley access.

Sidewalk.

Starting at the property boundary, a three foot street tree lawn and five five [sic] foot sidewalk shall be provided with all new development, redevelopment, and substantial improvement.

Tree.

One tree shall be provided on each lot with all new development, redevelopment, or substantial improvement. The tree may be located in the street tree lawn or in any yard.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 5, adopted 7/19/16)

§ 3.301 Nonresidential and Mixed-Use Development Standards.

Generally.

Nonresidential and Mixed-Use Development Standards.

Table 3.301A
Nonresidential and Mixed-Use Development Standards
Standard	Stories	Zoning District
Standard	Stories	C-1	C-2	I-1	PR
Minimum Landscape Surface Ratio (LSR)	N/A	15%	1%	15%	20%
Floor Area Ratio (“FAR”)²	1	0.280	0.962	0.462	0.342
	2	0.335	1.852	N/A	0.435
	3	N/A	2.680	N/A	0.478
Density	N/A	N/A	See Notes 1 and 4	N/A	N/A
Minimum Area of Parcel Proposed for Development	N/A	1 ac.	N/A	2 ac.	1 ac.
Minimum Frontage	N/A	100'	25'	100'	125'
Maximum Building Height³	N/A	45'	50'	50'	45'

TABLE NOTES:
N/A - Not Applicable
1.	No off-street parking is required in the C-2 district, except for live-work units and multi-family as set out in Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts.
2.	The FARs account for the landscape surface ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the C-2 district. Multiplying the site area by the FAR determines the maximum building size.
3.	Refer to subsection D.2.c., Setback Planes, of this Section.
4.	Refer to the maximum gross density for live/work units in the C-2 district. See Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts.

Subdivision of Nonresidential and Mixed-Use Parcels.

Street Frontage and Area.

The minimum street frontage and minimum area of parcels proposed for development may be reduced with respect to the subdivision of individual lots within a development if it is demonstrated that:

The area of the principal parcel from which the lot is subdivided complies with the requirements of Table 3.301A, Nonresidential and Mixed-Use Development Standards, before subdivision;

Appropriate easements are recorded to provide for:

Cross-access between the lots;

ii.

Article 5, Parking, Loading, Access, and Lighting; and

iii.

Building Spacing.

Access.

Required Buffer.

Lots created pursuant to this Section are not required to be buffered from the principal parcel from which they are subdivided unless they are in different zoning districts.

Nonresidential and Mixed-Use Setbacks.

Generally.

Principal Buildings.

The required setbacks for nonresidential and mixed-use buildings are set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks.

Table 3.301B
Nonresidential and Mixed-Use Setbacks
Standard	Zoning District
Standard	C-1	C-2^[3]	I-1	PR
Front	25'	0'	25'	50'
Interior Side	15'	0'	20'	50'
Street Side	15'	0'	25'	50'
Rear	25'	0'	40'	50'
Residential District Boundary^1,2	20'	N/A	100'	50'

TABLE NOTES:
1.	Refer to subsection D.2.c., Setback Planes, of this Section.
2.	If a two-story structure is constructed on a lot or parcel that abuts or is contiguous to a residential district or use, there shall be no windows, doors, or other openings constructed on that side of the second story facing the residentially zoned or used property.
3.	Refer to subsection E., C-2 District Setbacks, of this Section.

Setback Planes.

Figure 3.301A

Setback Planes

C-2 District Setbacks.

Generally.

Figure 3.301B

Permitted Setbacks in the C-2 District

Where the use, in whole or in part, is an existing dwelling unit.

Where the use is established in an existing building that exceeds the build-to line as of the effective date of this UDC. In this case, the existing building may:

Remain in its current location, utilizing the front setback as:

A yard or courtyard;

Public plaza or outdoor service area (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); or

Off-street parking provided it was used for parking as of the effective date of this UDC.

ii.

Be extended to the build-to line provided it:

Meets all other requirements and standards of this UDC;

Is a conforming use; and

Complies with subsection E.1.d., below (i.e., provision for a public sidewalk).

Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts exceed the build-to line. In this case, the building may be:

Constructed at the build-to line; or

ii.

Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a designated public plaza or outdoor service area according to the following standards:

The public plaza or outdoor service area shall be designated upon development approval and maintained as a publicly accessible space;

ii.

iii.

When the area is not being used as an outdoor service area, it shall remain generally accessible to the public and function as an extension of the public sidewalk environment.

Side and Rear Setbacks.

Encroachments.

The City may permit, by recorded license agreement, encroachments into the public right-of-way if the encroachments meet all of the following standards (see Figure 3.301C, Permitted Encroachments):

Encroachments up to 18 inches into the right-of-way are permitted below an elevation of eight feet above grade if it is demonstrated that:

The encroachment does not impact the general functionality of the public sidewalk; and

ii.

The encroachment does not make the sidewalk noncompliant with the requirements of the Americans with Disabilities Act (ADA).

Encroachments up to four feet are permitted above an elevation of eight feet above grade if it is demonstrated that:

The encroachment does not impact the general functionality of the public sidewalk;

ii.

The encroachment is set back at least one foot from the face of the curb; and

iii.

The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).

Figure 3.301C

Permitted Encroachments

(Ordinance 2015-30 adopted 10/30/15)

§ 3.302 Nonresidential and Mixed-Use Scale.

Generally.

Table 3.302
Building Scale
Classification of Street from which Access is Taken	Maximum Floor Area
Arterial Street	25,000 sf
Collector Street	10,000 sf
Local Street	5,000 sf

Exemption.

The standards set out in Table 3.302, Building Scale, do not apply to the development of public schools.

(Ordinance 2015-30 adopted 10/30/15)

Cuero City Zoning Code

PART 2

DENSITY, INTENSITY, BULK AND SCALE

§ 3.101 Development Standards for New Residential Neighborhoods.

Generally.

These standards apply to all subdivisions or resubdivisions of property that create at least two buildable lots and to all proposed developments with at least two dwelling units on a single parcel.

Standard and Alternate Development.

Interpretation of Table.

Tables 3.101A and 3.101B may be interpreted as follows:

Development Option.

District refers to the zoning districts set out in Table 1.101A, Zoning Districts Established.

District Allowed.

District Allowed indicates which districts the specified development option is allowed, which is further restricted by Table 2.102, Residential and Commercial Uses of the Home.

Minimum Lot Area.

Minimum Lot Area sets out the minimum lot size that is used to establish the gross density within each development option.

Minimum Open Space Ratio.

Minimum Open Space Ratio (OSR) sets out the minimum amount of common open space that is required within each development option as part of the entire development.

Maximum Gross Density.

Maximum Gross Density sets out the maximum number of dwelling units per acre for each development option.

Lot Width.

Lot Width sets out the minimum width of the lot at the building line.

Minimum Setbacks.

Minimum Setbacks sets out the minimum front, interior and street side, and rear building setbacks for each development option.

Maximum Building Height.

Maximum Building Height sets out the maximum height of buildings within each development option.

Table 3.101A
Standard and Alternative Residential Development Standards
Development Option	District Allowed	Development Standards			Lot and Building Standards
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Minimum Setbacks				Maximum Building Height
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Front	Interior Side	Street Side	Rear	Maximum Building Height
Option #1 - Standard Development (The following single-family detached housing configurations are permitted outright as part of standard development in the districts specified.)
Agriculture, Standard	AG	2 ac.	0%	0.45	220'	50'	20'	30'	75'	45'
Single-Family Detached Residential²	R-1	13,500 sf	10%	2.52	75'	30'	10'	25'	20'	35'
Single-Family Detached Residential²	R-2	7,200 sf	15%	4.23	60'	20'	5'	15'	15'	35'
Option # 2A - Alternate Development for Single-Family Detached Planned Clusters (The following single-family detached cluster development configurations are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater protections of open space.)
Agriculture, Planned Cluster³	R-2	1.0 ac.	10%	0.81	125'	60'	15'	20'	40'	35'
Single-Family Detached Residential Planned Cluster³	R-2	5,000 sf	20%	5.49	50'	20'	5'	15'	15'	35'
Manufactured Home Park or Subdivision⁴	AG R-2	5,000 sf	25%	5.31	40'	20'	10'	15'	20'	35'
Recreational Vehicle Parks⁵	AG R-2	See Section 4.204, Recreational Vehicle (RV) Parks
Option # 2B - Alternate Development for Single-Family Attached Planned Clusters³ (The following single-family attached planned development are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater resource protections of open spaces.)
Duplex	R-2	9,000 sf⁷	25%	5.60	50'	20'	0'	15'⁸	15'	35'
Triplex	R-2	6,600 sf⁷	25%	11.62	22'	20'	0'	15'⁸	15 '	35'
Townhouse⁶	R-2	12,000 sf⁷	25%	12.55	20'	20'	0'	15'⁸	15 '	40'

TABLE NOTES:
1.	In certain circumstances, a greater open space ratio may be required to protect floodplains. Planned cluster development offers the highest densities with the greatest amount of open space for resource protection purposes.
2.	Lots in the R-1 and R-2 zoning districts that exist prior to the effective date of this UDC shall follow the development standards and lot and building standards as are set out on approved preliminary or final plats, as follows: Minimum side yard = 5'; minimum street side yard = 5'; minimum rear yard = 15'; minimum front yard = 20'; and minimum lot area = 5,000 sf.
3.	The minimum area of the parcel proposed for development of a new planned cluster development is 10 acres.
4.	The minimum and maximum area of the parcel proposed for development of a manufactured home park or subdivision is set out in subsection 4.203B, Minimum and Maximum Site Area.
5.	The minimum and maximum area of the parcel proposed for development of a recreational vehicle park is set out in subsection 4.204C, Minimum and Maximum Site Area.
6.	Townhouses shall not have more than six units per building and each building shall be separated by a minimum of 25 feet.
7.	In addition to the common area needed for meeting the minimum open space requirements for the entire parcel proposed for development, the minimum lot size consists of 9,000 sf for duplexes (two dwelling units at 4,500 sf each), 6,600 sf for triplexes (three dwelling units at 2,200 sf each), and 12,000 sf for townhouses (up to six dwelling units at 2,000 sf each). The minimum lot area per dwelling unit may be platted as a single lot (with a condominium form of ownership), or as separate lots (e.g., three lots at 2.200 [2,200] sf for triplexes under fee-simple form of ownership). See also Section 3.102, Alternate Standards for Condominium and Alternate Land Ownership Patterns).
8.	The street side setback is also the minimum side setback for end units.
9.	The minimum principal dwelling size shall be for one bedroom – 800 square feet; two bedroom – 1000 square feet; three bedroom – 1,200 square feet.

Table 3.101A
Standard and Alternative Residential Development Standards
Development Option	District Allowed	Development Standards			Lot and Building Standards
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Minimum Setbacks				Maximum Building Height
		Minimum Lot Area	Minimum Open Space Ratio (OSR)¹	Maximum Gross Density	Lot Width	Front	Interior Side	Street Side	Rear	Maximum Building Height
Option #1 - Standard Development (The following single-family detached housing configurations are permitted outright as part of standard development in the districts specified.)
Agriculture, Standard	AG	2 ac.	0%	0.45	220'	50'	20'	30'	75'	45'
Single-Family Detached Residential²	R-1	13,500 sf	10%	2.52	75'	30'	10'	25'	20'	35'
Single-Family Detached Residential²	R-2	7,200 sf	15%	4.23	60'	20'	5'	15'	15'	35'
Option # 2A - Alternate Development for Single-Family Detached Planned Clusters (The following single-family detached cluster development configurations are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater protections of open space.)
Agriculture, Planned Cluster³	R-2	1.0 ac.	10%	0.81	125'	60'	15'	20'	40'	35'
Single-Family Detached Residential Planned Cluster³	R-2	5,000 sf	20%	5.49	50'	20'	5'	15'	15'	35'
Manufactured Home Park or Subdivision⁴	AG R-2	5,000 sf	25%	5.31	40'	20'	10'	15'	20'	35'
Recreational Vehicle Parks⁵	AG R-2	See Section 4.204, Recreational Vehicle (RV) Parks
Option # 2B - Alternate Development for Single-Family Attached Planned Clusters³ (The following single-family attached planned development are allowed as a limited or conditional use in the districts specified. Higher densities are allowed in exchange for greater resource protections of open spaces.)
Duplex	R-2	9,000 sf⁷	25%	5.60	50'	20'	0'	15'⁸	15'	35'
Triplex	R-2	6,600 sf⁷	25%	11.62	22'	20'	0'	15'⁸	15 '	35'
Townhouse⁶	R-2	12,000 sf⁷	25%	12.55	20'	20'	0'	15'⁸	15 '	40'

TABLE NOTES:
1.	In certain circumstances, a greater open space ratio may be required to protect floodplains. Planned cluster development offers the highest densities with the greatest amount of open space for resource protection purposes.
2.	Lots in the R-1 and R-2 zoning districts that exist prior to the effective date of this UDC shall follow the development standards and lot and building standards as are set out on approved preliminary or final plats, as follows: Minimum side yard = 5'; minimum street side yard = 5'; minimum rear yard = 15'; minimum front yard = 20'; and minimum lot area = 5,000 sf.
3.	The minimum area of the parcel proposed for development of a new planned cluster development is 10 acres.
4.	The minimum and maximum area of the parcel proposed for development of a manufactured home park or subdivision is set out in subsection 4.203B, Minimum and Maximum Site Area.
5.	The minimum and maximum area of the parcel proposed for development of a recreational vehicle park is set out in subsection 4.204C, Minimum and Maximum Site Area.
6.	Townhouses shall not have more than six units per building and each building shall be separated by a minimum of 25 feet.
7.	In addition to the common area needed for meeting the minimum open space requirements for the entire parcel proposed for development, the minimum lot size consists of 9,000 sf for duplexes (two dwelling units at 4,500 sf each), 6,600 sf for triplexes (three dwelling units at 2,200 sf each), and 12,000 sf for townhouses (up to six dwelling units at 2,000 sf each). The minimum lot area per dwelling unit may be platted as a single lot (with a condominium form of ownership), or as separate lots (e.g., three lots at 2.200 [2,200] sf for triplexes under fee-simple form of ownership). See also Section 3.102, Alternate Standards for Condominium and Alternate Land Ownership Patterns).
8.	The street side setback is also the minimum side setback for end units.
9.	The minimum principal dwelling size shall be for one bedroom – 800 square feet; two bedroom – 1000 square feet; three bedroom – 1,200 square feet.

New Neighborhoods/Subdivisions.

Requirements for Phased Developments.

Accessory Buildings and Structures.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2018-09 adopted 8/13/18)

§ 3.102 Alternative Standards for Condominium and Alternative Land Ownership Patterns.

Generally.

Demonstration of Compliance.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.201 Established Neighborhoods, Generally.

Generally.

This Division establishes standards for the development, redevelopment, and substantial improvement of lots and buildings in established neighborhoods.

Neighborhood Conservation Standards.

Alternative Neighborhood Conservation District Standards.

Alternate Neighborhood Transition District Standards.

Conforming Buildings and Lots.

Buildings.

Buildings that were constructed without required permits; and

Buildings that were constructed in violation of permit requirements.

Lots.

Nonresidential Uses.

Relationship to Variances.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.202 Neighborhood Conservation Standards.

Generally.

Setbacks.

Setback standards apply in a different manner than in conventional zoning districts. In the NC district, they apply:

To new homes that are built on vacant lots, or on lots where the existing building is torn down and rebuilt; and

To determine how expansions to existing homes are approved, as follows:

Expansions of existing buildings that are set back in accordance with the setback standards are approved by the issuance of a new permit; and

Lot Standards.

Table 3.202
Lot and Building Standards for Neighborhood Conservation Subdistricts
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type	Minimum Lot Width	Lot Area		Minimum Setback				Maximum Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Maximum Building Height
NC-R1	R-1	Single-family detached dwellings	40'	4,000 sf	8,000 sf	20'	5'	5'	15'	35'
NC-R2	R-2	Duplex (two-family residential) dwellings¹	N/A	N/A	N/A	20'	5'	5'	15'	35'
NC-R3	R-3	Multi-family dwellings¹	N/A	N/A	N/A	20'	5'	5'	15'	35'
NC-R4	R-1	Single-family detached dwellings	80'	8,000 sf	N/A	20'	5	5'	15'	35'
NC-MH	MH	Manufactured Homes²	40'	4,000 sf	N/A	20'	5'	5'	15'	35'
	MHP						10'	10'	20'
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Duplex and multi-family buildings are conforming. Expansions to individual dwelling units are allowed provided that no portion of any building shall be closer than 20 feet from any other building and all lot and building standards of this Section have to be met. No new dwelling units are allowed.
2.	Manufactured homes are allowed to be replaced provided that the replacement units meet the standards of this Section as well as Section 10.103, Manufactured Home Unit Standards and Section 12.107, Nonconforming Manufactured Homes.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 4, adopted 7/19/16)

§ 3.203 Alternative Neighborhood Conservation Standards.

Generally.

Relationship to Variances.

Relationship to Easements and Rights-of-Way.

The standards of this Section shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.

Alternative Front Setbacks.

The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts:

Enclosure of Front Porches.

Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.

Addition of Front Porch.

The added front porch would not be located closer than 10 feet to the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 sf.; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Front Setback Averaging.

Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district, provided that:

The parcel proposed for development is not counted in the calculation; and

If the parcel proposed for development takes vehicular access from the front, the driveway must be at least:

25 feet long, measured from the property line at the right-of-way to a building wall or garage door; and

ii.

The width of the garage door(s) are not more than 18 feet or less than nine feet in width (see Figure 3.203, Illustrative Front Setback Averaging).

Figure 3.203

Illustrative Front Setback Averaging

If the building on the parcel proposed for development meets the vehicular access requirements of a 9 ft. x 25 ft. driveway, the front setback may be reduced to 14 feet.

Alternative Street Side Setbacks.

Wide Planting Strip.

The street side setback may be reduced by up Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, if:

There is an existing sidewalk along the side street that is at least four feet wide;

A planting strip is located within the public right-of-way between the edge of the sidewalk and the property line;

The planting strip is at least five feet wide along the portion of the property that would be affected by the setback reduction; and

The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.

Subdivision Fencing Along Arterial or Collector Street.

The street side setback may be reduced to five feet if:

The street side yard abuts a bufferyard that screens the development from an arterial or collector street;

There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;

The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit; and

The portion of the building to which the reduced setback applies is not more than one story in height.

Alternative Interior Side Setbacks.

Alternative Rear Setbacks.

The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts.

Abutting Permanent Open Space.

Subdivision Fencing Along Arterial or Collector Street.

The rear setback may be reduced to 10 feet if:

The rear yard abuts the right-of-way for an arterial or collector street;

An opaque fence that complies with the standards of Section 11.103, Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street;

The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and

The portion of the building to which the reduced setback applies is not more than one story in height.

(Ordinance 2015-30 adopted 10/30/15)

§ 3.204 Alternate Neighborhood Transition Standards.

Generally.

Alternate Standards for the NT-R5 Subdistrict.

NT-R5 Lot and Building Standards.

New development, redevelopment, and substantial improvement of lots within the NT-R5 subdistrict shall comply with the standards of Table 3.204A, Lot and Building Standards for NT-R5 Lots.

Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Lot Area		Minimum Setback				Max. Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Max. Building Height
NT-R5	R-1	Single-Family Detached	1	1	0	40'	4,000 sf	12,000 sf+	15'	5'	5'	15'	35'
		Duplex	3	4	1	30'	3,000 sf	N/A	15'	0'	5'	15'	35'
		Triplex	4	6	2	22' for interior units	2,200 sf	N/A	15'	0'	5'	15'	35'
						27' for end units	2,700 sf
		Townhouse	5	7	2	24' for interior units	2,400 sf	N/A	15'	0'	5'	15'	35'
						40' for end units	4,000 sf
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	1	1	0	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.	In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

Illustrative Lot Configurations.

Figure 3.204A

NT-R5 Illustrative Lot Configurations

Single-Family Detached

Duplexes

Triplexes

Townhouses

Alternate Standards for the NT-R6 Subdistrict.

NT-R6 Lot and Building Standards.

New development, redevelopment, and substantial improvement of lots within the NT-R6 subdistrict shall comply with the standards of Table 3.204B, Lot and Building Standards for NT-R6 Lots.

Table 3.204A
Lot and Building Standards for NT-R5 Lots
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Lot Area		Minimum Setback				Max. Building Height
Sub-district	Equivalent District Prior to Effective Date	Predominant Housing Type¹	Minimum Number of Existing Lots Needed²	Total Units	Number of Bonus Units	Minimum Lot Width	Minimum	Maximum	Front	Interior Side	Street Side	Rear	Max. Building Height
NT-R5	R-1	Single-Family Detached	1	1	0	40'	4,000 sf	12,000 sf+	15'	5'	5'	15'	35'
		Duplex	3	4	1	30'	3,000 sf	N/A	15'	0'	5'	15'	35'
		Triplex	4	6	2	22' for interior units	2,200 sf	N/A	15'	0'	5'	15'	35'
						27' for end units	2,700 sf
		Townhouse	5	7	2	24' for interior units	2,400 sf	N/A	15'	0'	5'	15'	35'
						40' for end units	4,000 sf
MHO	NC-R1 NT-R5	Manufactured Homes^[3]	1	1	0	40'	4,000 sf	N/A	20'	10'	10'	15'	35'

TABLE NOTES:
1.	Any unit for single-family detached (including cottages) or attached housing may be industrialized housing; provided however, that the building form and design meets the minimum lot and design standards of this Section and Table 2.202, Residential Limited and Conditional Use Standards. Manufactured homes are not allowed unless they existed on the effective date.
2.	In order to develop the duplex, triplex, or townhouse types of housing, an aggregation of contiguous lots is necessary. For example, in the NT-R5 subdistrict, three 40-foot contiguous lots would need to be aggregated, and then then [sic] either platted as four separate 30-foot duplex lots (or consolidated into a single lot using a condominium form of ownership meeting the same lot and design standards). This aggregation of three existing lots allows the development of one additional dwelling unit when redeveloped under the new standards set out in this Section.
3.	Manufactured homes only as permitted under Section 4.205, Manufactured Home Overlay (MHO) District as well as meeting the standards defined in Section 10.103, Manufactured Home Unit Standards.

NT-R6 Illustrative Lot Configurations.

Figure 3.204B

NT-R6 Illustrative Lot Configurations

Cottages

Cottage and Duplexes

Triplexes

Townhouses

Design Standards for Improvement of Existing NT Buildings.

Front setbacks may be reduced for lots with existing buildings for the following purposes.

Enclosure of Front Porches.

Front setbacks may be reduced by up to one foot from their existing location in order to enclose an existing front porch.

Addition of Front Porch.

The added front porch would not be located closer than 10 feet to the front property line;

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area is not more than 60 square feet; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Design Standards for the Development, Redevelopment, and Substantial Improvement of NT Lots.

All of the following apply for the development, redevelopment, and substantial improvement of NT lots.

Housing Types.

Front Porches.

Front porches are required with all new development, redevelopment, and substantial improvement.

The area of the front porch (including areas under roof overhangs) that is in the reduced setback area cannot exceed 60 square feet; and

The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.

Parking.

New parking spaces are required with all new development, redevelopment, and substantial improvement.

New parking spaces are required as set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.

New parking spaces shall be an improved hard surface and may require the improvement of the rear alley where the parking spaces take access.

Parking spaces shall be designed as follows:

Cottages.

May be allowed to park in the street.

ii.

Single-family detached:

iii.

Duplexes, Triplexes, and Townhouses.

New parking spaces shall be provided in the rear yard with alley access.

Sidewalk.

Starting at the property boundary, a three foot street tree lawn and five five [sic] foot sidewalk shall be provided with all new development, redevelopment, and substantial improvement.

Tree.

One tree shall be provided on each lot with all new development, redevelopment, or substantial improvement. The tree may be located in the street tree lawn or in any yard.

(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 5, adopted 7/19/16)

§ 3.301 Nonresidential and Mixed-Use Development Standards.

Generally.

Nonresidential and Mixed-Use Development Standards.

Table 3.301A
Nonresidential and Mixed-Use Development Standards
Standard	Stories	Zoning District
Standard	Stories	C-1	C-2	I-1	PR
Minimum Landscape Surface Ratio (LSR)	N/A	15%	1%	15%	20%
Floor Area Ratio (“FAR”)²	1	0.280	0.962	0.462	0.342
	2	0.335	1.852	N/A	0.435
	3	N/A	2.680	N/A	0.478
Density	N/A	N/A	See Notes 1 and 4	N/A	N/A
Minimum Area of Parcel Proposed for Development	N/A	1 ac.	N/A	2 ac.	1 ac.
Minimum Frontage	N/A	100'	25'	100'	125'
Maximum Building Height³	N/A	45'	50'	50'	45'

TABLE NOTES:
N/A - Not Applicable
1.	No off-street parking is required in the C-2 district, except for live-work units and multi-family as set out in Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts.
2.	The FARs account for the landscape surface ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the C-2 district. Multiplying the site area by the FAR determines the maximum building size.
3.	Refer to subsection D.2.c., Setback Planes, of this Section.
4.	Refer to the maximum gross density for live/work units in the C-2 district. See Table 3.101B, Residential Development Standards in Nonresidential and Mixed-Use Districts.

Subdivision of Nonresidential and Mixed-Use Parcels.

Street Frontage and Area.

The minimum street frontage and minimum area of parcels proposed for development may be reduced with respect to the subdivision of individual lots within a development if it is demonstrated that:

The area of the principal parcel from which the lot is subdivided complies with the requirements of Table 3.301A, Nonresidential and Mixed-Use Development Standards, before subdivision;

Appropriate easements are recorded to provide for:

Cross-access between the lots;

ii.

Article 5, Parking, Loading, Access, and Lighting; and

iii.

Building Spacing.

Access.

Required Buffer.

Lots created pursuant to this Section are not required to be buffered from the principal parcel from which they are subdivided unless they are in different zoning districts.

Nonresidential and Mixed-Use Setbacks.

Generally.

Principal Buildings.

The required setbacks for nonresidential and mixed-use buildings are set out in Table 3.301B, Nonresidential and Mixed-Use Setbacks.

Table 3.301B
Nonresidential and Mixed-Use Setbacks
Standard	Zoning District
Standard	C-1	C-2^[3]	I-1	PR
Front	25'	0'	25'	50'
Interior Side	15'	0'	20'	50'
Street Side	15'	0'	25'	50'
Rear	25'	0'	40'	50'
Residential District Boundary^1,2	20'	N/A	100'	50'

TABLE NOTES:
1.	Refer to subsection D.2.c., Setback Planes, of this Section.
2.	If a two-story structure is constructed on a lot or parcel that abuts or is contiguous to a residential district or use, there shall be no windows, doors, or other openings constructed on that side of the second story facing the residentially zoned or used property.
3.	Refer to subsection E., C-2 District Setbacks, of this Section.

Setback Planes.

Figure 3.301A

Setback Planes

C-2 District Setbacks.

Generally.

Figure 3.301B

Permitted Setbacks in the C-2 District

Where the use, in whole or in part, is an existing dwelling unit.

Where the use is established in an existing building that exceeds the build-to line as of the effective date of this UDC. In this case, the existing building may:

Remain in its current location, utilizing the front setback as:

A yard or courtyard;

Public plaza or outdoor service area (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); or

Off-street parking provided it was used for parking as of the effective date of this UDC.

ii.

Be extended to the build-to line provided it:

Meets all other requirements and standards of this UDC;

Is a conforming use; and

Complies with subsection E.1.d., below (i.e., provision for a public sidewalk).

Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts exceed the build-to line. In this case, the building may be:

Constructed at the build-to line; or

ii.

Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a designated public plaza or outdoor service area according to the following standards:

The public plaza or outdoor service area shall be designated upon development approval and maintained as a publicly accessible space;

ii.

iii.

When the area is not being used as an outdoor service area, it shall remain generally accessible to the public and function as an extension of the public sidewalk environment.

Side and Rear Setbacks.

Encroachments.

The City may permit, by recorded license agreement, encroachments into the public right-of-way if the encroachments meet all of the following standards (see Figure 3.301C, Permitted Encroachments):

Encroachments up to 18 inches into the right-of-way are permitted below an elevation of eight feet above grade if it is demonstrated that:

The encroachment does not impact the general functionality of the public sidewalk; and

ii.

The encroachment does not make the sidewalk noncompliant with the requirements of the Americans with Disabilities Act (ADA).

Encroachments up to four feet are permitted above an elevation of eight feet above grade if it is demonstrated that:

The encroachment does not impact the general functionality of the public sidewalk;

ii.

The encroachment is set back at least one foot from the face of the curb; and

iii.

The encroachment does not create unsafe clearances from other elements of the right-of-way (e.g., street lighting, landscaping, vehicular movement, etc.).

Figure 3.301C

Permitted Encroachments

(Ordinance 2015-30 adopted 10/30/15)

§ 3.302 Nonresidential and Mixed-Use Scale.

Generally.

Table 3.302
Building Scale
Classification of Street from which Access is Taken	Maximum Floor Area
Arterial Street	25,000 sf
Collector Street	10,000 sf
Local Street	5,000 sf

Exemption.

The standards set out in Table 3.302, Building Scale, do not apply to the development of public schools.

(Ordinance 2015-30 adopted 10/30/15)