A. 
Generally.
Figure 2.101, Illustrative Interpretation of Land Use Tables, illustrates how the land use tables are interpreted.
1. 
Displayed in Section 2.102, Residential and Commercial Uses of the Home, through Section 2.106, Temporary Uses, are the tables that set out which uses are permitted, limited, conditional, and prohibited in each zoning district.
2. 
The tables list uses in white and pink rows (the name of the use is listed in the first column), sometimes organized by category (brownish-red rows).
Editor’s note–As published herein, the tables are printed in black and white.
3. 
The second column, “Limited and Conditional Use Standards,” refers to the section which provides the use-specific standards that apply to limited or conditional uses for districts in which the use is limited or conditional.
4. 
The remaining columns list the zoning districts by category.
5. 
In the table cells where rows and columns intersect, a letter or symbol indicates if the use is permitted, limited, conditional, or prohibited in the district.
Figure 2.101
Illustrative Interpretation of Land Use Tables
Example: A person wants to know if Example Use A is allowed on a parcel of land that is located in the CG [C-1] district. The use is listed as “L” (shown in bold blue type with yellow background [in bold type], below) which means that it is allowed, provided that it meets some additional standards that are set out in Division 2.200, Limited and Conditional Use Standards (see subsection B for details about the symbols in the illustration).
Illustrative Land Use Table
P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use
Land Use
Limited and Conditional Use Standards
Zoning Districts
Agriculture
Residential
Nonresidential
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
PR
A Group of Related Uses Follows
Example Use A
A cross reference will be shown in Division 2.200, Limited and Conditional Use Standards.
X
X
X
X
X
L
C
C
C
Example Use B
There is no L or C in this row, therefore there is no cross-reference (i.e., N/A).
P
P
X
P
P
X
X
X
X
TABLE NOTES:
This is where additional regulatory provisions, clarity, or interpretations may be found specific to a row, column, or cell. Table notes are enforceable by the Building Official.
B. 
Table Symbology.
All the tables use the following symbols:
1. 
“P” means that the use is Permitted in the specified zoning district. The uses are approved by the Building Official, subject to the standards of this UDC that apply to all permitted uses.
2. 
“L” means that the use is allowed as a Limited Use in the specified zoning district. Limited uses are approved by the Building Official, subject to:
a. 
The standards for permitted uses that are set out in this UDC; and
b. 
The applicable use-specific standards set out in Division 2.200, Limited and Conditional Use Standards.
3. 
“C” means that the use is a Conditional Use in the specified zoning district. Conditional uses are approved by the City Council after a public hearing, subject to:
a. 
The standards for permitted uses that are set out in this UDC; and
b. 
The applicable use-specific standards set out in Division 2.200, Limited and Conditional Use Standards.
4. 
“X” means that the use is Prohibited in the specified zoning district.
(Ordinance 2015-30 adopted 10/30/15)
Set out in Table 2.102, Residential and Commercial Uses of the Home, are the residential and commercial uses of the home that are allowed in each zoning district.
Table 2.102
Residential and Commercial Uses of the Home
P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use
Land Use
Limited and Conditional Use Standards
Zoning Districts
Agriculture
Residential
Nonresidential
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
PR
Residential Uses
Single-Family Detached
 
 
 
 
 
 
 
 
 
 
- Cottage
Sec. 2.202
X
X
X
X
L
X
X
X
X
- Industrialized Housing
Sec. 2.202
L
L
L
L
L
X
X
X
X
- Single-Family Detached
Sec. 2.202
P
P
P
P
P
L
L
X
X
- Manufactured Home
Sec. 2.202
L
L
L
L
L
X
X
X
X
- Manufactured Home Overlay (MHO) District
Sec. 2.202
X
X
X
C
C
X
X
X
X
Single-Family Attached
 
 
 
 
 
 
 
 
 
 
- Duplex
Sec. 2.202
X
X
L
L
L
X
X
X
X
- Triplex
Sec. 2.202
X
X
L
X
L
X
X
X
X
- Townhouse
Sec. 2.202
X
X
L
X
L
X
X
X
X
- Live-Work Unit
Sec. 2.202
X
X
X
X
X
X
L
X
X
Multi-family
 
 
 
 
 
 
 
 
 
 
- Apartment
Sec. 2.202
X
X
X
X
X
L
C
X
X
Residential Neighborhood Types
Standard Residential Neighborhood
N/A
P
P
P
P
P
X
X
X
X
Planned Cluster
N/A
P
P
P
X
X
X
X
X
X
Mixed-Use
N/A
X
X
X
X
X
X
L
X
X
Manufactured Home Park or Subdivision
N/A
C
X
C
L
L
X
X
X
X
Recreational Vehicle (RV) Park
N/A
C
X
C
L
L
X
X
X
X
Commercial Use of the Home
Bed and Breakfast
Sec. 2.203
X
X
X
C
C
C
C
X
X
Child-Care, Family Home
Sec. 2.203
P
L
L
L
L
L
L
X
X
Child-Care Facility, Group Home
Sec. 2.203
X
C
C
C
C
L
L
X
X
Child-Care Facility, Residential (foster home/agency foster home)
N/A
P
P
P
P
P
X
P
X
X
Child-Care Facility, Residential (other)
Sec. 2.203
X
C
C
C
C
L
L
X
X
Home Occupation
Sec. 2.202
L
L
L
L
L
X
X
X
X
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 2, adopted 7/19/16)
Set out in Table 2.103, Institutional, Recreation and Amusement Uses, are the institutional or recreation and amusement uses that are allowed in each zoning district.
Table 2.103
Institutional, Recreation and Amusement Uses
P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use
Land Use
Limited and Conditional Use Standards
Zoning Districts
Agriculture
Residential
Nonresidential
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
PR
Institutional Uses
Assisted Living Facility
Sec. 2.204
P
L
L
L
L
P
L
X
X
Child-Care Facility, Day-Care
Sec. 2.204
P
X
X
X
X
L
L
X
X
Hospitals
N/A
X
X
X
X
X
P
P
X
X
Medical Office/ Clinic/ Medical Lab
Sec. 2.204
X
X
X
X
X
P
P
X
L
Nursing/ Convalescent Home
Sec. 2.204
P
L
L
L
L
P
P
X
X
Place of Public Assembly (event facilities; meeting halls; fraternal organizations; places of worship)
Sec. 2.204
P
C
C
L
L
P
L
X
L
Schools, Private
N/A
X
X
C
C
C
P
X
X
X
Schools, Public
Sec. 2.204
X
X
C
C
C
P
X
X
P
Recreation and Amusement Uses
Commercial Amusement, Indoor
N/A
X
X
X
X
X
P
P
P
P
Commercial Amusement, Outdoor
N/A
C
X
X
X
X
C
X
X
C
Golf Course/ Club
N/A
C
C
C
C
X
X
X
X
X
Recreation and Fitness, Indoor
N/A
X
C
C
C
C
P
P
P
P
Recreation and Fitness, Outdoor
N/A
P
P
P
P
P
P
P
P
P
Sexually Oriented Business1
N/A
X
X
X
X
X
X
X
C
X
TABLE NOTES:
N/A - Not Applicable
1.
See Chapter 111, Amusements, [Article 5.08, Sexually Oriented Businesses] of the Cuero Code of Ordinances
(Ordinance 2015-30 adopted 10/30/15)
Set out in Table 2.104, Commercial Uses, is the commercial uses that are allowed in each zoning district.
Table 2.104
Commercial Uses
P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use
Land Use
Limited and Conditional Use Standards
Zoning Districts
Agriculture
Residential
Nonresidential
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
PR
Commercial Uses
Alcohol Beverage Sales
Sec. 2.205
C
X
X
X
X
C
C
X
C
Animal Grooming Facilities
N/A
P
X
X
X
X
P
P
X
X
Animal Boarding or Veterinarian Services, Large Animal
Sec. 2.205
P
X
X
X
X
C
X
L
X
Animal Boarding or Veterinarian Services, Small Animal
Sec. 2.205
P
X
X
X
X
L
L
L
X
Bar or Nightclub2
Sec. 2.205
X
X
X
X
X
C
C
X
X
Drive-In, Drive-Through Facility
Sec. 2.205
X
X
X
X
X
L
L
X
L
Heavy Retail/ Home Center
Sec. 2.205
X
X
X
X
X
L
X
L
X
Mixed-Use
Sec. 2.205
X
X
X
X
X
L
L
X
X
Nursery/ Greenhouse, Retail
Sec. 2.205
P
X
X
X
X
C
X
C
X
Office, General
N/A
X
X
X
X
X
P
P
X
P1
Overnight Accommodations (hotels, motels)
N/A
X
X
X
X
X
L
L
X
X
Pawn Shop
N/A
X
X
X
X
X
P
X
X
X
Restaurant
Sec. 2.205
C
X
X
X
X
P
P
P
X
Retail Sales and Services
Sec. 2.205
X
X
X
X
X
P
P
P
X
Vehicle Gas or Fueling Station
Sec. 2.205
C
X
X
X
X
L
X
L
L1
Vehicle Sales, Rental, and Service
Sec. 2.205
X
X
X
X
X
L
X
L
X
Wholesale
Sec. 2.205
X
X
X
X
X
X
X
P
X
TABLE NOTES:
N/A - Not Applicable
1.
These allowances are to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, fuel pumps or vehicle repair for government vehicles, alcohol sales at government sponsored public events, etc.).
2.
See Chapter 110, Alcohol Beverages, [Article 5.03] of the Cuero Code of Ordinances
(Ordinance 2015-30 adopted 10/30/15)
Set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, are the agriculture, industrial, transportation, utility, and communication uses that are allowed in each zoning district.
Table 2.105
Agriculture, Industrial, Transportation, Utility and Communication Uses
P = Permitted Use; L = Limited Use; C = Conditional Use; X = Prohibited Use
Land Use
Limited and Conditional Use Standards
Zoning Districts
Agriculture
Residential
Nonresidential
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
PR
Agricultural Uses
Agriculture, General
N/A
P
X
X
X
X
X
X
X
X
Nursery/ Greenhouse, Wholesale
N/A
P
X
X
X
X
X
X
X
X
Industrial
Heavy Industry
Sec. 2.206
X
X
X
X
X
X
X
P
X
Light Industry
Sec. 2.206
X
X
X
X
X
X
X
P
X
Mining/ Extraction
Sec. 2.206
C
X
X
X
X
X
X
C
X
Oil/ Gas Operations
Sec. 2.206
C
X
X
X
X
X
X
C
X
Storage, Self
Sec. 2.206
X
X
X
X
X
L
X
L
X
Storage Yard
Sec. 2.206
X
X
X
X
X
L
X
L
L1
Vehicle Wrecking and Salvage Yard; Junkyard
Sec. 2.206
X
X
X
X
X
X
X
C
X
Warehousing and Logistics
Sec. 2.206
X
X
X
X
X
X
X
L
X
Waste Transfer Station/ Recycling Collection Facility
Sec. 2.206
X
X
X
X
X
X
X
L
L
Transportation Uses
Airport
N/A
X
X
X
X
X
X
X
X
P
Helistop
Sec. 2.207
C
X
X
X
X
C
C
C
C
Parking, Stand-Alone
Sec. 2.207
X
X
X
X
X
P
L
P
P
Rail Yard
Sec. 2.207
X
X
X
X
X
X
X
C
X
Utility Uses
 
 
 
 
 
 
 
 
 
 
Power Generation, Small-scale (Renewable; Noncombustible)
Sec. 2.208
P
L
L
X
X
L
L
L
P
Power Generation, Utility-scale
Sec. 2.208
X
X
X
X
X
X
X
C
X
Public Utilities
N/A
P
P
P
P
P
P
P
P
P
Wireless Telecommunication Facility (WTF) Uses
WTF, Attached
Sec. 2.209
L
L
L
L
L
L
L
L
L
WTF, Freestanding Non-Stealth
Sec. 2.209
C
X
X
X
X
C
C
C
C
WTF, Freestanding Stealth
Sec. 2.209
L
L
L
L
L
L
L
L
L
TABLE NOTES:
N/A - Not Applicable
1.
These allowances are to accommodate functions or actions related to the public provisions of services (e.g., conversion or composting of vegetative material from public property into a usable product for citizen pickup and use, storage of government vehicles and equipment, and government recycling centers, etc.).
(Ordinance 2015-30 adopted 10/30/15)
Set out in Table 2.106, Temporary Uses, are the temporary uses that are allowed in each zoning district.
Table 2.106
Temporary Uses
P = Permitted Use; L = Limited Use; T = Temporary Conditional Use Permit; X = Prohibited Use
Land Use
Limited and Conditional Use Standards
Zoning Districts
Agriculture
Residential
Nonresidential
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
PR
Commercial Outdoor Sales Events and Public Special Events
Commercial Outdoor Sales Event
Sec. 2.210
X
X
X
X
X
L
L
X
X
Public Special Event
Sec. 2.210
L or T2
X
X
X
X
L or T2
L or T2
X
P
Seasonal Sales
Sec. 2.210
X
X
X
X
X
L
L
X
X
Sidewalk Sales
Sec. 2.210
X
X
X
X
X
L
L
X
X
Truckload Sales
Sec. 2.210
X
X
X
X
X
L
L
X
X
Neighborhood Events
Garage Sales
Sec. 2.210
L
L
L
L
L
L
L
L
L
Neighborhood Special Event
Sec. 2.210
L or T2
L or T2
L or T2
L or T2
L or T2
L or T1,2
L or T1,2
X
X
Construction, Storage, and Refuse Collection Uses
Asphalt or Concrete Batching Plant
Sec. 2.210
T
X
X
X
X
X
X
T
X
Model Home/ On-Site Real Estate Office
Sec. 2.210
X
L
L
X
X
X
X
X
X
Portable Storage Unit
Sec. 2.210
P
L
L
L
L
L
L
L
L
Temporary Construction Building
Sec. 2.210
P
X
X
X
X
L
L
L
L
Temporary Construction Dumpster
Sec. 2.210
P
L
L
L
L
L
L
L
L
Temporary Construction Yard
Sec. 2.210
L
X
X
X
X
X
X
L
L
TABLE NOTES:
N/A - Not Applicable
1.
These allowances are for multi-family or residential uses that may occur as part of a mixed-use development.
2.
If the attendance at a public special event or neighborhood special event is expected to be greater than 150 persons, but less than 500 persons, it requires limited use approval by the Building Official. If the attendance is expected to be greater than 500 persons, it requires a temporary conditional use permit.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The following uses are prohibited in all areas of the City.
B. 
Prohibited Uses.
1. 
Hazardous waste management facility;
2. 
Internet cafe/sweepstakes;
3. 
Mobile homes;
4. 
Rendering plants;
5. 
Solid waste facility;
6. 
Disposal of radioactive wastes;
7. 
All uses that are prohibited by local ordinance, or require the use or sale of materials that are prohibited by local ordinance; and
8. 
All uses that are prohibited by state or federal law or require the use or sale of materials that are prohibited by state or federal law.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Authorization of Proposed Use.
If a proposed use is not specified in Section 2.102, Residential and Commercial Use of the Home; Section 2.103, Institutional, Recreation and Amusement Uses; Section 2.104, Commercial Uses; or Section 2.105, Agriculture, Industrial, Transportation, Utility, and Communication Uses, and the Building Official has made a determination that the use is either a subcategory of a permitted, limited, or conditional use, or a use that is functionally similar to a permitted, limited, or conditional use, the Building Official will authorize the proposed use, and apply all standards that would have applied to the similar use.
B. 
If Not Authorized Then Prohibited.
If the Building Official determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, limited, or conditional use, then the use is a prohibited use.
C. 
Decision Criteria.
The following decision criteria shall be evaluated when the Building Official, or at the Building Official’s discretion, the Planning and Zoning Commission, decides whether a proposed use is a subcategory of, or is functionally comparable to, a permitted, limited, or conditional use:
1. 
Parking demand;
2. 
Average daily and peak hour trip generation (cars and trucks);
3. 
Impervious surface;
4. 
Regulated air or water emissions;
5. 
Noise;
6. 
Lighting;
7. 
Dust;
8. 
Odors;
9. 
Solid waste generation;
10. 
Potentially hazardous conditions, such as projectiles leaving the site;
11. 
Use and storage of hazardous materials;
12. 
Character of buildings and structures;
13. 
Nature and impacts of operation; and
14. 
Hours of operation.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Timing of Compliance.
The standards of this Division apply at the time a limited or conditional use is requested to be established in an existing or new structure, and when an existing limited or conditional use is proposed to be expanded by more than 10 percent of the existing square footage currently devoted to the use. This Division applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof. This Division also applies to all Temporary Uses as set out in Section 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Permit Standards.
B. 
Other Applicable Standards.
The standards of this Division are applied in addition to the other applicable standards of this UDC.
C. 
Procedures.
For conditional uses, the procedures set out in Section 14.402, Conditional Use Permits, apply.
D. 
Uses Not Listed.
If there are conditional uses specified in the tables of Division 2.100, Permitted, Limited, Conditional, Temporary and Prohibited Uses, that are not included in this Division, all applicable standards of this UDC and all conditions of approval that may be determined by the Planning and Zoning Commission and City Council shall apply.
E. 
Limited and Conditional Use Tables.
Section 2.202, Residential Limited and Conditional Use Standards, through Section 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Standards, contain standards that apply to each of the limited and conditional uses. The tables are interpreted as follows:
1. 
Use.
The first column, “Use,” lists the use to which the standards specified in the same row apply.
2. 
District.
The second column, “District,” lists the district in which the standards specified in the same row apply. This may mean that different standards apply to the use, depending upon the district in which it is located.
3. 
Location.
The third column, “Location,” specifies where the use may be located (e.g., in the C-2 district, residential is only allowed above a nonresidential use), or not located (e.g., a child-care family home cannot be located on an arterial street), or certain minimum spacing (e.g., 600 feet between similar uses), etc.
4. 
Design.
The fourth column, “Design,” specifies the design requirements that are specific to this use.
5. 
Other Standards.
The fifth column, “other,” specifies additional standards that are specific to the use (e.g., operational limitations, or licensing requirements, etc.).
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to residential uses that are set out in Table 2.102, Residential and Commercial Uses of the Home, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.202, Residential Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.202
Residential Limited and Conditional Use Standards
Use
District
Location
Design
Other
Cottage
NT
N/A
N/A
See Section 3.201, Established Neighborhoods and Section 3.204, Alternate Neighborhood Transition Standards.
Industrialized Housing
AG
R-1
R-2
NC
NT
N/A
All single-family detached or duplex industrial housing units shall be required to have similar exterior siding, roofing, roofing pitch, foundation fascia, fenestration, and a value equal to or greater than the median taxable value for each single-family detached dwelling unit located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county.
A. In addition to application materials required for all new housing, the Building Official shall require the following:
1. A confirmation that the proposed industrialized housing unit complies with the design standards set out in this subsection.
2. A complete set of designs, plans, and specifications bearing a stamp of approval Texas Industrialized Building Code Council.
B. To ensure compliance with designs, plans, and specifications, the following on-site inspections are required by the Building Official.
1. Confirmation that each module or modular component bears an approved decal or insignia by the Texas Department of Licensing and Regulation signifying that each module or modular component has received a post-construction inspection ensuring conformance with state-mandated building codes.
2. The construction of the foundation system; and
3. The erection and installation of the modules or modular components on the foundation.
Manufactured Home
AG
R-1
R-2
They are located within a manufactured home park or subdivision.
See Section 4.203, Manufactured Home Park or Subdivision and Section 10.103, Manufactured Home Unit Standards.
See Section 4.203, Manufactured Home Park or Subdivision and Section 10.103, Manufactured Home Unit Standards.
 
NC
NT
The use existed on the effective date of this UDC. See also Section 4.205 Manufactured Home Overlay (MHO) District.
N/A
See Section 12.107, Nonconforming Manufactured Homes.
Multi-Family
C-1
They are not located closer than 200 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street.
Apartments are allowed as follows: A. All units are accessed via interior hallways and designed and constructed with a balcony. B. The apartment building(s) shall be separated from nonresidential uses by a Type B bufferyard or a local street. See Division 7.300, Bufferyard Landscaping. C. The design of the apartment buildings shall be in conformance with Section 10.102, Multi-Family Design Standards.
N/A
 
C-2
N/A
Apartments are allowed as follows:
A. They are integrated into mixed-use buildings and located above the ground floor.
B. All units are accessed via interior hallways and designed and constructed with a balcony.
C. The design of the apartment buildings shall be in conformance with Section 10.102, Multi-Family Design Standards.
D. Vehicular access to the units is provided via an alley, parking structure, or parking court.
E. Parking is in a parking lot or parking structure behind or underneath the building.
N/A
Single-Family Attached
R-1
R-2
They are not located closer than 150 feet to NC subdistrict boundaries, unless separated from such subdistrict by a collector or arterial street.
A. Within the allowable neighborhood types, they are separated from single-family detached dwellings by a Type A bufferyard or a local street. See Division 7.300, Bufferyard Landscaping.
B. Townhouses if provided, are constructed in groups of not less than four and not more than six units.
N/A
 
NT
N/A
A. Duplexes, if provided, are limited to side-by-side duplexes.
B. Townhouses if provided, are constructed in groups of seven.
See Section 3.204, Generalized Standards for Neighborhood Transition.
 
C-2
N/A
In the C-2 district, live-work units are the only single-family attached housing type allowed. The units shall comply with the following:
A. Each unit must be designed with an external appearance as a residence rather than a commercial business.
B. Vehicular access to the units must be provided via an alley, parking structure, or parking court.
C. A single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling.
D. The area devoted to work does not exceed 25 percent of the total habitable area of the unit.
In the live-work unit, employees are limited to the person who owns the property, or the immediate family living and working within the dwelling unit.
Single-Family Detached
C-1
C-2
The use existed on the effective date of this UDC.
N/A
N/A
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-13, sec. 3, adopted 7/19/16)
A. 
Generally.
The standards of this Section apply to commercial uses of the home that are set out in Table 2.102, Residential and Commercial Uses of the Home, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.203, Commercial Use of the Home Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.203
Commercial Use of the Home Limited and Conditional Use Standards
Use
District
Location
Design
Other
Bed & Breakfast Home or Inn (overnight accommodations)
NC
NT
C-1
C-2
On a property that has received a Bed and Breakfast Home or Inn Conditional Use Permit from the Planning and Zoning Commission and City Council, See, Sec. 14.402 Conditional Use Permits
See Sec. 4.206 Bed and Breakfast Home or Inn
See Sec. 4.206 Bed and Breakfast Home or Inn
Child-Care, Family Home
R-1
R-2
NC
NT
A. Limited to single-family detached buildings that meet all of the standards of this UDC.
B. The family home is not located on an arterial street.
C. There is no other family home or group home located on the same street segment that terminates in a dead-end or cul-de-sac.
D. The family home is a minimum of 600 feet from any other family home and 750 feet from a group home, measured along a straight line from the closest lot lines.
A. There is at least 100 square feet of open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least six feet.
B. Signage will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that must be affixed securely and flat against the street-facing facade of the dwelling. C. There is adequate space on-site for temporary parking and drop-off and pickup during peak times.
A. The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
B. No more than one person other than members of the immediate family residing in the dwelling unit will be employed on the site of the home-based business.
 
C-1
C-2
In addition to the requirements for R-1, R-2, NC, and NT districts (above), family homes in nonresidential districts are limited to single-family detached dwellings that existed on the effective date of this UDC.
Same as R-1, R-2, NC, and NT provisions above.
Same as R-1, R-2, NC, and NT provisions above.
Child-Care Facility, Group Home or Child-Care Facility, Residential (other)
R-1
R-2
NC
NT
C-1
C-2
Same provisions as for child-care, family home, except that a child-care facility, group home shall be located a minimum of 1,000 feet from any other group home and 750 feet from a family home, measured along a straight line from the closest lot lines.
Same provisions as for a child-care, family home, above.
Same provisions as for a child-care, family home, above.
Home Occupation
R-1
R-2
NC
NT
C-2
N/A
A. There is no exterior indication of the home occupation, except that a single unlighted placard with a maximum size of two square feet may be affixed securely and flat against the street-facing facade of the dwelling.
A. The home occupation shall be owned and operated by the person, or the immediate family, living and working within the dwelling unit.
B. No entrance is specifically dedicated for the home occupation, unless otherwise required by law.
B. The home occupation shall be carried on wholly within the principal dwelling unit or in an accessory building or structure.
C. No external alterations or construction or reconstruction of the dwelling unit on the lot to accommodate the home occupation is permitted.
C. There shall be no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation that is visible from the exterior of the dwelling unit.
D. Not more than 25 percent of the gross floor area of the dwelling unit, or 400 square feet, whichever is less, shall be devoted to a home occupation, excluding the floor area of an attached or detached garage or an accessory dwelling unit. The maximum floor area shall apply to any accessory buildings or structures used as part of the home occupation.
D. The home occupation will not create or cause any perceptible noise, odor, smoke, heat, dust, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.
E. The home occupation shall not create any increase in vehicular flow or parking by more than two additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.
F. Home occupations are not allowed in multi-family dwelling units.
G. The following home occupations are prohibited:
1. Child-care facilities with greater than 10 children;
2. Vehicle sales, repair, or service, including painting of vehicles and boats; and
3. Private schools.
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-25, sec. 3, adopted 1/11/17)
A. 
Generally.
The standards of this Section apply to institutional uses that are set out in Table 2.103, Institutional, Recreation and Amusement Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.204, Institutional Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.204
Institutional Limited and Conditional Use Standards
Use
District
Location
Design
Other
Assisted Living Facility
R-1
R-2
NC
NT
C-2
Assisted living facility uses are allowed in the R-1, R-2, NC, NT, and C-2 districts only as an accessory use of a place of public assembly that is in conformance with all the provisions of this UDC.
N/A
The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Child-Care Facility, Day-Care
C-1
C-2
N/A
A. The facility shall be located on and have access to a collector or arterial street.
B. The facility shall have at least one building entrance dedicated solely for its use.
The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
C. Outdoor activities shall be:
1. Located a minimum of 100 feet from any residentially used or zoned property (measured along a straight line from the closest lot lines) or separated by a Type B bufferyard or other one-story buildings (if child-care center is located on the interior of a multi-tenant complex);
2. Screened by a secure masonry wall, fence, or evergreen hedge no less than five feet in height and maintained in good condition; and
3. Used only between the hours of 7:30 AM and 6:00 PM.
Medical Office/ Clinic/ Medical Lab
PR
N/A
N/A
Medical offices, clinics, and medical labs that are operated by a governmental entity (e.g., Cuero-DeWitt County Health Department) are allowed in the PR district.
Nursing/ Convalescent Home
R-1
R-2
NC
NT
C-2
Nursing/convalescent home facility uses are allowed in the R-1, R-2, NC, NT, and C-2 districts only as an accessory use of a place of public assembly that is in conformance with all the provisions of this UDC.
N/A
The operator for the use meets all certification, licensing, and/or monitoring requirements of the state.
Place of Public Assembly
R-1
R-2
N/A
A. The use has a minimum site area that is three times the minimum lot size of the respective district.
N/A
B. The parcel proposed for development is located along and arterial or collector street.
C. Parking shall be:
1. provided on-site without requiring parking on contiguous or noncontiguous parcels.
2. conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
 
NC
NT
The use existed as a place of public assembly on the effective date of this UDC.
The parcel proposed for development is located along and [an] arterial or collector street.
The existing use may be expanded on-site or to abutting lots if:
A. The expansion will allow the use to take access from an arterial or collector street;
B. The owner of the property also owned the abutting lot onto which the expansion is proposed on the effective date of this UDC.
C. The expansion will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless an equivalent buffer is already provided. See Division 7.300, Bufferyard Landscaping.
 
C-2
N/A
Parking shall be:
A. Be accommodated through on-lot, on-street, or private off-street parking (via ownership or private agreements) within 300 feet of the place of public assembly; and
N/A
B. Not place material demands upon the on-street or public parking during peak demand hours for retail, restaurant, and other commercial uses.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to commercial uses that are set out in Table 2.104, Commercial Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.205, Commercial Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.205
Commercial Limited and Conditional Use Standards
Use
District
Location
Design
Other
Animal Boarding and Veterinarian Services, Large Animal
C-1
No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, child-care facility, or public park (except a dog park).
A. The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
B. There will be no outdoor livestock pens.
N/A
 
I-1
 
Outdoor livestock pens:
A. Will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals; and
B. Shall be set back at least 50 feet from all lot lines and are allowed only to the rear of the use, provided that the abutting property is zoned AG, C-1, or I-1.
 
Animal Boarding and Veterinarian Services, Small Animal
C-2
No boarding facility or dog runs shall be located within 100 feet from any lot line or within 300 feet of any type of public or private school, child-care facility, or public park (except a dog park).
The use is conducted within a fully enclosed building, which is designed with noise resistant materials. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.
No livestock or large animals will be boarded, treated, or kept on the premises.
 
C-1
I-1
 
Outdoor dog runs and animal exercise areas will be screened by a Type C bufferyard around the facilities or at the property lines so as to prevent distracting or exciting the animals. See Division 7.300, Bufferyard Landscaping.
 
Drive-In, Drive-Through Facility
C-1
C-2
A. Drive-in, drive-through facilities are permitted only as an accessory use to a principal use (e.g., restaurant or bank).
B. The facility shall take access from an arterial or collector street.
A. The drive-in, drive-through facility shall not be located within the front yard.
B. Ordering stations facing abutting residentially zoned or used property shall be buffered with a 5 to 6 foot high masonry wall and landscaping.
N/A
 
PR
N/A
 
Drive-in and drive-through uses are allowed to accommodate functions or actions related to the public provisions of services (e.g., bill payment window at a government office, etc.).
Heavy Retail/Home Center
C-1
The facility shall take access from an arterial or collector street.
Outdoor display areas:
A. Cannot be larger than 30 percent of the footprint of the principal building.
B. Must be enclosed by a structure that screens the merchandise.
C. The display of goods, materials, and merchandise will not be in parking areas or reduce the minimum required parking or loading for the use.
N/A
 
I-1
N/A
A. The use involves the sale of a single category of merchandise and is characterized by one or more of the following:
1. Outdoor displays that are larger in area than the footprint of the principal building;
2. The sale of goods that are manufactured on-site.
N/A
B. Permitted examples include:
1. Permanent retail operations that are located outside of enclosed buildings;
2. Lumber and other building materials; or
3. Lawn, garden equipment, and related supplies stores.
C. Prohibited examples include: warehouse clubs, super stores, and home centers.
Overnight Accommodations (hotels, motels)
C-1
C-2
The minimum area of the parcel proposed for development is three acres.
N/A
N/A
Vehicle Gas or Fueling Station
AG
C-1
I-1
N/A
The use shall not be located within:
A. the 100-year or 500-year floodplain.
B. 200 feet of a wetland, waterbody (except detention or retention with treatment), or permitted potable water well.
N/A
 
PR
N/A
 
The use is allowed to accommodate functions or actions related to the public provisions of services (e.g., fuel pumps or vehicle repair for government vehicles, etc.)
Vehicle Sales, Rental, and Service
C-1
I-1
N/A
A. All outdoor display areas for rental or sales of vehicles shall:
1. Be located on an approved hard surface;
2. Be located in areas that are outside of the minimum required parking spaces for the use;
N/A
3. Be located outside of the right-of-way; and
4. Include no more than one elevated display which raises the vehicle no more than three feet off the ground.
B. Accessory uses and structures, such as vehicle wash facilities and their incidental functions (e.g., vacuums and air compressors) are set back a minimum distance of 50 feet from all rear and side yards of residentially zoned or used property and public rights-of-way.
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to industrial uses that are set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.206, Industrial Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.206
Industrial Limited and Conditional Use Standards
Use
District
Location
Design
Other
Heavy Industry
I-1
The use shall be spaced, measured along a straight line from the closest lot lines from residentially zoned or used property, places of public assembly, child-care facilities, hospitals, private and public schools, at least:
A. 300 feet, if the area of the use is 7,500 sf or less, unless the use involves a material risk of explosion or toxic air emissions;
B. 1,000 feet, if the area of the use is larger than 7,500 sf or the use involves a material risk of explosion or toxic air emissions.
Outdoor storage areas are located at least 150 feet from arterial streets or buffered from such streets by a Type C bufferyard.
N/A
Mining/ Extraction
AG
I-1
A. The use shall be spaced, measured along a straight line from the closest lot lines, from residentially zoned or used property, places of public assembly, child-care facilities, hospitals, private and public schools, colleges, universities, and vo-tech at least 1,000 feet.
B. Extraction uses are prohibited in areas that are within a cone of influence around a wellhead.
A. The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress. The bufferyard shall include a berm. Noise studies shall be conducted to establish the minimum required berm height, based on the equipment operated at the site. The berm shall ensure that noise is not generated at a level greater than 55 dBA at the lot line.
B. Any processing which results in waste materials shall provide information about the pollution potential of the waste materials. The City shall deny any plans that have a substantial risk of polluting ground or surface waters due residual or waste materials from extraction.
Extraction uses shall restrict hours of operation to 7:00 AM to 6:00 PM, weekdays.
Oil/Gas Operations
AG
I-1
N/A
The use (including drilling) shall be surrounded by a Type C bufferyard, which shall be sufficient to screen operations within 45 days of production.
See Chapter 153, Oil and Natural Gas Well Drilling and Operations, [Article 5.09] of the Cuero Code of Ordinances.
Storage, Self
C-1
I-1
The minimum size of a self-storage facility is one acre.
A. No storage buildings may open into required front yards adjacent to public street right-of-way or any abutting district.
B. All driveways within the facility shall provide an improved hard surface with a minimum width of 30 feet.
C. Fencing and gates will be constructed of decorative metal. Barbed wire and chain-link fencing will not be installed, unless not visible from any property line.
D. The use shall be surrounded by a Type C bufferyard, except at points of ingress and egress.
A. Activities within the facility shall be limited to the rental of storage cubicles or garages and the administration and maintenance of the facility.
B. All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
Storage Yard
C-1
I-1
N/A
The storage yard shall be enclosed by a Type A bufferyard that includes a fence to provide security, provided, however, that the bufferyard requirements set out in Division 7.300, Bufferyard Landscaping, may require a more restrictive bufferyard.
A. Storage yards shall only be used to store operable equipment and construction materials.
B. Liquids, gels, and pastes (e.g., paints, sealers, etc.) shall be stored only in enclosed buildings.
C. Storage yards shall not be used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted.
D. C-1 District: Parking of trucks shall be limited to vehicles of not over one and one-half ton capacity.
Vehicle Wrecking and Salvage Yard; Junkyard
I-1
The use shall have access to an arterial or collector street.
The use shall be enclosed on all sides by a Type C bufferyard that includes a structure.
Wrecked cars shall not be stacked such that they are visible from lot lines or public rights-of-way.
Warehousing and Logistics
I-1
The use is not allowed on property that is located within 300 feet of any residentially zoned or used property, measured along a straight line from the closest lot lines.
Loading bays shall be located behind the principal building unless it is demonstrated that:
A. Front-facing bays would have less impact on the function of the surrounding land uses; and
B. The front property line is buffered with a Type A bufferyard.
The use does not involve hazardous materials or wastes.
Waste Transfer Station/ Recycling Collection Facility
I-1
The use shall be located so that its truck traffic can access a paved arterial street without need to use a local road that traverses a residential district.
The use shall be enclosed by a Type A bufferyard that includes a fence to provide security, provided, however, that the bufferyard requirements set out in Division 7.300, Bufferyard Landscaping, may require a more restrictive bufferyard.
The applicant shall demonstrate compliance with any state regulation based on the type and scale of facility proposed.
 
PR
N/A
 
The use is allowed to accommodate functions or actions related to the public provisions of services (e.g., recycling drop-off centers, etc.).
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to transportation uses that are set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.207, Transportation Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.207
Transportation Limited and Conditional Use Standards
Use
District
Location
Design
Other
Helistop
AG
C-1
C-2
I-1
PR
A. In general, helistops that are located on platforms or buildings, but are closer than 48 feet to ground level shall be spaced:
1. At least 500 feet (horizontal distance) from single-family detached and single-family attached residential uses and all types of public and private schools.
2. At least 300 feet (horizontal distance) from multi-family uses.
B. Helistops that are anticipated to conduct more than two flight operations per day shall add 100 feet to each of the spacing requirements set out in subsection 1.a. [sic], above.
A. Helistops shall be designed according to the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2C, dated April 24, 2012, as may be amended or supplemented from time to time; and shall meet all Federal Aviation Administration requirements. Compliance with these standards shall be demonstrated to the City.
B. In general, helistops shall be set back 250 feet from lot lines. Setbacks shall be increased if necessary to accommodate all required safety zones on the parcel proposed for development.
A. Applications for construction of a heliport or helistop shall include a determination by the Federal Aviation Administration of “no objection” or “conditional,” pursuant to 14 CFR Section 157.7, FAA Determinations. If the determination is “conditional,” then the applicant shall demonstrate how the conditions will be met.
B. In the interest of public safety, police stations, fire stations, hospitals, and trauma centers may be developed with an accessory helistop, subject to the design standards of this subsection (at left).
C. Nothing in this subsection shall be construed to prohibit or limit the ability of an emergency services helicopter from landing or taking off as part of an emergency response or for special events normally associated with the use of helicopters.
Parking, Stand-Alone
C-2
N/A
Stand-alone parking lots in the C-2 district shall be:
A. Structured; or
B. Not larger than 30 spaces, and are:
1. Accessed from alleys; or
2. Spaced from each other so that there is not more than one parking lot per block.
C. This does not apply to City-owned, maintained, and managed parking lots.
They are an existing use on the effective date of this UDC.
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to utility uses that are set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Standards.
Set out in Table 2.208, Utility Limited and Conditional Use Standards, are the standards that apply to each use.
Table 2.208
Utility Limited and Conditional Use Standards
Use
District
Location
Design
Other
Power Generation, Small-scale (Renewable; Noncombustible)
R-1
R-2
A. Residential Developments.
1. The use must be located in an area that is:
a. 10 acres or less in size (which may include up to 10 percent of the area of required open space);
b. Owned by the property owners’ association; and
2. The system must be provided for the benefit of the property owners who are members of the association.
B. Nonresidential and Mixed Uses. Rooftops, covered walkways, and covered parking spaces on parcels used for nonresidential purposes may be used for small scale power generation with solar arrays.
N/A
All small-scale power generation facilities must be grid-connected.
 
C-1
C-2
Small scale power generation using solar arrays is allowed in the C-1 and C-2 districts on rooftops, covered walkways, and covered parking spaces.
N/A
 
 
I-1
Small scale power generation using solar arrays is allowed in the I-1 district:
A. On rooftops, covered walkways, and covered parking spaces; and
B. On ground-mounts, provided that the facility is set back 100 feet from arterial rights-of-way or a Type B or higher (more opaque) bufferyard and/or buildings screens the facility from arterial rights-of-way. See Division 7.300, Bufferyard Landscaping.
N/A
 
Power Generation, Utility-scale (Renewable; Noncombustible)
C-1
The use is allowed if the power is generated by solar arrays that are mounted on nonresidential rooftops and/or over parking spaces.
N/A
N/A
TABLE NOTES:
N/A - Not Applicable.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to communication uses that are set out in Table 2.105, Agriculture, Industrial, Transportation, Utility and Communication Uses, as a limited (L) or conditional (C) use, and are subject to the provisions set out in Section 2.201, Limited and Conditional Uses, Generally.
B. 
Locations.
1. 
Stealth Freestanding Communications Facilities.
Stealth freestanding communications facilities are permitted in all districts if it is demonstrated that the principal use of the property is a multi-family, institutional, or other nonresidential use.
2. 
Non-Stealth Freestanding Communications Facilities.
Non-stealth freestanding communications facilities are permitted in the AG, C-1, C-2, I-1, and PR districts if it is demonstrated that the carrier has reasonably explored the use of co-locating on existing communications facilities within a one-mile radius of the proposed site and determined that said facilities are not feasible or appropriate, and justification of the need for the proposed freestanding facility and the height of the facility is provided.
3. 
Attached Communications Facilities.
Attached communication facilities shall only be permitted on commercial, industrial, agricultural, multi-family, institutional, or publicly owned buildings, or public utility structures.
C. 
Design and Landscaping Standards.
The following design and landscaping standards apply to all wireless telecommunications facilities.
1. 
Requirements for All Facilities.
a. 
Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area. This may be accomplished through the use of compatible architectural elements such as materials, color, texture, scale and character.
b. 
All ground based equipment must be screened by a solid fence or screen wall six feet in height and surrounded by a Type B bufferyard around the perimeter of the lease area pursuant to Division 7.300, Bufferyard Landscaping. This requirement shall be waived in areas where buildings or other structures provide the same or better screening effect. Existing landscaping adjacent to the perimeter of the lease area may be applied towards the minimum planting requirements provided that the plant material meets the requirements of Section 7.104, Selection of Plant Material.
c. 
All ground-based equipment shall meet the setbacks applicable to principal structures in the zoning district, unless an alternative setback is established for a stealth freestanding facility per this Section.
d. 
The use of any portion of a wireless telecommunications facility for signs, with the exception of safety, identification, and notification information as may be required by the FCC or other governmental authority, is prohibited.
e. 
Security lighting may be provided to the extent that it does not substantially affect abutting properties in an adverse manner. Artificial lighting mounted on freestanding facilities shall be limited to mandatory safety lighting required by federal aviation authorities or other authorities with jurisdiction over communication structures.
f. 
Facilities are permitted within the public right-of-way, subject to the execution of a lease agreement with the City (or other applicable jurisdiction) and is co-located on a traffic light pole, streetlight standard, or other vertical infrastructure is encouraged.
g. 
All new wireless telecommunications facilities shall be designed structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is more than 100 feet in height and for at least one additional user if the tower is more than 60 feet in height but less than 100 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the City. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the City for tower erection.
2. 
Additional Requirements for Attached Facilities.
a. 
Where possible, attached facilities shall be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color and reasonably screens the facility from ground level view.
b. 
Roof-mounted facilities (the antenna, together with antenna support structures and screening) shall not project more than 10 feet higher than the roof line of a building and can exceed the maximum height limitations of the zoning district by the same.
c. 
Facade mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
3. 
Additional Requirements for Freestanding Facilities.
a. 
Setbacks.
i. 
Towers shall be sited within the rear yard unless located on a vacant lot or parcel.
ii. 
The height of the tower shall be measured from the floor of the base pad to the top of the tower.
iii. 
Setback requirements shall be measured from the base of the tower to the nearest boundary line of the tract of land on which it is located.
iv. 
Monopole type towers shall provide a minimum setback in excess of 10 percent of the tower’s designed fail area.
v. 
Guyed and lattice type towers shall provide a minimum setback in excess of 25 percent of the tower’s designed fail area.
b. 
Height.
No tower shall exceed 200 feet in height.
c. 
Separation.
New towers shall meet the following minimum separation requirements from other towers:
i. 
Monopole tower structures shall be separated from all other towers whether monopole, self-supporting lattice, or guyed towers by a minimum of 750 feet.
ii. 
Self-supporting lattice or guyed towers shall be separated from all other self-supporting lattice or guyed towers by a minimum of 1,500 feet.
d. 
Notice.
New towers that exceed the maximum height of the zoning district require notification to the Federal Aviation Administration (FAA) due to the proximity of the Cuero Municipal Airport.
D. 
Submittal Requirements.
All of the following documentation shall be provided for all proposed wireless telecommunications facilities:
1. 
Site Plan.
A site plan showing:
a. 
The location and legal description of the site;
b. 
On-site land uses and zoning;
c. 
Adjacent roadways;
d. 
Parking and access;
e. 
Areas of vegetation and landscaping to be added;
f. 
Setbacks from property lines; and
g. 
The location of the facility, including all related improvements and equipment.
2. 
Vicinity Map.
A vicinity map showing abutting properties, land uses, zoning and roadways within one mile of a proposed wireless telecommunication facility.
3. 
Elevation Drawings.
Elevation drawings of the proposed facility showing all antennas, towers, tower heights, structures, existing buildings, walls and/or roofs on which antennas are mounted, equipment buildings/cabinets, fencing, screening, lighting and other improvements related to the facility showing specific materials, placement and colors.
4. 
Technical Report.
A narrative report describing the facility and the technical, economic, and other reasons for its design and location, the need for the facility and its role in the network, and describing the capacity of the structure, including the number and type of antennas it can accommodate.
5. 
Coverage Map.
A coverage map and a survey of existing towers including type and location and a statement to demonstrate the need for the new tower and supporting documentation as to why co-location is not possible on an existing tower in the area.
6. 
Co-Location Statement.
A letter of intent to allow co-location on the antenna support structure.
7. 
Removal Statement.
A letter of intent to remove the facility at the expense of the facility operator and/or property owner if it is abandoned.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The standards of this Section apply to temporary uses as set out in this Section.
B. 
Standards for All Temporary Uses.
All temporary uses, unless exempted in subsection B.1., below, shall be reviewed for compliance with the following criteria:
1. 
Exemptions.
a. 
Special events in athletic stadiums and City parks;
b. 
City-sponsored Farmers’ Market or other special events held within the public rights-of-way or on City-owned property;
c. 
Garage sales, although garage sales shall comply with subsection C., below;
d. 
Portable storage units, although portable storage uses shall comply with subsection C., below; or
e. 
Public special events where the expected attendance is less than 150 persons.
2. 
Temporary Use Permit.
A temporary use permit, as set out in Section 14.304 [14.302E], Temporary Use Permit, is required for all temporary uses, unless exempted.
3. 
Traffic Circulation.
a. 
The temporary use shall have adequate sight distances for safe vehicular ingress and egress in conformance with the corner clearance standards set out in Section 5.302 [sic], Access Spacing and Corner Clearance.
b. 
If deemed necessary by the Building Official, property access shall be controlled by special traffic personnel paid for by the applicant. Prior to receiving a permit, the applicant must provide written communication from the Police Department indicating adequate provisions have been made.
4. 
Public Convenience and Litter Control.
Temporary uses that generate litter shall comply with the following:
a. 
Adequate on-site restroom facilities shall be required to serve the expected attendance at the event at a rate of one toilet and one urinal per 50 expected attendees.
b. 
Trash containers and recycling bins shall be placed in convenient areas including:
i. 
Near principal places of assembly;
ii. 
Near food and beverage vendors;
iii. 
Near restrooms; and
iv. 
At entry and exit points.
c. 
All litter generated by the event shall be removed, at no expense to the City, within 12 hours after the closing on the last day of the event. Litter cleanup shall extend into the adjoining public rights-of-way.
5. 
Signs.
a. 
A sign permit is not required; however, the Building Official shall review and approve all signage. The Building Official may approve signs up to 50 percent larger than would be permitted in Article 9, Signs, and may also approve attention-getting devices such as flags. The number, type, and size of signs and attention-getting devices shall be determined using the following criteria:
i. 
The need for obvious way-finding information, based on the location of the event and its likelihood of attracting visitors who are unfamiliar with the area, who may lose their way or become confused if signs are limited to the sign area otherwise allowed by this UDC.
ii. 
The type, length, and scale of the proposed event or use.
iii. 
Sight distances, other signage in the area or on the property, sidewalks, traffic volumes, and travel speed of the street upon which the signage is proposed to be posted.
iv. 
Other lighting in area, neighboring uses, ambient light intensity, and glare potential.
v. 
Logical travel routes to the site.
b. 
All signs shall be removed when the event ends.
6. 
Standards.
All temporary uses shall comply with the applicable standards as set out in subsection C., Standards for Specific Temporary Uses.
7. 
Additional Conditions.
The Building Official, in coordination with other City staff or officials as may be necessary, may establish additional conditions that are desirable to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City as a whole. These may include, but are not limited to, the following:
a. 
Modification or restrictions on hours of operation or duration of the event.
b. 
Posting of a performance bond to ensure cleanup and removal of signage.
c. 
Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event. This may also include liability insurance.
d. 
The Building Official may refuse to issue a permit if the event is too large to be safe for the site, neighborhood, street, or other infrastructure, or may place limits on attendance to ensure it can be properly managed.
C. 
Standards for Specific Temporary Uses.
Temporary uses specified in Table 2.106, Temporary Uses, as a limited use (L) or as a temporary conditional use permit (T), are subject to the standards of Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses, in addition to the other applicable provisions of this UDC.
Table 2.210A
Limited and Conditional Use Standards for Specific Temporary Uses
Temporary Use
Location of Use
Hours of Use
Operational Limitations
Duration of Use
Commercial Outdoor Sales Events and Public Special Events
Commercial Outdoor Sales Events; Seasonal Sales; Sidewalk Sales; Truckload Sales
In all districts: Allowed only as an accessory use to the principal commercial or retail use and in areas designated on the approved site plan of the temporary use permit. In the Central Business District (C-2): All events shall occur on-site or on the public or private sidewalk. In all other nonresidential districts: All events shall be located at least 10 ft. from public rights-of-way, 25 ft. from residentially zoned or used lots or parcels.
In the C-2 district: The hours of use are limited to the normal hours of operation for commercial or retail businesses. In all other nonresidential districts: The hours of use are limited to the normal hours of operation of the principal commercial or retail use on the lot or parcel. In all residential districts: The hours of use are limited to 7:00 AM to 8:00 PM.
In all districts: All events shall occur on an improved hard surface. The area used for sale of merchandise shall not exceed more than 10 percent of the parking lot (if applicable) and there shall be at least four ft. of unobstructed sidewalk width during any sidewalk sales event.
See subsection D., Frequency and Duration of Commercial Outdoor Sales Events of this Section.
Public Special Events
The size of the site shall be large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure.
In accordance with the temporary use permit approval.
The Building Official shall review electric and lighting facilities for electrical code compliance and compliance with the standards for lighting set out in Division 5.300, Lighting, prior to issuing a temporary use permit for the special event.
Shall not be held on a lot or parcel more than two times per calendar year, and shall be limited to no more than four consecutive days, not including set-up and tear-down, unless approved by the Building Official.
Neighborhood Events
Garage Sales
On lot or parcel set back at least 10 ft. from all lot lines.
7:00 AM to 8:00 PM.
The type and quantity of merchandise that may be sold is limited to that normally found in a residential household. All garage sale signs shall be removed when the garage sale ends.
See Chapter 101, Garage Sales, [Article 5.02] of the Cuero Code or Ordinances.
Neighborhood Special Events
Neighborhood special events or community garage sales that involve a consolidation of merchandise and sale from a common area or open space (rather than from an individual home), shall meet the standards set out in Commercial Outdoor Sales Events and Public Special Events subsection, above.
Bed and Breakfast Home – Special Event Permit
Private events for groups of 20 persons or more pursuant to Sec. 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Standards
On a property that has received a Bed and Breakfast Home Conditional Use Permit from the Planning and Zoning Commission and City Council, See Sec. 14.402, Conditional Use Permits.
Determined by the Building Official under the conditions of a Special Event Permit application to include, but not be limited to, the Cuero Code of Ordinances, Chapter 98 [Article 7.05], Litter Control Sec. 98.16 [Sec. 7.05.002] and Noise Secs. 98.60-98.62 [Secs. 8.04.002-8.04.004] and Sec. 98.65 [Sec. 8.04.001].
The Building Official shall consider, but not be limited to, occupancy and parking capacity, fire and safety compliance. Establishment owners shall comply with all requirements of the Texas Administrative Code, Title 25 Health Services, Part 1 — Department of State Health Services Chapter 228 — Retail Food, Subchapter H — Requirements Applicable to Certain Establishments, Rule Sec. 228.223 — Bed and Breakfast.
Determined by the Building Official under the conditions of a Special Event Permit application to include, but not be limited to, the Cuero Code of Ordinances, Chapter 98[Article 7.05], Litter Control Sec. 98.16 [Sec. 7.05.002] and Noise Secs. 98.60-98.62 [Secs. 8.04.002-8.04.004] and Sec. 98.65 [Sec. 8.04.001].
Bed and Breakfast Inn — Special Event Permit
Private events for groups of 40 persons or more pursuant to Sec. 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Standards.
On a property that has received a Bed and Breakfast Inn Conditional Use Permit from the Planning and Zoning Commission and City Council, See Sec. 14.402, Conditional Use Permits.
Determined by the Building Official under the conditions of a Special Event Permit application to include, but not be limited to, the Cuero Code of Ordinances, Chapter 98, [Article 7.05], Litter Control Sec. 98.16 [Sec. 7.05.002] and Noise Secs. 98.60-98.62 [Secs. 8.04.002-8.04.004] and Sec. 98.65 [Sec. 8.04.001].
The Building Official shall consider, but not be limited to, occupancy and parking capacity, fire and safety compliance.
Establishment owners shall comply with all requirements of the Texas Administrative Code, Title 25 — Health Services, Part 1 — Department of State Health Services Chapter 228 — Retail Food, Subchapter H — Requirements Applicable to Certain Establishments, Rule Sec. 228.223 — Bed and Breakfast.
Determined by the Building Official under the conditions of a Special Event Permit application to include, but not be limited to, the Cuero Code of Ordinances, Chapter 98[Article 7.05], Litter Control Sec. 98.16 [Sec. 7.05.002] and Noise Secs. 98.60-98.62 [Secs. 8.04.002-8.04.004] and Sec. 98.65 [Sec. 8.04.001].
Temporary Construction, Storage, and Refuse Collection Uses
Asphalt or Concrete Batching Plant
Not less than 500 ft. from any residential property.
8:00 AM to 8:00 PM if within 1,000 ft. of residential property; or 6:00 AM to 10:00 PM in all other locations.
The facility shall be used only for a project within the City of Cuero.
Established by approval to coincide with the use of the facility for a specified construction project. Shall be removed upon project completion.
Model Homes and On-Site Real Estate Offices
On lot or parcel proposed for development.
Not limited.
Sales limited to units located on the lot or parcel proposed for development; sales offices within model homes shall meet applicable building code criteria.
On-site real estate offices shall be removed upon completion of model home or suitable permanent floor area on-site; shall be removed by issuance of last certificate of occupancy for development.
Portable Storage Units
On lot or parcel served by portable storage unit. No encroachment into setbacks or over sidewalks is permitted.
On nonresidential parcels, must be located behind principal building.
Not limited.
Not limited.
Three days if located in a residential driveway; three months if located behind principal building and screened from view from public rights-of-way and residential property.
Temporary Construction Buildings
On lot or parcel proposed for development set back at least 10 ft. from all lot lines.
Not limited. However, the building may not be used as a residence.
May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.
Shall be removed prior to the issuance of a certificate of occupancy for the last building as detailed on the site plan.
Temporary Construction Dumpsters
On lot or parcel using dumpster, set back at least 10 ft. from the lot line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.
Not limited.
Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or wildlife.
If used for construction or renovation, may remain in place for one week after project completion. If used for other purpose, 10 days.
Temporary Construction Yard
Within one-half mile of the construction to which the construction yard relates.
8:00 AM to 8:00 PM if within 1,000 ft. of residential property; or 6:00 AM to 10:00 PM in all other locations.
The facility shall be used only for a construction site within the City of Cuero or an infrastructure project that is wholly or partially located in the City of Cuero.
Established by approval; to coincide with the use of the facility for a specified construction project.
D. 
Frequency and Duration of Commercial Outdoor Sales Events.
The maximum frequency and maximum duration of commercial outdoor sales events are set out in Table 2.210B, Frequency and Duration of Commercial Outdoor Sales Events. E/D refers to the maximum number of events/days that are allowed per calendar year. For example, if E/D is 2/6, then not more than two events are allowed per year, totaling not more than 6 days (e.g., two 3-day events, or one 6-day event, etc.).
Table 2.210B
Frequency and Duration of Commercial Outdoor Sales Events
Zoning District
AG
R-1
R-2
NC
NT
C-1
C-2
I-1
Maximum - (E/Y = events/yr.; D/Y = total days/yr.)
E/D
E/D
E/D
E/D
E/D
E/D
E/D
E/D
Commercial Event
Commercial Outdoor Sales Event1
X
X
X
X
X
4/12
6/18
X
Seasonal Sales1
X
X
X
X
X
2/60
2/60
X
Sidewalk Sales1
X
X
X
X
X
26/52
26/52
X
Truckload Sales
X
X
X
X
X
3/9
3/9
X
TABLE NOTES:
1.
Individual businesses may hold commercial outdoor sales events, seasonal sales, and sidewalk sales in the Central Business District (C-2) district without an individual permit during established days and times of the City-sponsored Farmers’ Market or other City-sponsored special events.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-25, sec. 4, adopted 1/11/17)