A. 
Generally.
It is the policy of the City that this Section be applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted on the subject property by this UDC. The City may require modifications to proposed subdivision plats or site plans that otherwise conform to the standards of the UDC in order to enhance the quality of the design in accordance with the qualitative principles of this Section. The standards of this Section shall be applied and interpreted in the context of the other applicable standards that are set out in other Articles of this UDC.
B. 
Applicability.
These regulations and development standards shall apply to the following forms of land subdivision:
1. 
The division of land into two or more tracts, lots, sites, or parcels.
2. 
The dedication, vacation, or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies.
3. 
The dedication or vacation of any street or alley through any tract of land regardless of the area involved.
C. 
Limits of Control.
The provisions of this Article shall not be applicable to plats of the subdivisions recorded as required by law and approved by the City Council prior to the effective date of this UDC.
D. 
Exceptions.
The standards of this Article apply to all development except single-family detached houses or duplexes that are constructed on individual lots or parcels that are not subdivided.
E. 
Compatibility Required.
The parcel proposed for development shall be designed in a way that:
1. 
Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity along side and rear lot lines;
2. 
Protects and preserves site resources to the benefit of both the subject property and abutting properties;
3. 
Provides appropriate vehicular and pedestrian linkages between residential uses and retail, service, and office uses, providing access while protecting neighborhood integrity and individual property values;
4. 
Maximizes the access to and benefit of open spaces by providing for a connection to or continuation of the open spaces of abutting properties and providing for maximum frontage and access to such open spaces;
5. 
Protects neighboring property from undue stormwater runoff;
6. 
Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses, in accordance with the City’s adopted Thoroughfare Plan;
7. 
Minimizes interference with existing access to abutting and nearby properties, unless new and improved access is provided by the proposed development; and
8. 
Does not reduce the level of service of public utilities that are provided to surrounding development.
F. 
Consistency with Capital Improvement Plans.
The proposed development shall conform to all adopted and applicable capital improvement plans of the City, DeWitt County (for capital improvement plans within the City), and the State of Texas with regard to public infrastructure and facilities, including water, sewer, gas, electric, streets, trails, and parks and recreation improvements.
G. 
Future Abutting Development.
The parcel proposed for development shall be designed in a way that shows how future development of abutting parcels under common ownership will relate to the parcel proposed for development in terms of transportation linkages, open spaces, and utilities.
H. 
Preservation of Density and Intensity.
Design review is intended to permit plan modifications that improve design, but not to require a density or intensity reduction. The design review shall focus on revising the development site plan by altering roads, lots, landscaping, or other plan elements, but not by altering development density or intensity unless the density or intensity exceeds permitted standards or the open space, buffering, landscaping, or resource protection does not meet the requirements of this UDC.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
1. 
New lots shall be dimensioned according to the requirements of Division 3.100, New Neighborhood Development Standards. The size, shape, and orientation of lots shall be appropriate to the district in which they are located, the location of the proposed development, and to the type of development contemplated. The lots shall provide an adequate buildable area for the development that is contemplated.
2. 
Lots are required to be platted unless specifically exempted by this UDC. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking, loading facilities, landscaping, and other required site improvements or open space/bufferyard areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this UDC.
B. 
Shape.
Side lot lines shall be approximately at right angles to the centerlines of abutting streets. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources.
C. 
Access and Frontage.
1. 
Frontage Width.
The width of required frontage shall not be less than the required lot width.
2. 
Residential Lots (except mixed-use and multi-family).
a. 
Generally, new single-family detached and single-family attached dwellings shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley that serves not more than 12 dwelling units. Through lots shall take access from the side from which the address is assigned, which shall not be collector or arterial streets.
b. 
Manufactured home lots may front only on local streets or private streets within a manufactured home park or subdivision.
3. 
Nonresidential, Mixed-Use, and Multi-Family Lots.
Nonresidential, mixed-use, and multi-family lots that take access from collector or arterial streets shall provide adequate on-site maneuvering areas for automobile turnaround.
D. 
Through Lots.
Through lots for single-family detached and single-family attached dwellings are not permitted. Where residential development is bounded by one or more arterial streets, lots shall be separated from the arterial street rights-of-way by a Type B bufferyard that is owned and maintained by a property owners’ association (see Division 7.300, Bufferyard Landscaping).
E. 
Orientation.
1. 
T-Intersections.
The building envelope of lots at the terminal end of a T-intersection shall be offset a minimum distance of 25 feet from the edge of the right-of-way in order to mitigate the impacts of oncoming traffic on the use and enjoyment of the lots.
2. 
Facing Public Street.
a. 
Each lot shall face a public street.
b. 
Where corner lots are key lots, where lots face the frontage street and also other lots face the side street, the corner lot shall have a front building line on both streets.
F. 
Width of Irregular Lots.
Key lots or irregular shaped lots shall have sufficient width at the building line to meet frontage requirements. Also, the rear width shall be sufficient to provide access for all utilities including garbage collection, but not less than 10 feet.
G. 
Minimum Lot Depth.
No lot shall be platted less than 100 feet in depth except in cases where an irregular shaped tract is platted into lots and a remnant piece of property is of sufficient area to plat one or more lots. The City Council may waive the depth requirement to prevent a hardship on the developer.
H. 
Side Lot Lines.
Side lot lines shall be substantially at right angles or radial to street lines.
I. 
Replat Affecting Lot Size.
No lot shall be replatted to reduce the size of the lots originally platted by a common dedicator, unless the consent of all the property owners in the same addition has been obtained. The required consent may be implied where another lot or lots in the addition as recorded have already been subdivided and built upon in the manner prescribed above. No residential lot will be reduced in width below 50 foot frontage with an area of 5,000 square feet.
J. 
Permit Issuance.
A building permit may be issued when an applicant exhibits a duly executed and recorded deed covering a lot having dimensions of 50 feet by 100 feet and the lot is being assessed for City taxes and conforms to the established lot pattern.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The length, width, and shape of blocks shall be determined with regard to the following:
1. 
The provision of adequate building sites suitable to the particular needs of the type of use contemplated;
2. 
The required lot widths and lot areas for the development;
3. 
The need for convenient access, circulation, control, and safety of street traffic;
4. 
The need to provide for mobility and accessibility for people who use alternative modes of transportation; and
5. 
Limitations and opportunities of soils, natural resources, and uses or features that bound the parcel proposed for development.
B. 
Dimensions.
Blocks shall be dimensioned according to the following standards:
1. 
Blocks that are used to provide access to single-family detached and/or single-family attached uses shall be of sufficient width to allow two tiers of lots with appropriate lot depths (according to the lot widths and areas applied), unless such arrangement is not feasible.
2. 
Generally, blocks that are used to provide access to residential uses shall not be longer than 800 feet. Blocks may be up to 1,200 feet in length if there is a mid-block pedestrian crossing to abutting blocks.
3. 
Blocks for nonresidential uses shall be of a width suitable for the intended use, with due allowance for off-street parking lots and loading facilities and other site improvements, landscape areas, and open space areas required by this UDC.
C. 
Relationship to Existing Arterial and Collector Streets.
Residential blocks shall be designed so that lots are not oriented for access from arterial or collector streets. Marginal access streets may be approved if necessary for the efficient layout of lots on a parcel proposed for development, provided that:
1. 
Access to the marginal access street meets access management requirements of this UDC; and
2. 
The following bufferyards are provided between the marginal access street and the abutting arterial or collector street:
a. 
Collector streets: Type A bufferyard; and
b. 
Arterial streets: Type B bufferyard.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
During development approval, the City may require the granting of a variety of easements on private property or lots. These easements may be for any of the following, or other approved, purposes:
1. 
Utilities;
2. 
Fire protection;
3. 
Police protection and other emergency services;
4. 
Access to public utilities or drainage areas;
5. 
Drainage and low impact development applications;
6. 
Pedestrian access; and
7. 
Natural resource or open space conservation.
B. 
Utility Easement Width and Location.
Where required, all lots shall provide utility easements for sewer, water, gas, drainage, electricity, cable, fiber-to-the-home, or other public utilities that are necessary or desirable to serve the subdivision. Their width and location shall be such that access and maintenance, repair or reconstruction can be accomplished without undue hardship to the utility. Easement standards shall be maintained by the Building Official and the City Secretary’s Office.
C. 
Drainage and Low Impact Development Easements.
To the extent possible, existing surface drainage patterns serving any off-site properties or two or more proposed lots or properties shall be protected by easements or open space. In addition, drainage and low impact development easements shall be placed on lots to convey surface water to storm sewers located on the street or to surface drainage channels located in easements or open spaces as topography and grading dictate.
D. 
Fire Protection Easements.
Rear fire protection access easements, where necessary to provide adequate protection for the structure, shall be improved as appropriate for fire protection equipment, at a width of 20 feet, with appropriate turning radii for the City’s fire protection equipment as determined by the Fire Chief.
E. 
Pedestrian Access Easements.
Pedestrian access easements may be required in accordance with Article 8, Streets, Sidewalks and Trails, and Infrastructure.
F. 
Conservation Easements.
1. 
The City shall require conservation easements to preserve open space as required by this UDC, and to protect natural resources that this UDC requires to be protected.
2. 
Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements and nondestructive utility and drainage easements are permitted within areas protected by conservation easements.
3. 
Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or property owners’ association.
4. 
All conservation easements shall run in favor of three parties:
a. 
All lots or unit owners in the development; and
b. 
A nonprofit organization such as a land trust; and
c. 
The City.
5. 
The conservation easements shall be in a form approved by the City Attorney.
G. 
Encroachments and Removal of Encroachments.
No permanent encroachment or structures shall be allowed to be located within the area of any easement required by this Section. While the City or utility benefiting from the easement will make efforts to minimize disturbances, both shall have the right to remove any encroachment, structures, fences, landscaping or other improvements placed upon such easements. The City and/or utility shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.
H. 
Maintenance of Easements.
The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
This Section is designed to achieve the open space requirements of bufferyards, resource protection, recreation, stormwater management, and preservation of community character.
B. 
Principles.
1. 
Integrated Design.
Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the proposed development. Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management.
2. 
Trails and Drainage Corridors/Waterbodies/Watercourses.
Open space shall be designed to provide trails along drainage corridors, waterbodies, and watercourses. The landscaping along drainage corridors, waterbodies, [and] watercourses shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the drainage corridor or watercourse for the residents of the proposed development.
3. 
Other Open Spaces.
Formal open spaces shall be designed to provide areas of focus within the development. Landscaping, furniture, and other amenities for pedestrians shall be installed to enhance this effect.
C. 
Design.
The proposed subdivision plat or site plan shall be designed to allocate required open space and/or landscape areas according to the following priorities.
1. 
Floodplains.
Avoid development within floodplains and on land that is less than one foot above base flood elevation or in areas which, if developed, would materially increase soil erosion and siltation of waterbodies or watercourses.
2. 
Buffers.
Provide appropriate buffers between areas of different uses in accordance with the provisions set out in Division 7.300, Bufferyard Landscaping.
3. 
Tree Protection.
Provide for the protection of protected trees in accordance with the provisions of Section 7.103, Land Clearing and Existing Trees.
4. 
Recreation and Public Gathering Spaces.
a. 
Residential Districts.
In residential districts, use required open space areas to provide active and passive recreation opportunities.
b. 
Mixed-Use Districts.
In mixed-use districts (i.e., the C-2 district), use required open space areas to provide for public gathering spaces such as landscape plazas (i.e., visible and accessible from the street), and landscaped courtyards or atriums (i.e., visible and accessible to building occupants).
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
This Section sets out the general subdivision and land planning considerations for the layout and alignment of streets. The design objectives, criteria, and dimensional requirements for streets, cul-de-sacs, and alleys are provided in Division 8.100, Streets.
B. 
Conformity to the Thoroughfare Plan.
The location and width of all streets shall conform to the thoroughfare plan in conformance with Section 8.103, Thoroughfare Plan.
C. 
Alignment of Subdivision Streets with Existing Streets.
1. 
Streets shall be configured as required by Section 8.101, Street Standards.
2. 
Streets shall, to the extent practicable, align with existing streets, and be given the name of the streets with which they align, or shall be offset the minimum distance specified in Section 8.101, Street Standards, relating to jogs, offsets, reverse curves, and alignments.
D. 
Alignment of Local Streets with Arterials and Collectors.
Generally, local streets shall be either:
1. 
Perpendicular to arterial or collector streets; or
2. 
Loop streets, reverse frontage roads, or cul-de-sacs (which are limited by subsection 8.102 [8.102D], Dead-End Streets/Cul-de-Sacs). See Figure 4.106, Local Street Orientation.
Figure 4.106
Local Street Orientation
E. 
Width of Public Ways.
The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classification of each street, pursuant to Section 8.101, Street Standards.
F. 
Grades and Curves of Public Ways.
The City Engineer shall promulgate the requirements for grades and curves of public ways.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
1. 
All developments shall make provision for water, sewer, stormwater, electric, telephone, and cable service, and may make provision for fiber-to-the-home and other public and/or private utilities available to City residents.
2. 
All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.
3. 
Utility infrastructure shall be underground and pad mounted at ground level; if within the right-of-way, should not block sidewalks or visibility at intersections.
4. 
Once utility service lines have been installed underground, the installation of new aboveground lines in that location is prohibited.
B. 
Capacity.
Where a parcel proposed for development is part of a larger tract of land, the City shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development. Where the parcel proposed for development is part of a larger utility service area, the City may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.
C. 
Potable Water Line Loops.
Potable water lines shall be looped and shall have a secondary feed to the potable water supply.
D. 
Interceptors.
Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.
E. 
Common Use Easements.
Wherever possible, the City shall require compatible utilities to share easements (see Section 4.104, Access and Easements).
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2017-09, sec. 1, adopted 4/11/17)
A. 
Generally.
To facilitate way-finding and the provision of emergency response services, the name of a subdivision, other land development, and streets shall not be the same or substantially similar to the name of another subdivision, other land development, or the name of an existing street, which is located within the City.
B. 
Residential Subdivision and Nonresidential Complex Names.
1. 
Naming.
Residential subdivisions, other residential land development (e.g., apartment complexes or condominiums, etc.), and nonresidential complexes (e.g., office or industrial parks, etc.), shall not be duplicated or be confused with existing names. Names are subject to approval by the Building Official to eliminate duplicate names.
2. 
Exception.
Exceptions shall be made for a group of related, abutting subdivisions (or other land development) that are part of an overall plan of development which include common names according to a common theme (e.g., Pebble Ridge, Pebble Estates, etc.), or given the same name followed by a phase number to identify each phase of the project.
C. 
Street Names.
1. 
Naming.
Proposed streets which are obviously in alignment with other existing and named streets, shall bear the assigned name of the existing streets. In no case shall the name of proposed streets duplicate or be phonetically similar to existing street name, irrespective of the use of suffix (e.g., Park Street versus Park Avenue) and/or prefix (e.g., West Elm Street versus East Elm Street) if the streets are not contiguous and separated by a thoroughfare that commonly separates the City into quadrants (i.e., Esplanade Street or Main Street).
2. 
Interagency Coordination.
Street names will be submitted in writing to the 9-1-1 Coordinator of the Golden Crescent Regional Planning Commission, in Victoria, Texas, for additional review as it relates to the provision of dispatching emergency services.
D. 
Property Numbering.
The Building Official shall provide appropriate “property numbers” for all lots for all parcels proposed for development.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
All dedications of streets, easements, open spaces, recreation areas, or any other dedication shall be made on a form approved by the City Attorney. All dedicated areas shall be shown on the subdivision plat or site plan for the parcel(s) proposed for development where such approvals are required, unless the City determines that another form of dedication (e.g., a recorded easement) is more appropriate.
B. 
Easements.
Easements for utilities and drainage shall be provided by the applicant as necessary to effectuate their purpose.
C. 
Streets.
1. 
Streets Within the Proposed Development.
Street dedication(s) shall include required dedications of rights-of-way as needed, or as required by the Thoroughfare Plan. Such dedications shall be made no later than the earliest of the following events:
a. 
The submittal of a final plat for the first phase of development;
b. 
The approval of a site plan; or
c. 
The issuance of a permit for a new principal building or structure that has a value of at least 50 percent of the assessed value of the land described in the permit application.
2. 
Existing Streets.
Existing streets shall be evaluated based on the capacity and condition of the existing streets’ ability to support the nature of uses proposed. Where found deficient, the streets shall be constructed or reconstructed according to City standards based upon a traffic generation study or traffic impact analysis (if required as a result of the traffic generation study or traffic impact analysis), that extends to the nearest street capable of carrying the additional traffic generated by the proposed development. Right-of-way for such streets shall be dedicated to the City or other entity that controls the impacted street right-of-way.
D. 
Open Space Parcels.
Land areas that are used to satisfy open space ratio requirements shall be shown as separate parcels on plats. The open space parcels shall be restricted to open space uses by plat restrictions or separately recorded covenants, conditions, and restrictions (see also Section 4.110, Required Property Owners’ Association and CCRs).
E. 
Recreation and Other Public Use Areas.
Consideration shall be given by the developer to the dedication or reservation of suitable sites for parks, playgrounds, and other areas for public use so as to conform to the recommendations of the Planning and Zoning Commission in the adopted Cuero Comprehensive Plan or other plan that focuses on parks and recreation areas in the City. Areas to be dedicated or reserved for parks, playgrounds, and other public use areas should be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to, or acquired by the appropriate jurisdictional authority. In general, whenever the proposed subdivision contains 20 acres or includes more than 100 lots, consideration shall be given to the reservation or dedication of a suitable area for recreation purposes.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Property Owners’ Association.
1. 
Continuing Obligation.
Any subdivision or development that provides for a continuing obligation (e.g., to own and maintain common open space) may, at the subdivider’s discretion, have the provision of a property owners’ association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures the maintenance and management of such continuing obligation.
2. 
Incorporation of Property Owners’ Association.
If a continuing obligation is proposed by the subdivider, at the subdivider’s discretion, the subdivider may incorporate a property owners’ association that will bear responsibility for ensuring continuing compliance as described.
B. 
Covenants, Conditions, and Restrictions (CCRs).
1. 
Declaration.
Continuing obligations that necessitate ongoing efforts of tenants or successors in title may be included in a declaration of CCRs for the property that shall be recorded in the public records in the chain of title for the property at the subdivider’s expense.
2. 
Timing.
If proposed, the subdivider shall provide proposed CCRs to the City:
a. 
Upon filing the application for plat approval; or
b. 
If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require CCRs shall be contingent upon approval of the CCR document).
3. 
Plat Annotations.
Where a plat is required, the CCRs shall be referenced on the plat.
C. 
Limited Review of Incorporation Documents and CCRs.
1. 
Generally.
The City’s right of enforcement shall extend only to those matters that substantially bear upon them. The City will not seek to intervene in purely private disputes about CCRs. The City Attorney shall review the incorporation documents and CCRs to ensure that the following provisions are included in a form that is acceptable to the City:
a. 
All items that are required by this UDC or conditions of approval, which may include specific rights of enforcement being granted to the City;
b. 
Membership in the property owners’ association shall be mandatory for all owners of property in the subdivision or condominium;
c. 
Dues are payable to the property owners’ association at regular intervals;
d. 
The property owners’ association has lien rights with respect to unpaid dues;
e. 
The property owners’ association has a perpetual existence;
f. 
The property owners’ association has all responsibilities required by these regulations or conditions of approval (e.g., ownership and maintenance of common elements); and
g. 
The property owners’ association has the capacity to sue and be sued.
2. 
Optional Elements.
The CCRs may include any provisions considered desirable by the subdivider with respect to the management and maintenance of the subdivision or condominium, provided that they do not undermine any of the following requirements:
a. 
Required membership in, and payment of dues to, the property owners’ association;
b. 
Inclusion and enforcement of all of the provisions required by these regulations and any conditions of approval, in a form acceptable to the City Attorney;
c. 
Clauses that provide for enforceability by the City of those CCRs that relate to this UDC or conditions of approval; and
d. 
Applicable requirements of this UDC at the time of approval of the CCR document.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Survey Required.
1. 
Generally.
The following shall be used for mapping natural resources or other features of subdivision plats, site plans, or other as otherwise required by this Section. In general, boundaries shall be measured as follows:
a. 
Measurements for the boundary are to be made horizontally, perpendicular from, or radial from any feature or point.
b. 
Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated.
2. 
Waterbodies and Watercourses.
a. 
Floodplains.
All development within the City, not part of a previously approved plan or plat, shall show the boundary of the floodplain and floodway, if such exist on the site. Such delineation shall be by a registered professional land surveyor.
b. 
Streams.
Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
c. 
Wetlands.
Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers.
d. 
Other Waterbodies/Watercourses.
Initial identification of other watercourses/ waterbodies not otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for subdivision plats and development plans.
3. 
Soils.
If septic tanks are to be used, soils shall be delineated by on-site testing of the soils to determine soil boundaries.
4. 
Topography.
Topographic lines shall be at two-foot contour intervals unless such intervals are impractical due to essentially flat topography.
5. 
Vegetation.
Vegetation shall be measured by the canopy line for the determination of areas of woodlands or trees. Other vegetation types shall be measured from the middle of the vegetation transition.
B. 
Monumentation.
1. 
Generally.
Monuments shall be placed to mark the following:
a. 
Lot corners, points of curvature, points of tangency, and reference points; and
b. 
Street centerlines, points of curvature, points of tangency, reference points, and where street lines intersect the exterior boundaries of the subdivision.
2. 
Requirements.
The following guidelines apply to artificial monuments to be set.
a. 
Monuments consisting of a metal pipe must have at least one inch outside diameter and must be at least four feet in length (longer in soft or unstable soil). Such monuments shall be set in concrete six inches in diameter by 18 inches long. Concrete monuments must be at least 3 inches in width or diameter by 24 inches in length, reinforced with an iron rod at least 1/4 inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
b. 
Marks on existing concrete, stone, or steel surface must consist of drill holes, chisel marks or punch marks and must be of sufficient size, diameter or depth to be definitive, stable and readily identifiable as a survey monument. Marks on asphalt roads may consist of railroad spikes, large nails, “PK nails,” or other permanent metal spikes or nail-like objects.
c. 
Wooden stakes shall not be set as permanent boundary monuments.
3. 
Installation.
Monuments must be set vertically whenever possible and the top must be reasonably flush with the finished grade when practical. Monuments subject to damage from earthwork, construction or traffic should be buried at a sufficient depth to offer protection.
4. 
Witness Monuments.
When physically impossible to set a monument at the corner, witness monuments shall be set when possible, preferably on each converging line at measured distances from the corner and identified as such in the description and on the plat of the property.
5. 
Benchmarking.
For all subdivisions of five lots or more, a permanent benchmark shall be accessibly placed, the elevation of which shall be based on mean sea level as determined by the U.S. Geological Survey and accurately noted on the subdivision plat. Such permanent benchmark shall be brass capped, set in concrete, with a minimum dimension of six inches in diameter, four feet long with a flat top. The top of the brass monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade stamped with one-half-inch numbers.
C. 
As-Builts.
As-built plans, certified by a registered land surveyor, shall be submitted to the Building Official and reviewed by the City Engineer upon completion of subdivision infrastructure.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
New residential subdivisions or neighborhoods using the standard development option shall comply with the provisions of this Section using the development standards set out in Division 3.100, New Neighborhoods Development Standards.
B. 
Form of Development.
A standard residential neighborhood can include only two different housing types, where most of the land is owned by individual homeowners (either single-family detached, or manufactured housing in a manufactured home park or subdivision). Single-family detached dwellings are residences for one family that are typically located on a privately owned lot, with private yards on each side of the dwelling unit. Single-family detached lots may be owned in fee-simple, or part of a condominium form of ownership surrounded by limited common elements for use by residents of the single-family home, which would serve the same purpose as a private yard.
C. 
Minimum Design.
1. 
Identifiable Neighborhood.
If a standard residential neighborhood exceeds 150 dwelling units, it shall be designed as multiple identifiable “neighborhoods” with distinct boundaries.
2. 
Common Open Space.
Common open space is generally utilized for bufferyard, recreation, and drainage purposes. The general layout and design of the parcel proposed for development shall be configured so as to maximize the number of lots that are within 1,320 feet of usable open space (e.g., park, trail, etc.).
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
New residential subdivisions or neighborhoods using the planned cluster development option shall comply with the provisions of this Section using the development standards set out in Division 3.100, New Neighborhoods Development Standards.
B. 
Form of Development.
A cluster neighborhood allows multiple housing types (i.e., single-family detached, duplex, triplex, and townhouse) with smaller lots and building sites that are clustered together in order to provide for additional common open spaces. Often, the common open space is set aside for resource features such as steep slopes, waterbodies, watercourses, woodlands, floodplains, etc. Therefore, cluster development may be used to preserve environmental resources by clustering development on the buildable portions of the property.
C. 
Minimum Design.
1. 
Interconnected.
Designated resource protection areas shall, to the greatest extent practicable, be interconnected with other open space areas, greenways, and trail systems (if provided) within the parcel proposed for development and on abutting lands where such integration is practical and does not materially compromise the resource value of the protection areas.
2. 
Access.
Open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would material [materially] enhance natural resource management.
3. 
Clustered Setback.
Dwelling units on clustered lots shall be set back from the perimeter of the parcel at least the following distances:
a. 
One to four lots: as required for individual lots
b. 
Five to 20 lots: 75 feet
c. 
21 or more lots: 100 feet.
4. 
Compatibility.
Where a planned cluster neighborhood abuts, is adjacent to, or is located across a local street from existing residentially zoned or used property, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Manufactured home parks and subdivisions shall be designed according to the standards of Division 4.100, General Requirements for Development Design, and this Section. Additional requirements are set out in Table 2.202, Residential Compatibility Standards, and individual manufactured homes are subject to the standards set out in Section 10.103, Manufactured Home Standards.
B. 
Minimum and Maximum Site Area.
1. 
Minimum Area of Parcel Proposed for Development.
The minimum area of a manufactured home park or subdivision is five acres.
2. 
Maximum Extent of Manufactured Home Park or Subdivision.
The maximum extent of a manufactured home park or subdivision is 15 acres.
C. 
Site Design.
Manufactured home parks and subdivisions shall meet the following site design standards:
1. 
Lot Dimensions.
Lot dimensions shall be as provided in Section 3.101, Development Standards for New Residential Neighborhoods.
2. 
Park or Subdivision Access and Circulation.
a. 
No vehicular entrance to, or exit from, any manufactured home park or subdivision, wherever such may be located, shall be within 200 feet along streets from any school, public playground, place of public assembly, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
b. 
The entrance to the manufactured home park or subdivision shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
c. 
The interior roadway shall be in accordance with the standards for public or private local streets and shall not include dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
3. 
Lot or Space Access.
Each manufactured home lot or space shall have direct access to the interior roadway.
4. 
Off-Street Parking.
The number of off-street parking spaces per manufactured home lot shall be in conformance with Division 5.100, Parking and Loading.
5. 
Lighting.
Lighting shall be provided for interior roads and walkways and shall be in conformance with the applicable standards of Division 5.300, Lighting.
6. 
Laundry and Maintenance Buildings.
Laundry and maintenance buildings (for use by residents only) may be included in the site design.
7. 
Recreation.
When manufactured home parks or subdivisions are established:
a. 
Recreational areas shall be provided which shall be a minimum of 10 percent of the overall parcel proposed for development, exclusive of streets and parking areas; and
b. 
A portion of that area shall be improved for recreational use prior to the owner/operator starting operations.
8. 
Required Bufferyard.
All manufactured home parks or subdivisions shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque masonry fence or wall (see Division 7.300, Bufferyard Landscaping).
9. 
Solid Waste Collection.
Centralized solid waste collection, if applicable, shall be in accordance with the provisions set out in Section 11.106, Solid Waste Collection.
10. 
Utilities.
All units are served with sanitary sewer, potable water, and electrical power, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
11. 
Fire Protection.
a. 
Open fires shall be allowed only in a manner and within a container approved by the Fire Chief.
b. 
Each manufactured home lot or space shall be within 500 feet of a fire hydrant, except where NFPA Standard #501A allows a different spacing.
12. 
Maintenance.
All grounds in the manufactured home park or subdivision shall be
a. 
Shall be paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
b. 
Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
D. 
Recreational Vehicle Spaces.
Any manufactured home park or subdivision that was lawfully under construction or in operation on July 7, 2011, is allowed to maintain the recreational vehicle (RV) spaces that existed prior to that date. Manufactured home parks or subdivisions that are created after that date shall not include spaces for recreational vehicles, nor allow recreational vehicles, boats, etc. to be located on site.
E. 
Site Plan.
A site plan is required showing conformance with each of the site design criteria detailed in this Section, as well as other applicable requirements of this UDC which will be used for review and consideration by the applicable administrative body having jurisdiction.
F. 
Expansion or Modification of Existing MHPs or Subdivisions.
1. 
Re-review Required.
Any enlargement (e.g., size of property or additional manufactured home lots or spaces, etc.) or modification of site layout of an existing manufactured home park or subdivision shall require a re-review and approval as if it were a new application.
2. 
Existing Facilities Brought Into Conformance.
No enlargement or extensions to any manufactured home park or subdivision shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.
G. 
Unit Inspection.
When a unit is to be conveyed to a new owner or leased to a new occupant, it shall be inspected by the Building Official. All units that do not comply with standards for manufactured housing shall be given a complete interior and exterior inspection focusing on habitability and safety. If the unit is deemed unfit, the Building Official may require improvements or replacement with a newer unit certified by the U.S. Department of Housing and Urban Development (HUD).
H. 
Plat Notation.
A note shall be added to the plat stating that only single-wide or double-wide manufactured homes are allowed, and that double-wide manufactured homes shall not be allowed on lots designed for single-wide manufactured homes.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Recreational Vehicle (RV) Parks shall be designed according to the standards of this Section.
B. 
Purpose and Intent.
The City Council finds that RV parks can contribute to the City’s long-term economic and social well-being if they are properly located, designed, and maintained to protect the health, safety, and general welfare of the RV park users, abutting properties, and the City as a whole.
C. 
Minimum and Maximum Site Area.
1. 
Minimum Area of Parcel Proposed for Development.
The minimum area of an RV park is two acres.
2. 
Maximum Extent of RV Park.
The maximum extent of a RV park is 10 acres.
D. 
Site Design.
RV parks shall meet the following site design standards:
1. 
Maximum Density.
The maximum site density for RV parks shall be 20 spaces per acre, where only one recreational vehicle is permitted per recreational vehicle space.
2. 
RV Spaces.
Each recreational vehicle space shall comply with the following:
a. 
Minimum Space Area.
A minimum of 1,750 square feet in area and 25 feet in width is required consisting of:
i. 
Permanent RV Parking Pad.
No less than 10 feet in width by 24 feet in depth shall be used to construct a permanent parking pad consisting of concrete, gravel, asphalt, crushed rock, or similar material; and each parking pad shall be separated by at least 10 feet from any other parking pad;
ii. 
Non-RV Off-Street Parking Space.
Each RV space shall have a minimum of one off-street parking space for a vehicle that is not the recreational vehicle.
iii. 
Remaining Area.
The remaining area of the recreational vehicle space shall comply with subsection C.11. [D.11.], Maintenance, below;
b. 
Space Marker.
A permanent space marker identifying the space number is required to be visible day and night, which shall be visible from the internal private roadway;
c. 
Accessory Structures.
Individual RV spaces are not allowed to have accessory structures (e.g., awnings, cabanas, carports, garages, porches, storage sheds, etc.), with the exception of factory installed recreational vehicle extensions (e.g., expandable spaces or awnings).
3. 
RV Park Access and Circulation.
a. 
The entrance of the internal private roadway shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
b. 
The internal private roadway shall have a pavement width of 24 feet in accordance with City specifications, and shall consist of concrete, asphalt, or crushed limestone. The roadway may be 15 feet in width if it is designed for one-way roads as long as there is a minimum of 24 feet of unobstructed clearance, and a minimum of 60 feet in turning area and radii, to permit the free movement of emergency vehicles.
c. 
No dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
4. 
Lot Access.
Each recreational vehicle space shall have direct access to the interior private roadway and shall be constructed of concrete, gravel, asphalt, crushed limestone, or similar material that controls or reduces dust.
5. 
Required Facilities.
Each RV park shall install and maintain the following required facilities:
a. 
Office.
An office for the manager and a publicly available telephone which shall be accessible for emergency use 24 hours a day, seven days a week.
b. 
Laundry and Maintenance Facilities.
A laundry and maintenance building shall be included in the site design.
c. 
Off-Street Parking.
Each RV park shall provide a common guest parking lot consisting of one parking space for every five recreational vehicle spaces.
d. 
Sanitary Facilities.
The RV park shall provide the following sanitary facilities in the quantities specified below. Each calculation shall be rounded up to the next nearest whole number, where a minimum of at least one is required. Facilities for males and females shall be separate and located within a permitted building.
i. 
Toilets.
One toilet for each sex for every 40 RV spaces;
ii. 
Washbasins.
One washbasin shall be provided within the bathroom for every two toilets provided; and
iii. 
Showers.
One shower for each sex.
e. 
Design and Maintenance of Sanitary Facilities.
Design and maintenance of the sanitary facilities shall be in accordance with the following:
i. 
Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture-proof material to permit rapid and satisfactory cleaning, scouring and washing;
ii. 
The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.
iii. 
Toilet and bathing facilities shall be in separate rooms or each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.
iv. 
Toilet floors and walls shall be of impervious material, painted white or a light color, and be kept clean at all times. Shower stalls shall be made of tile, plaster, cement or some other impervious material and shall be kept clean at all times. Shower stalls shall be partitioned in any manner as to provide privacy and promote cleanliness. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times.
v. 
The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be made of a washable surface, kept clean at all times.
6. 
Lighting.
All common buildings and access thereto shall be well lit both inside and out during the night hours and the lighting design shall be in conformance with Division 5.300, Lighting.
7. 
Required Bufferyard.
All RV parks shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque fence or wall (see Division 7.300, Bufferyard Landscaping).
8. 
Solid Waste Collection.
Centralized solid waste collection shall be in accordance with the provisions set out in Section 11.106, Solid Waste Collection.
9. 
Utilities.
In addition to the following, the installation of utilities shall be in compliance with all building codes and other applicable provisions of this UDC.
a. 
Drainage.
The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. A stormwater management plan is required in conformance with 8.302, Stormwater Management, Drainage, and Low Impact Development.
b. 
Water System.
All common buildings and RV spaces shall be provided with a connection to the City water system if it is located within 1,000 feet of the RV park. If the City water system is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained to install a well. The City must approve all proposed water facility plans prior to construction. The water distribution system shall be designed as follows:
i. 
A master water meter shall be installed to serve the RV park. Sub-metering or remetering for private purposes by the owner/operator of the RV park is permitted however sub-metering or remetering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
ii. 
A reduced pressure principle backflow preventer will be required to be placed at the lot line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV spaces and located on the right side of the space.
iii. 
Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least 3/4-inch.
iv. 
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each space.
v. 
A shut-off valve below the frost line shall be provided on each branch line.
vi. 
The owner/operator shall have complete maintenance responsibility for the water system within the RV park.
vii. 
The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the lot line.
c. 
Wastewater System.
All common buildings and RV spaces shall be provided with a connection to the City wastewater system if it is located within 1,000 feet of the RV park. If the City wastewater system is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained prior to placement of an on-site sewage facility. The City must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:
i. 
Each RV space shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gas-tight seal when connected to a recreational vehicle or have a gas-tight seal plug when not in service.
ii. 
The wastewater connection to each RV space shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.
iii. 
Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.
iv. 
Each collection wastewater line shall provide a vent extending a minimum of 10 feet in height.
v. 
The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.
vi. 
The responsibility of the City stops at the lot line.
vii. 
Each RV park shall be required to install at the lot line, where connection to the City wastewater system is made, a sample well site. The sample well site shall be installed according to City specifications.
d. 
Electrical System.
All common buildings and RV spaces shall be provided with a connection to the City electrical system, which shall be installed underground in accordance with the most currently adopted National Electric Code. The electrical system shall be installed as follows:
i. 
A master electric meter shall be installed to serve the RV park. Sub-metering or remetering for private purposes by the owner/operator of the RV park is permitted however sub-metering or remetering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
ii. 
The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the weatherhead.
iii. 
The location of all underground lines shall be clearly marked by surface signs at approved intervals.
iv. 
Power supply to each space shall be a minimum of one 20-amp and one 50-amp power supply.
v. 
Outlets (receptacles or pressure connectors) shall be housed in an Underwriters’ Laboratories, Inc., approved weatherproof outlet box.
vi. 
A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two feet above the floodplain elevation shall be provided.
10. 
Fire Protection.
a. 
Open fires shall be allowed only in a manner and within a container approved by the Fire Chief.
b. 
Each RV space shall be within 600 feet of a fire hydrant. If the City water system is not available, the owner/operator shall install and maintain a pond or container on the property that has a minimum capacity of 20,000 gallons, if one does not already exist on-site. The pond or container shall be filled at all times and be connected to a dry hydrant. The dry hydrant shall have a standard four-inch connection or other such size as approved by the Fire Chief and be installed in a location that is accessible to emergency vehicles.
11. 
Maintenance.
In conformance with the landscape surface ratio (LSR) of the district, all grounds in the RV park shall be
a. 
Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
b. 
Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
E. 
Site Plan.
A site plan is required showing conformance with each of the site design criteria detailed in this Section (including all proposed on-site utilities, rights-of-way/easements and roadway configuration, storm drainage, recreational vehicle space layout, building improvements, fencing, buffering, lighting and signage), as well as other applicable requirements of this UDC which will be used for review and consideration by the applicable administrative body having jurisdiction.
F. 
License.
The owner/operator is required to hold a valid license issued annually from the City to operate an RV park in the City in accordance with Chapter 159, Recreational Vehicle Parks, of the City’s Code of Ordinances, as amended from time to time.
Editor’s note–Chapter 159 of the 1994 Code of Ordinances, Recreational Vehicle Parks, is repealed by section 15.305 of the Unified Development Code. The reader is directed to section 14.304H of the development code, relating to recreational vehicle park licenses.
G. 
Operations.
The owner/operator shall collect the following information as part of the registration process for each person renting an RV space in the RV park:
1. 
Name;
2. 
Full address of permanent residence;
3. 
Automobile and recreational vehicle license plate number and the state in which each is registered;
4. 
Photocopy of the driver’s license of the primary tenant;
5. 
The number or letter of the designated space being rented; and
6. 
The date of arrival and departure.
H. 
Expansion or Modification of Existing RV Parks.
1. 
Re-review Required.
Any enlargement (e.g., size of property or additional RV spaces, etc.) or modification of site layout of an existing RV park shall require a re-review and approval as if it were a new application.
2. 
Existing Facilities Brought Into Conformance.
No enlargement or extensions to any RV park shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.
I. 
Inspections.
1. 
Authorized.
The Building Official shall make at least two annual inspections, at six-month intervals, per RV park and additional inspections as are necessary, without prior notice, to determine compliance with this Section.
2. 
Entry On Premises.
The Building Official and Code Enforcement Officer shall have the power to enter, during normal operating hours, upon any private or public property with the purpose of inspecting and investigating conditions relating to the enforcement of this Section.
J. 
Suspensions.
1. 
Notice.
Whenever, upon inspection of any RV park, the Building Official finds that conditions or practices exist which are violation of any provision of this Section applicable to such park, the Building Official shall provide notice in writing to the owner/operator, and if such conditions or practices have not been corrected in the timeframe set forth in the notice, the Building Official will suspend the RV park license and give notice of such suspension.
2. 
Cessation of Operations.
Upon suspension of the RV park license, the owner/operator shall cease operation of the RV park.
3. 
Appeal.
The suspension of the license may be appealed to the Zoning Board of Adjustment as set out in Section 14.401, Appeals of Administrative Decisions.
K. 
Abandonment and Restoration.
1. 
Plan.
In the event that operations should cease for a period of 24 months, the owner shall be required to provide a written plan and agreement to the Building Official showing evidence of a pending lease/sale agreement or a plan of action setting forth how the site’s improvements (e.g., internal roadways, RV parking pads, buildings and structures, utilities, signs, and other non-vegetative improvements) shall be dismantled and the site restored to its previous unoccupied, natural condition. The start of the 24-month timeframe begins upon notification to the City by the owner/operator, or upon the initial inspection by the Building Official, whichever comes first.
2. 
Restoration.
If the City deems the abandoned RV park is public health or safety hazard after the 24 months have expired, the City may restore the property to its natural conditions and place a lien on the property to recover both restoration and administrative costs.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Purpose and Intent.
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this chapter was passed and amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to consider certain lots or land uses for manufactured homes in an Overlay District under conditional use criteria. Additionally, the purpose of the Manufactured Home Overlay (MHO) District is to provide for areas where manufactured homes may be placed on individual lots as a conditional use to assist with individual needs for a Primary Residence-Owner Occupied Premises. It is intended to provide areas and settings for a quality living environment for manufactured home residents and neighboring property owners.
B. 
Generally.
Manufactured homes within the Manufactured Home Overlay (MHO) District shall comply with, but not limited to, Section 14.402, Conditional Uses Permits, in addition to those standards that may be applicable in Section 4.203, Manufactured Home Park or Subdivision, Section 10.103, Manufactured Home Unit Standards, and in Section 12.107, Nonconforming Manufactured Homes, Table 2.102, Residential and Commercial Uses of the Home, Table 2.202, Residential Limited and Conditional Use Standards, Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts, Table 3.204A, Lot and Building Standards for NT-R5 Lots and Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.
C. 
Standards and Criteria.
A manufactured home proposed to be located within a Manufactured Home Overlay (MHO) District shall be considered under Conditional Use Permit criteria, Section 14.402, Conditional Uses Permits, in addition to and provided that:
1. 
Proof of satisfaction for all taxes and liens is to be provided with a Conditional Uses Permit application.
2. 
Each manufactured home shall be placed with a model constructed no greater than five years from the date of the proposed placement.
3. 
Each manufactured home is to be considered as a primary, owner occupied residence. Proof of ownership by deed is required under permit procedures and utilities are to be maintained in the same proven ownership, upon initial placement and subsequent transfer of ownership.
4. 
The manufactured home must meet the minimum standards as a HUD manufactured home unit in accordance with the Manufactured Home Construction and Safety Standards (HUD Code) for the state of Texas.
5. 
The manufactured home must display a certification label on the exterior of each transportable section.
6. 
The manufactured home is attached to and installed on a permanent foundation and the provisions of the Unified Development Code Section 10.103, Manufactured Home Unit Standards and Table 3.202, Lot and Building Standards for Neighborhood Conservation Subdistricts or Table 3.204A, Lot and Building Standards for NT-R5 Lots setbacks, as well as design standards set forth in Section 4.203, Manufactured Home Park or Subdivision are complied with.
7. 
The wheels, tongue, and traveling lights must be removed within 15 days after the manufactured home is placed on the lot.
8. 
Required skirting is affixed to the manufactured home, pursuant to Section 10.103, Manufactured Home Unit Standards, (E).
9. 
Provision of two (2) off-street improved parking spaces required in connection with the placement of the manufactured home, pursuant to Table 5.101A, Residential and Commercial Use of the Home Parking Requirements.
10. 
Required landscaping, screening and fencing of the side and rear yards shall consist of fence and a 3-foot planting area. Provided plant options available in the attached Appendix A Plant Lists, see also Section 11.103, Fencing and Walls.
11. 
The proposal must comply with all other development standards of the underlying zoning district.
D. 
Applicability of additional regulations.
Permitted uses within the Manufactured Home Overlay (MHO) District include all uses in the underlying zoning district. All structures are required to meet the applicable design and setback standards.
E. 
Permit procedures.
A request for a manufactured home within a Manufactured Home Overlay (MHO) District shall be processed in accordance with the building permit application entitled MHO Building Permit and other applications, as required. The permit request will be reviewed for compliance with the standards and criteria of this section by the Building Official. Fees and additional applications as shown, but are not limited to, as follows:
1. 
City of Cuero House Move Permit application;
2. 
City of Cuero Manufactured Home Placement application;
3. 
City of Cuero MEP Permit application, for the required connection of water and electric utilities.
F. 
Design Standards:
Manufactured homes placed in the Manufactured Home Overlay (MHO) District are required to meet the design standards set forth in Section 10.103, Manufactured Home Unit Standards.
(Ordinance 2016-13, sec. 1, adopted 7/19/16)
A. 
Purpose and Intent.
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this chapter was passed and amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to consider certain lots or land uses for Bed and Breakfast Home or Inn (Overnight Accommodations) establishments under Conditional Use Permit application and criteria. It is intended to provide areas and settings for a quality living environment for Bed and Breakfast establishments and neighboring property owners.
B. 
Generally.
Bed and Breakfast establishments shall comply with, but not be limited to, Section 14.402, Conditional Uses Permits and Section 4.206, Bed and Breakfast Home or Inn, in addition to those standards that may be applicable in Table 2.102, Residential and Commercial Uses of the Home, Table 2.203, Commercial Use of the Home Limited and Conditional Use Standards, Table 5.101A, Residential and Commercial Use of the Home Parking Requirements and Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses.
C. 
Standards and Criteria.
Bed and Breakfast Homes are allowed in an NC Neighborhood Conservation or NT Neighborhood Transition Zoning District, if it is demonstrated that:
1. 
Overnight accommodations (lodging) shall occur in the existing primary residence by the issuance of a Conditional Use Permit;
2. 
The minimum gross habitable floor area for a non-owner occupied Bed and Breakfast Home is 800 square feet. For an owner occupied Bed and Breakfast Home, the minimum gross habitable floor area is 1,200 square feet, with a minimum of two bedrooms each with a dedicated bathroom provided;
3. 
No entrance is specifically dedicated for the Bed and Breakfast Home, unless otherwise required by law;
4. 
Proposed external alterations, construction or reconstruction of the dwelling unit to accommodate the Bed and Breakfast Home is to be considered under Conditional Use Permit review;
5. 
There shall be no outdoor display or storage of goods, materials, merchandise, or equipment related to the Bed and Breakfast Home that is visible from the exterior of the dwelling unit;
6. 
Meals are provided to residents and overnight guests only (e.g. not to function as a commercial kitchen for non-residents or guest);
7. 
Small private events for groups of 20 or more in Bed and Breakfast Homes are allowed only by the issuance of a Special Event Permit, see Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses;
8. 
All off-street parking complies with the provisions set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements, and may require privacy screening from adjacent properties with a Type A buffer yard, see Section 7.302, Required Buffer yards, to be determined under Conditional Use Permit review;
9. 
Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that is affixed securely and flat against a wall of the home;
10. 
The business is 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;
11. 
The Bed and Breakfast Home 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;
12. 
The home is inspected by the Building Official and Fire Marshal, with a written record indicating that the home meets all applicable building and fire codes prior to occupancy as a Bed and Breakfast Home; and
13. 
The proposal must comply with all other development standards of the underlying zoning district.
D. 
Standards and Criteria.
Bed and Breakfast Inns are allowed in a C-1 Commercial, General or C-2 Central Business District Zoning District, if it is demonstrated that:
1. 
Overnight accommodations (lodging) shall occur in the existing primary residence and may occur in a guesthouse or accessory dwelling by the issuance of a Conditional Use Permit;
2. 
The minimum gross habitable floor area is 1,200 square feet, with a minimum of one main and one separate guest bathroom provided;
3. 
Meals are provided to residents and overnight guests only (e.g. not to function as a commercial kitchen for non-residents or guest);
4. 
Small private events for groups of 40 or more in Bed and Breakfast Inns are allowed only by the issuance of a Special Event Permit, see Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses;
5. 
The principal use of the Bed and Breakfast Inn is for temporary or overnight accommodations with an accessory use for catering of small private events, as established under a Conditional Use Permit; the preparation of food for catering of small private events is allowed under a Conditional Use Permit, provided ample parking is contained on-site or other arrangements are made to meet the parking needs of the event, when necessary;
6. 
All off-street parking complies with the provisions set out in Table 5.101A, Residential and Commercial Use of the Home Parking Requirements, and may require privacy screening from adjacent properties with a Type B buffer yard, see Section 7.302, Required Buffer yards, to be determined under Conditional Use Permit review;
7. 
Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that is affixed securely and flat against a wall of the home, and/or a freestanding sign placed no greater than 6 feet from the Bed and Breakfast Inn dwelling unit and no greater than four feet in height and four feet in area. Compliance with other criteria as set out in Article 9 Sign of the Unified Development Code;
8. 
The business is 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;
9. 
The Bed and Breakfast Inn 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;
10. 
The home is inspected by the Building Official and Fire Marshal, with a written record indicating that the home meets all applicable building and fire codes prior to occupancy as a Bed and Breakfast Inn; and
11. 
The proposal must comply with all other development standards of the underlying zoning district.
E. 
Applicability of additional regulations.
All structures are required to meet applicable state, local and international codes, where applicable. Bed and Breakfast Home and Inn establishment owners shall also 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 § 228.223 - Bed and Breakfast.
F. 
Permit procedures.
Once a Conditional Use Permit application has been submitted to the Planning and Zoning Department and received approved [approval] by the Planning and Zoning Commission and City Council, a request for a Bed and Breakfast Home or Inn shall be processed in accordance with the building permit application entitled Bed and Breakfast Compliance Permit-Registry application. The permit request will be reviewed for compliance with the standards and criteria of this section by the Building Official. Fees and additional applications as shown, but are not limited to, as follows:
1. 
Conditional Use Permit application;
2. 
Bed and Breakfast Compliance Permit—Registry application.
(Ordinance 2016-25, sec. 1, adopted 1/11/17)