This Article does not authorize or legitimize uses, buildings, structures, or signs that were not legally established or constructed. Such uses, buildings, structures, or signs are not “legally nonconforming,” but instead remain “unlawful,” and are subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law. Likewise, this Article does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this UDC.

Any use, building, structure and/or parcel of land which was used, erected or maintained in violation of any previous zoning regulations shall not be considered as a legal, nonconforming use, building, structure, and/or parcel, and shall be required to comply with all provisions of this UDC.

Uses that were lawfully established but are not currently listed as permitted, limited, conditional, or temporary uses in the zoning district in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses.

Uses that are listed as “Limited Uses” in the zoning district in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses, but were lawfully established without valid permit (issued in conformance with the additional limited use standards) and do not comply with the applicable standards of Division 2.200, Limited and Conditional Use Standards.

Uses that are listed as “Conditional Uses” in the zoning district in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit.

Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.

Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se or represents such incompatibility with abutting uses and/or the Cuero Comprehensive Plan that public policy favors their elimination from the zoning district if they are discontinued, abandoned, or destroyed. Major nonconforming uses are:

All nonconforming uses that are not classified as major nonconforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Section 12.109, Conversion of Nonconformities.

If a nonconforming building or structure or nonconforming element thereof is damaged or destroyed by any means, or is declared unsafe by the Building Official to an extent that repairs would exceed more than 50 percent of the replacement cost of the building or structure or damaged nonconforming element, the building or structure shall be reconstructed in conformity with the provisions of this UDC.

If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the cost of replacement or area of the building or structure, respectively, then the building or structure may be strengthened or restored to a safe condition provided that:

Routine maintenance of nonconforming buildings and structures is permitted, including necessary nonstructural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming buildings or structures or materially extend their life. This standard also applies to buildings or structures that are used by nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use (if the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance).

Structural alterations to nonconforming buildings or structures are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of this Section.

No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued.

The sign was approved by a sign permit on the effective date of this UDC, or amendment hereto, if a permit was required under applicable law; or

If no sign permit was required under applicable law for the sign in question, the sign:

A nonconforming sign which has been damaged by fire, wind or other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this UDC.

If a nonconforming sign structure is does not display any message for a period of three months, it shall be removed or brought into conformance with this UDC.

If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this UDC.

Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this UDC.

Routine maintenance of nonconforming signs is permitted, including nonstructural repairs and paint (even if such repairs would materially extend the life of the sign), changes to the sign face or messages, and incidental alterations that do not increase the nonconformity or sign area. Structural repairs or changes are not allowed. If the sign requires structural repairs because it has been damaged, destroyed, or worn, it shall be removed as required by Article 9, Signs.

Structural alterations to nonconforming signs are permitted only if it is demonstrated that the alternative will eliminate the nonconformity or reduce it in accordance with this Section.

Temporary signs that are not in compliance with this UDC shall be removed as required by Article 9, Signs.

If an existing building or use is expanded, additional parking and landscaping shall be required only in proportion to the new area of the building or use.

If the use of a building changes, resulting in additional demand for parking, additional parking and associated landscaping shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Division 5.100, Parking and Loading, and Article 7, Landscaping, Buffering, and Tree Protection. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.

If an existing building is redeveloped, parking shall be provided as required by Article 5, Parking, Loading, Access, Circulation, and Lighting, and Article 7, Landscaping, Buffering, and Tree Protection.

If a nonconforming use is required to be brought fully into compliance, then parking and landscaping shall also be brought into compliance.

A legal lot that does not meet zoning district requirements with respect to lot area or lot width may be built upon if:

Lots which are eligible for a single manufactured home replacement, as specified by this Section, shall also be subject to the abandonment provisions set out for all nonconforming uses (see Section 12.102, Nonconforming Uses).

The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood’s (or zoning district’s if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:

Conditions may be imposed relative to the expansion of bufferyards, landscaping and landscape areas, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.

Conditional use permit approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant’s expense.

Upon granting a conditional use permit and the applicant’s demonstration of compliance with any conditions placed upon it, the Building Official shall place an annotation on the official zoning map that states that the property has a conditional use permit, as well as the permit number and date of approval.

Plans and programs for the development and redevelopment of its area of jurisdiction. This includes, but is not limited to, amended text and maps of the Cuero Comprehensive Plan, from time to time;

Other policies and procedures to facilitate implementation of planning elements;

Proposed covenants, conditions, and restrictions as set out in Section 4.110, Required Property Owners’ Association and CCRs;

Proposed amendment of the text of this UDC;

Proposed amendment of the Official Zoning Map, (i.e., rezonings) including conditional use permits;

Variances that are not under the authority of the Zoning Board of Adjustments or Board of Adjustments and Appeals; and

Any other action not delegated to any other board or commission as the City Council may deem desirable and necessary to implement the provisions of this UDC and the goals and objectives of the City; provided such action is not contrary to the requirements of this UDC or state law.

The Planning and Zoning Commission shall review and make a recommendation after a public hearing for the following:

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official or body in the enforcement of this UDC, as well as orders, decisions, or determinations made by the Building Official or his/her representative relative to the application and interpretations of all the adopted building and construction codes. All appeals shall have the effect of staying the decision appealed from and, thereby, preserving the status quo until the appeal is decided in accordance with the rules.

To authorize a variance from the terms of this UDC as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the UDC will result in unnecessary hardship, and so that the spirit of this UDC shall be observed and substantial justice done. Variances may be granted only in the following instances:

The Zoning Board of Adjustment shall consist of five members who are residents of the City, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing.

The City Council shall designate one member as Chairperson.

Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.

All cases to be heard by the Zoning Board of Adjustment shall be heard by a minimum of 75 percent of the number of regular members.

The Zoning Board of Adjustment shall meet from time to time upon call of its Chairperson, the City Manager, or designated appointee, as necessary to hear and decide applications or other business of the City.

The Chairperson, or in his or her absence, the acting Chairperson, may administer oath[s] and compel the attendance of witnesses.

All meetings of the Zoning Board of Adjustment shall be open to the public.

The Zoning Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep record of its examinations and other official actions, all of which shall be immediately filed with the City Secretary and shall be a public record.

The Tree Board shall consist of five members who shall be appointed by the Mayor with the approval of the City Council.

The term of office for the five appointed members shall be three years except that the term of two of the members appointed for the first Tree Board shall be for only one year and the term of two members of the first Tree Board shall be for two years.

In the event that a vacancy occurs, the term of any member shall be appointed for the unexpired portion of the remaining term.

It shall be the responsibility of the Tree Board to study, investigate, counsel, and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs in parks, along streets and in other public places. Such plan will be presented to the City Council annually and upon their acceptance and approval shall constitute the official Tree Preservation Plan. A copy of this file will be kept at the City Secretary’s Office, the Parks Department Office, and at the Cuero Public Library.

It shall be the responsibility of the Tree Board to make modifications to Appendix A, Plants Lists, which are the permitted and prohibited plants that can or cannot be used by the private sector to meet the minimum requirements for landscaping, buffering, and tree protection (see Article 7, Landscaping, Buffering, and Tree Protection).

The Tree Board, when requested by the City Council, shall consider, investigate, take finding [make findings], report and recommend upon any special matter or question coming within the scope of its work.

The Building Official shall:

The Building Official shall provide professional recommendations regarding:

The Building Official interprets the building codes, this UDC, and other City ordinances as they relate to plans and permits.

The Building Official shall decide the following types of applications:

The Building Official is responsible for all other responsibilities as the City Council or City Manager may assign from time to time.

The Building Official shall maintain all records of development applications, including materials and outcomes.

The Building Official shall inspect site improvements and landscaping for compliance with this UDC and approved plans.

The Building Official shall, on an ongoing basis, identify code violations and shall enforce the provisions of this UDC and approvals granted hereunder pursuant to Article 15, Enforcement and Legal Status.

Maintain and hold open for public inspection all records pertaining to the provisions of Division 6.200, Floodplain Management and Flood Damage Prevention.

Make interpretations, where needed, as to the exact location of the boundaries of special flood hazards areas (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions).

Under provisions of 44 CFR, Part 65, Section 12 of the National Flood Insurance Program regulations, the City is authorized to approve certain development in the SFHA (A zones) on the applicable FIRM maps which increases the water surface elevation of the base flood by more than one foot. However, the City must first apply for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).

The Floodplain Administrator shall enforce the floodplain management and flood hazard reduction standards of this UDC.

Staff from the water/wastewater, sanitary, and street departments; fire marshal’s office; and code enforcement/inspections may participate in the review of development applications, as necessary.

Staff from various local, county, state (e.g., Texas Department of Transportation), and federal agencies and other outside entities may participate in the review of development applications as may be needed from time to time.

A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the Building Official, or designee, and other members of the Development Review Committee, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.

Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City staff. Such meetings are recommended prior to the development of site plans and preliminary plats.

The applicant shall bring (or submit prior to) sufficient supporting materials to explain:

The Building Official may request that the applicant bring completed application forms (in draft form) for the types of permits or approvals being sought.

The Building Official shall promulgate and periodically revise forms for each type of application required by this UDC.

Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Building Official, or designee, and have the purpose of facilitating:

The schedule is posted at City Hall and on the City’s website; and

The schedule provides for applications to be submitted in accordance with the following:

The schedule does not restrict the timing of notices of appeal.

For application types that have an established submittal deadline, the application completeness review shall be complete no later than five business days after the specified submittal deadline.

For application types that do not have an established submittal deadline, the application completeness review shall be complete no later than five business days from the date the application is submitted.

Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.

An application that does not include the applicable processing fee shall not be considered complete.

Incomplete applications are not considered filed.

The Building Official shall provide comments from the Development Review Committee, and others as necessary, to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section 14.210, Stale Applications.

The resubmittal shall not require an application fee unless both of the following conditions are met:

If the application is for an administrative approval, the Building Official shall approve, approve with conditions, or deny the application, as appropriate.

If the application is for a public meeting or public hearing approval, the Building Official shall make a recommendation regarding the application and forward the recommendation to the next administering body, as described in Section 14.102, Public Meeting and Public Hearing Approvals, who will consider it for further recommendation or approval.

If the application is for a public meeting or hearing approval, the City Secretary, in coordination with the Building Official, shall set the application on the next available agenda of the administering body that will consider the application, consistent with the legal requirements for public notice, as set out in Section 14.206, Public Notice.

The Building Official shall coordinate with the applicable administering body to fix reasonable times for public hearings.

The Building Official shall notify the applicant regarding the time and place of a public hearing.

Notice shall be published in an official newspaper of general circulation in the City as provided by state law.

Boards, Councils, and Commissions will adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure.

Persons appearing before a Board, Council, or Commission may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, Board, Council, or Commission.

The number of members of a Board, Council, or Commission that is required in order to constitute a quorum is set out in the Cuero Code of Ordinances and this UDC.

Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.

Except where this UDC or Texas state statutes provides otherwise, official action requires the favorable vote of a majority of a quorum present.

In accordance with Section 211.009, Authority of Board, of the Tex. Local Gov’t Code, the decisions of the Zoning Board of Adjustment are as follows.

In case of a protest against a change in zoning district, signed by the owners of 20 percent or more either of the land included in such proposed change, or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.

For rezoning applications, the Planning and Zoning Commission may defer its report for not more than 60 days to City Council. If the Planning and Zoning Commission fails to finally report after 60 days to City Council, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Council hearing in accordance with Section 14.206, Public Notice.

For preliminary and final plats, the Planning and Zoning Commission shall make a recommendation within 30 days of when the application has been determined complete. Once the Planning and Zoning Commission has made a recommendation, it is forwarded to the City Council for a final consideration of approval, which must occur within 30 days of the Planning and Zoning Commission recommendation.

The Building Official’s determination that an application is substantially similar to a denied application is subject to administrative appeal (see Section 14.401, Appeals of Administrative Decisions).

In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Council, which may grant the waiver for good cause shown.

When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:

When an action by the applicant is required for further processing of an application for preliminary plat approval, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.

No refunds of application fees will be issued to applicants whose applications expire pursuant to this Section.

A site plan or land clearing permit is required when any of the following, but not limited to the following, exist:

All site plan or land clearing permits are issued upon the following conditions:

A site plan permit shall be issued if the Building Official finds that:

An administrative tree removal permit is required for the removal of more than three protected trees within a one calendar year period.

In addition to the requirements established by the Building Official for all administrative plans and permits, applications for an administrative tree removal permit shall be accompanied by a tree location map and site plan showing, at a minimum, the following:

An administrative tree removal permit shall be approved by the Building Official if it is demonstrated that:

A zoning clearance permit is an administrative procedure in which the Building Official verifies that an application for development approval of a permitted or limited use, or a building or structure that is permitted without site plan approval, complies with the requirements of this UDC. In addition, a zoning clearance permit is required as a pre-condition to establishment of or changes in use, as well as redevelopment, or substantial improvement of an existing building or structure.

The Building Official shall approve or deny the application based on the following.

The Building Official shall approve, approve with conditions, or deny the application depending on how it meets the applicable substantive requirements of this UDC, particularly those specified for the proposed use in Section 2.106, Temporary Uses and Section 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Standards.

All development proposed within a special flood hazard area and all development constructed, installed, commenced, improved or maintained within a special flood hazard area after the effective date (to the extent permitted by this UDC), is required to obtain a floodplain development permit from the Floodplain Administrator in accordance with the procedures established in this Section.

In addition to the requirements established by the Building Official for all administrative plans and permits, applications for a floodplain development permit shall be accompanied by plans drawn to scale showing location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all applicable provisions of Division 6.200, Floodplain Management and Flood Damage Prevention, and the following relevant factors:

The application of this Section is subject to the following exceptions and limitations:

Upon consideration of the factors noted above and the intent of this [sic] Section 6.201C., Purpose, the Floodplain Administrator may attach such conditions to the granting of variances as it deems necessary to further [the] purpose and objectives of this Section and of Division 6.200, Floodplain Management and Flood Damage Prevention.

Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Floodplain variance approvals shall be recorded by the Floodplain Administrator at the applicant’s expense. Upon recording, the Floodplain Administrator shall annotate the official zoning map with the case number of the floodplain variance. The Floodplain Administrator shall maintain a record of all variances and shall report them, upon request, to FEMA.

Every proposed development must have a drainage system that shall be designed by a registered engineer and constructed by the developer or subdivider, who shall design and construct the drainage facilities to retain/detain stormwater to provide a 10 percent reduction in runoff from pre-construction conditions. The design considerations for the drainage system are set out in Section 8.302B, Stormwater Management, Drainage, and Low Impact Development.

No zoning clearance permit or building permit shall be issued for any new building or development without a written statement from the City Engineer stating that the storm drainage facilities and improvements meet all of the requirements of this UDC and other applicable regulations and ordinances.

A sign permit is required by Section 9.101, General Provisions [sic], and is an administrative procedure in which the Building Official verifies that an application for approval of a sign complies with the requirements of Article 9, Signs.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit, issued by the Building Official. Nor shall any man-made change begin on improved or unimproved real estate including, but not limited to, mining, dredging, filling, grading, paving excavations, or drilling operations, without a permit, issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this UDC and applicable building code except after written order from the Zoning Board of Adjustment or Building Board of Adjustment and Appeals. Procedure shall be according to the procedures set out in the applicable international building code (as set out in the Cuero Code of Ordinances, which is amended from time to time) and this Section.

All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and for the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Official including existing or proposed building or alteration; existing rental units the building is designated to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for enforcement of this UDC and building code.

The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:

One copy of the plans shall be returned to the applicant by the Building Official after he or she has marked the copy as approved or disapproved and attested to same by his or her signature on the copy. The second copy of the plans, similarly marked, shall be retained by the Building Official.

A fence or garden wall permit is required for all new construction of fences or garden walls, and repair of existing fences or garden walls that includes the following:

The Building Official issues fence or wall permits upon a finding that the proposed fence or wall complies with Section 11.103, Fences and Walls, and other applicable sections of this UDC.

A certificate of occupancy is required to certify that occupancy of the building is permitted.

A certificate of occupancy is issued after a zoning clearance permit has been issued and the Building Official determines that all requirements of this UDC, conditions of approval, and applicable building code requirements are met.

A recreational vehicle (RV) park license is required to operate an RV park.

In districts where the use is conditional, review and approval by the Planning and Zoning Commission is required in accordance with Division 14.400, Public Hearing Procedures. In districts where the use is limited, RV park licenses may be issued administratively by the Building Official if it is demonstrated that the application meets the applicable substantive requirements of this UDC.

All RV park licenses expire on December 31st of every year.

Renewal applications are due no later than December 15th of any given year and shall:

The action by the administrative officer is dispositive with respect to the application or a material part of it;

There is no other specific appellate procedure provided for the application type in this UDC or in state law (e.g., the appeal is related to a building code requirement subject to the jurisdiction of the Building Board of Adjustment and Appeals, the action could be handled via the variance process, etc.); and

The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, nor to seek relief from an enforcement action.

Applications for appeals of administrative decisions are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the Zoning Board of Adjustment, as set out in Section 14.103, Public Meeting and Hearing Approvals.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in his or her opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Zoning Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

The Zoning Board of Adjustment shall have the power to review the decision of the administrative official de novo, but shall not consider new evidence that was not available to the administrative official.

The Zoning Board of Zoning Adjustment shall render a final written decision within 30 days after conclusion of the public hearing for an appeal alleging error.

To support its decision and resolution of the questions and issues raised in the proceedings, the Zoning Board of Adjustment shall adopt findings of fact and may include mixed questions of law and fact.

In determining an appeal alleging error, the Zoning Board of Adjustment may, as long as such action is in conformity with the terms of this UDC, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Building Official or administrative official from whom the appeal is taken.

The Zoning Board of Adjustment, in deciding any appeal alleging error, may prescribe such supplementary conditions, limitations and safeguards which are not in conflict with this UDC and which is deemed necessary to protect the public interest and neighboring properties. Such supplementary conditions, limitations and safeguards shall be made a part of the proceedings and shall be incorporated in the final decision.

In issuing a conditional use permit, applications are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Planning and Zoning Commission, as set out in Section 14.103, Public Meeting and Hearing Approvals. Approval.

In reviewing a conditional use application, the Planning and Zoning Commission may approve, approve with conditions, or deny the application in accordance with the following:

That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, morals, or general welfare;

That the uses, values and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;

That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

That adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and

That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.

The granting of a conditional use does not create a right to the use and the conditional use may be canceled at the City Council’s sole discretion.

No application for a conditional use that has been denied wholly or in part by the City Council shall be resubmitted for a period of six months from the date of said denial.

Provides a palette of development styles and materials (e.g., addresses the design elements and not the use or intensity of development);

Provides details of streetscape design and landscaping; and

May provide for specific modifications of the requirements of this UDC in order to ensure that the development is a cohesive whole and meets stated design objectives.

A map showing the general location of streets, private lots, and commonly owned areas (including but not limited to parks, drainage, and bufferyards), which shows the general locations of the subdistricts within the development, if any.

A description of each type of housing that is proposed, and for the mixed housing neighborhood.

Standards for lot dimensions for each type of housing, expressed either as lot width and lot depth or lot width and lot area. Such standards may be expressed as averages.

Standards for setbacks or build-to lines for front, street side, interior side, and rear lot lines, which may be different for principal buildings and accessory buildings. Such standards may be presented in tabular or illustrated format.

Standards for setbacks or courtyards, if different from areas between required setback lines and lot lines.

Standards for the design of each type of building that is proposed in the development, which shall include:

A collection of illustrative elevations for each architectural style/typology, with standards that will ensure diversity of architectural presentation; or a collection of proposed elevations for each architectural style/typology, which demonstrates diversity of architectural presentation.

Standards for fences and garden walls, if different from those set out in Section 11.103, Fences and Walls.

Standards for accessory buildings, if different from those set out in Section 11.101, Accessory Buildings and Structures.

The City Council may approve, approve with conditions, or deny an application for a pattern book depending how it conforms to the objectives set out in Article 3, Residential and Nonresidential Development Yield.

Conditions of approval of a pattern book shall not be used to:

Applications for a rezoning shall be on a form approved by the Building Official and may be initiated by:

The Building Official may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of the rezoning application. Such information shall be related to the scale, location, and impacts of the rezoning application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of traffic (trip generation), drainage (flooding), visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.

The Building Official shall review each proposed rezoning in light of the approval criteria of subsection D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Building Official shall provide a report and recommendation to the Planning and Zoning Commission.

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Cuero Comprehensive Plan or another adopted land use or area plan, including but not limited to small area or redevelopment plans;

The proposed zoning is consistent with the future land use plan of the Cuero Comprehensive Plan (a future land use plan amendment may be processed concurrently with the rezoning);

The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other public utilities, and the delivery of public services to the area in which the parcel proposed for a rezoning is located;

The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a rezoning, and the parcel proposed for a rezoning has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC, including parking and buffering requirements; and

The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

The City Council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Building Official and/or Planning and Zoning Commission:

No application for rezoning shall be considered within six months of denial of a request by the City Council for the same classification on the same property.

The Building Official shall review each proposed amendment in light of the approval criteria of subsection D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Building Official shall provide a report and recommendation to the Planning and Zoning Commission.

The proposed amendment will help to implement the adopted Cuero Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Cuero Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Cuero Comprehensive Plan when compared to the existing UDC.

The proposed amendment is consistent with the stated purposes of this UDC.

The proposed amendment will maintain or advance the public health, safety, or general welfare.

The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.

The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.

Building code variances (variances to the requirements of adopted international building codes which are set out in the Cuero Code of Ordinances). Variances to the requirements of the adopted building code are under the purview of the Building Board of Adjustments and Appeals.

Variances from the terms of one or more conditions of approval imposed by an administering body described in Article 13, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.

Variances that would have the effect of make [making] existing nonconforming or illegal construction (buildings and structures), site improvements, parking, or landscaping conforming. Nonconforming situations are subject to the requirements of Article 12, Nonconformities.

Variances to the requirements of Division 6.200, Floodplain Management and Flood Damage Prevention, which are handled by the Building Official, in consultation with the City Engineer (see Section 14.303, Environmental Permits).

Variances shall not be used to allow a use in a zoning district in which the use is prohibited or which would constitute a change in district boundaries (i.e., variances to Article 2, Land Use).

Variances shall not be used to modify any requirements that are set out in Division 2.200, Limited and Conditional Use Standards, with respect to an application for conditional use approval.

State and/or federal laws and/or regulations may not be varied by the City unless such authority is expressly granted to the City.

Applications for a variance shall be on a form approved by the Building Official.

It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a variance in convincing fashion so that the Zoning Board of Adjustment may be satisfied that the request meets each of the criteria set out in subsection F., below.

The variance is consistent with the policy directions of the Cuero Comprehensive Plan.

The variance will not permit an intensity of use of land that is not permitted in the applicable district; and

The variance will not permit a use of land, building, or structure that is not otherwise permitted in the applicable district;

The variance requested is the minimum variance that will make possible a permitted use of the land, building, or structure;

Granting of the variance will be in harmony with the general purpose and intent of this UDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;

Granting the variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district;

The need for a variance or the extraordinary and exceptional conditions do not result from the actions of the applicant; and

There are extraordinary and exceptional conditions pertaining to the subject property because of its size, shape, or topography that are not applicable to other lands or structures in the same district.

The Zoning Board of Adjustment may approve, approve with conditions, or deny a variance.

An application for a variance may be processed simultaneously with other required applications, and approval of the other applications may be a condition of approval of the variance. However, each application shall be processed on its own independent merits according to the standards applicable to the application.

All applicants requesting a variance from the provisions of this UDC shall be notified in writing of the final action taken by the Zoning Board of Adjustment.

An approved variance shall be accompanied by an order of the Zoning Board of Adjustment to direct the issuance of a permit within 10 business days.

Promote and develop the utilization of the land in a manner to assure the best possible community environment in accordance with the Cuero Comprehensive Plan, and other long-range plans of the City;

Guide and assist the developers in the correct procedures to be followed and to inform them of the standards which shall be required;

Protect the public interest by supervising the location, design, class, and type of streets, sidewalks, utilities and essential areas and services required; and

Protect and promote the health, safety and general welfare.

Prior to filing a preliminary plat, a subdivider who intends to submit a sequence of preliminary plats of a proposed development shall submit a concept plan of the entire development for review by the Planning and Zoning Commission and approval by the City Council.

A subdivider may, at his or her own risk, submit the first preliminary plat along with a concept plan for concurrent review. However, such plan must be approved before any preliminary plat of such development is approved.

When a concept plan is required, every preliminary plat must substantially comply with the approved concept plan.

Conforms to any and all applicable provisions of this UDC;

Promotes the public health, safety and general welfare;

Provides for the proper arrangement of streets in relation to existing or proposed streets and conforms to the City’s Thoroughfare Plan (as adopted in the Cuero Comprehensive Plan) for the extension of roads, streets, and public highways within the City, taking into account access to and extension of public utilities;

Provides for the efficient movement of vehicular and pedestrian traffic;

Ensures adequate and appropriately placed utilities;

Provides access for firefighting apparatus as determined by the Fire Chief;

Provides light and air and avoids congestion;

Facilitates the orderly and efficient layout and use of the land;

Delineates and labels all building and lot lines for all residential and nonresidential uses, including required setbacks; and

Advances the goals and policies of the Cuero Comprehensive Plan and the purposes of this UDC, including, if applicable, current and future streets, alleys, parks, playgrounds, and public utilities.

After the minor, final, or other applicable plat has been approved, and associated site plans and construction specifications have been approved, the developer shall cause the contractor to install all required improvements in accordance with the requirements of this Section and the approved plans and specifications.

The City shall have the authority to inspect work and materials furnished as part of the work associated with construction of all public and other required improvements (e.g., required landscape plantings). Inspections made by the City are for the sole benefit of the City and do not relieve the contractor, owner, or developer of any obligations or liabilities.

For required public improvements (e.g., new streets and public utilities), a one-year maintenance bond from each contractor in the amount of 10 percent of the contract price is due upon receipt by the City. The following plans and documents shall be submitted:

The City Manager shall receive and approve for the City the title, use, and maintenance of the improvements that are dedicated to and accepted by the City.

Except as otherwise agreed by the City, no certificate of occupancy for any habitable structure shall be issued until all required improvements have been completed and finally accepted by the City, including improvements which will be dedicated to the City for future maintenance and/or ownership.

An address plat is required with the submittal of the minor or final plat documentation.

The Building Official, in coordination with other departments, approves street names and assigns addresses.

As set out in Section 212.016, Amending Plat, of the Tex. Local Gov’t Code, the Building Official shall approve an amending plat if it implements any of the following purposes and, if standards or limitations are provided, complies with said standards or limitations:

The Building Official shall not deny an application for an amending plat. If the Building Official does not approve the proposed amending plat it shall be referred to the Planning and Zoning Commission.

The Building Official shall not deny an application for a minor plat. If the Building Official does not approve the proposed minor plat it shall be referred to the Planning and Zoning Commission.

The preliminary plat shall be prepared on sheets which are a maximum size of 24 inches by 36 inches, regardless of the size of the subdivision.

The scale should be 100 feet or 50 feet to the inch (e.g., one inch equals 100 feet or one inch equals 50 feet) but may be 200 feet to the inch (e.g., one inch equals 200 feet) in cases of large development which would exceed the dimensions of a sheet [with] 100 foot scale.

The following data shall be shown on the preliminary plat:

Where a preliminary plat proposes to divide a tract in a manner that creates any lots that are intended for residential purposes and are five acres or less, then the owner of the tract must:

The following requirements apply if the proposed subdivision pertains to lots that are to remain in agricultural use only and are not intended for residential use, and the source of the water supply intended for the subdivision is groundwater under the land to be subdivided:

The Building Official shall review each preliminary plat in light of the decision criteria set out in Section 14.501, General Provisions for all Plat Approvals, and subsection E., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Building Official shall provide a report and recommendation to the Planning and Zoning Commission.

As required by Section 212.009, Approval Procedures, of the Tex. Local Gov’t Code, the Planning and Zoning Commission shall hold a public meeting on the preliminary plat within 30 days from when the application is determined complete, pursuant to Section 14.204, Application Completeness Review. Following the public meeting, the Planning and Zoning Commission shall make a final report to the City Council. A plat is considered approved by the City unless it is disapproved during that time period. The Planning and Zoning Commission shall provide a recommendation for approval, approval with conditions, or denial to the City Council. If the Planning and Zoning Commission recommends approval with conditions, they shall state its recommendation as “conditional”; if disapproved, they shall state its reasons for the recommendation of denial.

As required by Section 212.009, Approval Procedures, of the Tex. Local Gov’t Code, the City Council shall hold a public meeting to act on the preliminary plat within 30 days of the date of the recommendation for approval by the Planning and Zoning Commission. A plat is considered approved by the City unless the City Council disapproves the plat during that time period.

The administering body shall review the preliminary plat using the decision criteria set out in Section 14.501, General Provisions for all Plat Approvals, and this Section.

The Planning and Zoning Commission and/or City Council may require any conditions necessary to ensure that future approval of the final plat will conform to the requirements of this UDC. If the preliminary plat conforms to this UDC without the establishment of approval conditions, no conditions shall be imposed.

A preliminary plat approval authorizes an applicant to file an application for a final plat approval.

The action of both the City Council and the Planning and Zoning Commission shall be noted on two copies of the preliminary plat, along with any conditions required by City Council (see subsection E.2., above). One copy shall be returned to the applicant and the other retained by the City.

If a plat is approved, the City shall endorse the plat with a certificate indicating the approval. The certificate must be signed by:

If the City Council fails to act on a plat within the prescribed period, the City on request shall issue a certificate stating the date the plat was filed and that the City Council failed to act on the plat within the period. The certificate is effective in place of the endorsement required by subsection D.3., above.

The approval of a preliminary plat shall be effective for one year unless reviewed by the Planning and Zoning Commission and City Council in the light of new or significant information which would necessitate the revision of the preliminary plat.

If no development or change in requirements has occurred which would affect the proposed plat at the end of the year of an effective approval, the City Council may extend its approval another year without the submission of a new preliminary plat by reapproving the original preliminary plat. No filing fee is required for the reapproval.

All final plats shall be submitted on sheets 24 inches by 36 inches and to a scale of not less than 100 feet to the inch or larger. Where more than one sheet is required to encompass the final plat an index sheet, 24 inches by 36 inches, shall be filed showing the entire subdivision together with the complete dedication, attests, dates, titles and seals, on one sheet.

The exterior boundary of the subdivision shall be indicated by the distinct dash line and corner markers by individual symbols.

The length and bearing of all straight lines, radii, arc lengths, tangent length, and central angles of all curves shall be indicated along the boundary line of the subdivision and each block. All dimensions along the lines of each lot shall be shown. The curve data pertaining to block or lot boundary may be placed in a curve table at the base of the plat.

The names of all abutting subdivisions, the dimensions of all abutting lots, lot and block numbers, and accurate reference ties to courses and distances of at least two recognized land corners shall be shown.

The names and accurate location of all streets adjoining, abutting or within 200 feet of the subdivision shall be shown.

The location and dimension of any utility easement adjoining or abutting the subdivision or proposed within the subdivision shall be shown.

All streets must intersect at 90 degrees.

All lots, blocks, streets, alleys, pipelines, watercourses, easements, rights-of-way, reserves (e.g., open spaces) and total area, number of lots and number of blocks.

Building lines (i.e., setback lines).

The description and location of all survey monuments placed in the addition or subdivision shall be shown. In all subdivisions and additions corners shall be established at the corner of each block in the subdivision consisting of:

The final plat shall show a title including the name of the addition or subdivision, the name and address of the owner and engineer or surveyor, scale and location of subdivision with reference to original land grant or survey and abstract number and a north arrow with true or magnetic north.

A certificate of ownership giving a metes and bounds description of the property, dedication of all streets, alleys, parkways and parks where donated to the City and dedication or reservation of all easements and drainageways to the public use, signed and acknowledged before a Notary Public by the owner of the land, shall appear on the face of the plat or index sheet of the plats where two or more sheets are required.

A waiver of any claim(s) against the City for damages occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to grades established in the subdivision.

The certificate of the licensed professional engineer or licensed public surveyor who surveyed or mapped and monumented the land, which certificates shall be attested before a Notary Public, shall be placed on the face of the plat on index sheets of the plats together with the seals of the engineer or surveyor and Notary Public. Printed seals and signatures are prohibited except for extra prints that the owner or developer may need certified for other purposes. The certificate of the engineer or surveyor to be placed on the plat shall be as follows “KNOW ALL MEN BY THESE PRESENT: That I, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the subdivision regulations of the City.”

At the time the developer files the final plat with the City, he or she shall file a certificate showing that all taxes have been paid on the tract to be subdivided and pay the filing fee.

The final plat shall be accompanied by a written agreement of the developer to install improvements required by this UDC together with a performance bond (corporate or personal surety), letter of credit, or certified check in a sufficient amount to assure the completion of all the required improvements.

Any covenants, conditions and restrictions (CCRs) proposed for the property.

The Building Official shall review each final plat in light of the decision criteria set out in Section 14.501, General Provisions for all Plat Approvals, and subsection E., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Building Official shall provide a report and recommendation to the Planning and Zoning Commission.

As required by Section 212.009, Approval Procedures, of the Tex. Local Gov’t Code, the Planning and Zoning Commission shall hold a public meeting on the final plat within 30 days from when the application is determined complete, pursuant to Section 14.204, Application Completeness Review. Following the public meeting, the Planning and Zoning Commission shall make a final report to the City Council. A plat is considered approved by the City unless it is disapproved during that time period. The Planning and Zoning Commission shall provide a recommendation for approval, approval with conditions, or denial to the City Council. If the Planning and Zoning Commission recommends approval with conditions, they shall state its recommendation as “conditional”; if disapproved, they shall state its reasons for the recommendation of denial.

As required by Section 212.009, Approval Procedures, of the Tex. Local Gov’t Code, the City Council shall hold a public meeting to act on the final plat within 30 days of the date of the recommendation for approval by the Planning and Zoning Commission. A plat is considered approved by the City unless the City Council disapproves the plat during that time period.

The administering body shall review the final plat using the decision criteria set out in Section 14.501, General Provisions for all Plat Approvals, and this Section.

The final plat shall conform to the preliminary plat as approved and incorporate all changes, directions, and additions imposed by the City Council. The final plat shall not be released for filing until detailed engineering site plans have been approved by the City.

If so desired by the developer, the final plat may constitute only that portion of the approved preliminary plat which he or she proposes to record and then develop, provided the portion conforms to all the requirements of this Section.

The action of both the City Council and the Planning and Zoning Commission shall be noted on two copies of the final plat. One copy shall be returned to the applicant and the other retained by the City.

If a plat is approved, the City shall endorse the plat with a certificate indicating the approval. The certificate must be signed by:

If the City Council fails to act on a plat within the prescribed period, the City on request shall issue a certificate stating the date the plat was filed and that the City Council failed to act on the plat within the period. The certificate is effective in place of the endorsement required by subsection D.3., above.

The City Council shall, from time to time, establish fees for the processing and review of the various applications and reviews contemplated by this UDC.

The fees shall be reasonable, but shall not exceed the actual costs of staff and consultant time in reviewing the applications.

The City Council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such as fees for expert technical review or advice.

The City may deny or withhold all permits, approvals, or other forms of authorization on any land, building, or structure for which there is an uncorrected violation of a section of this UDC or of a condition of a permit, certificate, approval or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected.

The City may suspend permits, including conditional use permits, for a period of up to 60 days to allow for the correction of the violation or the judgment of a court of competent jurisdiction.

With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a section of this UDC or of a permit or other form of authorization issued pursuant to this UDC, in accordance with its power to stop work under its building codes.

The City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

The City shall have the right to institute any appropriate civil action as provided in Section 54.012, et seq., Tex. Local Gov’t Code, in a county court or district court, to enforce, enjoin, prevent, restrain, correct or abate any violation of this UDC, including any and all remedies available pursuant to state law. All court costs and reasonable attorney’s fees incurred by the City in connection with any civil action shall be awarded to the City if it is the prevailing party.

Any person who violates any section of this UDC shall be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable by a fine not to exceed $2,000 for each offense.

The Federal Emergency Management Agency (FEMA) and the Texas Commission on Environmental Quality (TECQ) shall be notified immediately in writing of any property or structure in violation of the floodplain section of this UDC.

New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this UDC.

For a first violation, the person responsible for the violation shall have a period of no more than 15 days to correct the violation.

For a subsequent or continued violation, the person responsible for the violation shall correct the violation within 24 hours.

Any violation that creates an immediate danger to the public safety shall be corrected immediately, regardless of whether it is a first violation, a continuing violation, or a subsequent violation.

The Building Official has the authority to issue an original citation and deliver it to a person believed to be committing a civil violation and are hereby declared to be the officials with the duty of enforcing this UDC for that purpose.

The Building Official or a designee is hereby declared to be the official with the duty of enforcing this UDC with respect to:

Many nonconforming uses may be made “conforming” through a conditional use permit review process; and

Many nonconforming improvements (e.g., buildings, parking, signs, etc.) may be brought into compliance over time to avoid disproportionate financial burdens on landowners who want to upgrade their properties, but cannot reasonably be expected to bring the properties into full compliance all at once.

The City will not interpret or apply private restrictions unless it is a party to them and as a party, it determines that interpretation is necessary.

When the City zones or rezones property or otherwise issues a permit such action shall not be considered an interpretation regarding existing private restrictions to which the City is not a party.

Parties to private covenants who seek permits from the City which are inconsistent with their private covenants do so at their own risk that the covenants may be enforced by other private parties who may have standing to file suit.

The City is a party to or has an explicit right of enforcement set out in the restrictions; and

The City Council finds that it is likely to have legal standing to enforce the private restrictions.

The general findings and purposes stated in Section 16.101, Title, Authority, Applicability and Purposes; and

The goals and policies of the Cuero Comprehensive Plan and Downtown Cuero Plan.

The sign is not a prohibited sign or sign type;

The frequency of changes to the message is not greater than is allowed for digital message centers (see Section 9.103, Message Centers); and

The size, height, setback, and other dimensional criteria contained in this UDC have been satisfied, or the sign is legally nonconforming.

This Section applies to any request to interpret a provision of this UDC.

Applications for interpretations shall be submitted on a form approved by the Building Official.

The applicant shall cite the code provision for which interpretation is sought, a description of a hypothetical situation or scenario to which the application of this UDC is in question, and a statement of the nature of the interpretation sought.

The materials or scenario posed by the applicant;

The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster’s Third New International Dictionary or other current and authoritative dictionaries;

The purpose statement for the UDC section that is subject to interpretation;

Any other provision of the Cuero Comprehensive Plan, the City of Cuero, Texas, Code of Ordinances, state law, or federal law that are related to the same subject matter;

Any technical meanings of the words used in the provision subject to interpretation;

Other interpretations rendered by the City relating to the same or related provisions of this UDC;

The consequences of the interpretation;

The legislative history;

The problem or issue that is addressed by the provision subject to interpretation; and

Sources outside of the UDC provision that provide a related source for the definition, such as technical or professional literature.

If any Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or this UDC.

Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., above, or elsewhere in this Section, this UDC, or any adopting ordinance, if any Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or this UDC, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

Without diminishing or limiting in any way the declaration of severability set out in subsection B.1., and subsection B.2., above, if any Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.

It is the intent of the City Council to regulate signage in a manner that implements the purposes of Article 9, Signs, as expressed in Section 9.101, Purpose and Applicability. The City finds that the purposes stated in Section 9.101, Purpose and Applicability, are legitimate, substantial, and compelling public interests, that the regulation of signage in Article 9, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this UDC, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of, in descending order of priority:

The more restrictive provision shall control, if the provisions were adopted at the same time; or

The more recent provision shall control if the provisions were adopted at different times.

The provisions of this UDC apply to all land, development, and the use of all land, buildings, and structures within the corporate limits of the City of Cuero, Texas, except as specifically provided herein or preempted by state or federal law.

To the extent allowed by law or permitted by application of agency policy, this UDC shall also apply to all land, buildings, structures, and uses owned by government agencies, including all municipal, state, and federal lands, within the corporate limits of the City of Cuero.

Encourage economic opportunities by:

Protect public health and safety and environmental quality by:

Protect the quality of life of the City’s residents, business owners, employees, and visitors by:

Protect the fiscal and functional health of the City by: