A. 
Generally.
As set out by Section 14.102, Administrative Permits and Approvals, administrative permit applications for development approval are reviewed by the Building Official for compliance with the substantive provisions of this UDC in accordance with this Section.
B. 
Application.
Applications for approval of an administrative permit shall be on a form approved by the Building Official.
C. 
Procedure.
Applications for administrative permits are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.205, Administrative Review and Referral, and shall be referred to other departments and agencies and then decided by the Building Official.
D. 
Site or Land Clearing Permits.
1. 
Required.
A site plan or land clearing permit is required when any of the following, but not limited to the following, exist:
a. 
Tree removal in excess of three protected trees within a one calendar year period.
b. 
Any excavation, fill, or land disturbing activity involving an earthwork volume greater than 10 cubic yards.
c. 
Construction, paving, or repaving of any driveway, private street, parking lot, sidewalk, or path.
d. 
Construction of any paved or improved hard surface larger than 100 square feet in area.
e. 
Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
f. 
Installation of any exterior lighting for any site or use except single-family detached and duplex dwelling units.
2. 
Permit Conditions.
All site plan or land clearing permits are issued upon the following conditions:
a. 
The applicant shall notify the Building Official at least five days before beginning any land disturbing activity;
b. 
The applicant shall install and maintain all erosion control measures;
c. 
The applicant shall maintain all road drainage systems, stormwater drainage systems and other facilities;
d. 
The applicant shall remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses;
e. 
The applicant shall allow the Building Official or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with approved permit; and
f. 
The applicant shall submit a revised site plan or land clearing permit for approval if the nature of the project changes from that proposed under the approved permit.
3. 
Decision Criteria.
A site plan permit shall be issued if the Building Official finds that:
a. 
All applicable requirements of this UDC have been met; and
b. 
If any state or federal approvals are required, said approvals have been granted.
E. 
Tree Removal Permits.
1. 
Required.
An administrative tree removal permit is required for the removal of more than three protected trees within a one calendar year period.
2. 
Additional Application Requirements.
In addition to the requirements established by the Building Official for all administrative plans and permits, applications for an administrative tree removal permit shall be accompanied by a tree location map and site plan showing, at a minimum, the following:
a. 
The location of all buildings, structures, and other improvements that are proposed;
b. 
The limits of the construction lines shall be shown as applicable;
c. 
The location of trees to be removed, located by measurements from the two nearest property lines and assigned a reference number cross-referenced in tabular form;
d. 
The caliper and common name of all protected trees; and
e. 
Any required replacement trees, shown with caliper size and the common name and scientific name of the tree. The scientific name will include Genus and species (e.g., Ulmus Americana).
3. 
Decision Criteria.
An administrative tree removal permit shall be approved by the Building Official if it is demonstrated that:
a. 
Removal of the tree is reasonably required in order to conduct anticipated activities; or
b. 
A reasonable accommodation cannot be made to preserve the tree.
c. 
Generally, permits for tree removal shall be issued in connection with a building permit, or upon approval of a site or land clearing permit, and shall be valid for the period of that building permit’s or site permit’s term. Permits for tree removal not issued with a building permit or a site permit are void 180 days after the issue date on the permit
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
As set out by Section 14.102, Administrative Permits and Approvals, administrative use permit applications for development approval are reviewed by the Building Official for compliance with the substantive provisions of this UDC in accordance with this Section.
B. 
Application.
Applications for approval of an administrative use permit shall be on a form approved by the Building Official.
C. 
Procedure.
Applications are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.205, Administrative Review and Referral, and shall be referred to other departments and agencies and then decided by the Building Official.
D. 
Zoning Clearance Permits, Permitted and Limited Uses.
1. 
Required.
A zoning clearance permit is an administrative procedure in which the Building Official verifies that an application for development approval of a permitted or limited use, or a building or structure that is permitted without site plan approval, complies with the requirements of this UDC. In addition, a zoning clearance permit is required as a pre-condition to establishment of or changes in use, as well as redevelopment, or substantial improvement of an existing building or structure.
2. 
Decision Criteria.
The Building Official shall approve or deny the application based on the following.
a. 
Zoning clearance permits for permitted uses shall be approved if it is demonstrated the parcel proposed for development meets the applicable substantive requirements of this UDC.
b. 
Zoning clearance permits for limited uses shall be approved if it is demonstrated that the parcel proposed for development meets the applicable substantive requirements of this UDC, including the applicable additional standards that are set out in [sic] for specific limited uses as set out in Division 2.200, Limited and Conditional Use Standards.
c. 
Zoning clearance permits may be issued simultaneously with building permits or other required permits.
E. 
Temporary Use Permits.
1. 
Required.
a. 
Administrative approval of temporary use permits are applicable to public, commercial, and neighborhood events, as set out in Section 2.106, Temporary Uses.
b. 
Proposed temporary uses that are designated as “T” in Table 2.106, Temporary Uses, shall be processed as a conditional use permit as set out in Section 14.402, Conditional Use Permits.
2. 
Decision Criteria.
The Building Official shall approve, approve with conditions, or deny the application depending on how it meets the applicable substantive requirements of this UDC, particularly those specified for the proposed use in Section 2.106, Temporary Uses and Section 2.210, Temporary Permitted, Limited, and Temporary Conditional Use Standards.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
As set out by Section 14.102, Administrative Permits and Approvals, administrative environmental permit applications (i.e., floodplain development permits and drainage permits) for development approval are reviewed by the Building Official for compliance with the substantive provisions of this UDC in accordance with this Section.
B. 
Application.
Applications for approval of an environmental permit shall be on a form approved by the Building Official.
C. 
Procedure.
Applications are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.205, Administrative Review and Referral, and shall be referred to other departments and agencies and then decided by the Building Official.
D. 
Floodplain Development Permit.
1. 
Required.
All development proposed within a special flood hazard area and all development constructed, installed, commenced, improved or maintained within a special flood hazard area after the effective date (to the extent permitted by this UDC), is required to obtain a floodplain development permit from the Floodplain Administrator in accordance with the procedures established in this Section.
2. 
Additional Application Requirements.
In addition to the requirements established by the Building Official for all administrative plans and permits, applications for a floodplain development permit shall be accompanied by plans drawn to scale showing location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
a. 
Elevation (in relation to mean sea level) of the lowest floor, including basement, of all new and substantially improved structures;
b. 
Elevation (in relation to mean sea level) to which any nonresidential structure will be floodproofed;
c. 
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of Section 6.203, Standards for Flood Hazard Reduction;
d. 
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
3. 
Decision Criteria.
Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all applicable provisions of Division 6.200, Floodplain Management and Flood Damage Prevention, and the following relevant factors:
a. 
The danger that materials may be swept onto other lands to the injury of others;
b. 
The danger to life and property due to flooding or erosion damage;
c. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. 
The compatibility of the proposed use with existing and anticipated development;
e. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. 
The costs of providing governmental service during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sanitary sewer, gas, electrical and water systems;
g. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
h. 
The necessity to the facility of a waterfront location, where applicable;
i. 
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
j. 
The relationship of the proposed use to the Cuero Comprehensive Plan.
E. 
Floodplain Development Variance.
In coordination with the Development Review Committee (DRC), the Floodplain Administrator shall decide appeals and requests for variances from Division 6.200, Floodplain Management and Flood Damage Prevention.
1. 
Exceptions and Limitations.
The application of this Section is subject to the following exceptions and limitations:
a. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section and applicable sections of Division 6.200, Floodplain Management and Flood Damage Prevention.
b. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
c. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result, unless the requirements of 44 CFR Part 65, Section 12 are met.
2. 
Prerequisites for Granting Variances.
a. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
b. 
Variances shall only be issued upon:
i. 
Showing a good and sufficient cause;
ii. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
iii. 
A determination that the granting of a variance will not result in increased flood heights, unless:
a. 
The standards of 44 CFR Part 65, Section 12 are met;
b. 
There are no additional threats to public safety;
c. 
There will be no extraordinary public expense;
d. 
The variance will not create a public nuisance;
e. 
There is no fraud on or victimization of the public; and
f. 
There is no conflict with other applicable laws or ordinances.
iv. 
Any applicant to whom a variance is granted shall be given written notice of the consequence to the variance (e.g., increase in flood insurance requirements, FEMA map revision, and/or easements from other property owners).
v. 
Variances may be issued for new construction and substantial improvements or damage repairs in special flood hazard areas and for other development necessary for the conduct of a functionally dependent use provided that:
a. 
The criteria outlined in Division 6.200, Floodplain Management and Flood Damage Prevention, are met;
b. 
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety;
c. 
There is no increase in footprint from the existing structure for requests related to substantial improvement or substantial damage request in the special flood hazard area; and
d. 
No new habitable structures are placed within the special flood hazard area.
3. 
Decision Criteria.
a. 
In approving floodplain variance requests, the Floodplain Administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of Division 6.200, Floodplain Management and Flood Damage Prevention, and all of the following:
i. 
The danger that materials may be swept onto other lands to the injury of others;
ii. 
The danger to life and property due to flooding or erosion damage;
iii. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv. 
The compatibility of the proposed use with existing and anticipated development;
v. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
vi. 
The importance of the services provided by the proposed facility to the community;
vii. 
The necessity to the facility of a waterfront location, where applicable;
viii. 
The availability of alternative locations, for the proposed use that are not subject to flooding or erosion damage;
ix. 
The relationship of the proposed use to the Cuero Comprehensive Plan and floodplain management program for that area;
x. 
The impacts of such requests on other properties; and
xi. 
In the case of substantial improvements and repairs to existing structures, the continued reasonable economic use of the property.
b. 
The Floodplain Administrator shall interpret these criteria in a way that strongly discourages filling within the flood fringe.
4. 
Conditions of Approval.
Upon consideration of the factors noted above and the intent of this [sic] Section 6.201C., Purpose, the Floodplain Administrator may attach such conditions to the granting of variances as it deems necessary to further [the] purpose and objectives of this Section and of Division 6.200, Floodplain Management and Flood Damage Prevention.
5. 
Notification.
Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
6. 
Annotation and Recording.
Floodplain variance approvals shall be recorded by the Floodplain Administrator at the applicant’s expense. Upon recording, the Floodplain Administrator shall annotate the official zoning map with the case number of the floodplain variance. The Floodplain Administrator shall maintain a record of all variances and shall report them, upon request, to FEMA.
F. 
Drainage Plan Permit.
1. 
Required.
Every proposed development must have a drainage system that shall be designed by a registered engineer and constructed by the developer or subdivider, who shall design and construct the drainage facilities to retain/detain stormwater to provide a 10 percent reduction in runoff from pre-construction conditions. The design considerations for the drainage system are set out in Section 8.302B, Stormwater Management, Drainage, and Low Impact Development.
2. 
Additional Procedure.
a. 
A drainage report and plans shall be prepared by a registered engineer engaged by the developer or subdivider for any land that is proposed to be subdivided, developed, improved, or used to build any residential or nonresidential development or subdivision. The study and report shall be submitted to the Building Official, together with subdivision or site plan applications and the fee(s) established by the City Council.
b. 
The Building Official shall transmit the drainage study and report to the City Engineer and other applicable review, approval, or implementing agencies.
c. 
Prior to authorization of any building permit, the City Engineer shall review and approve the drainage report and plans as set out in Section 8.302B, Stormwater Management, Drainage, and Low Impact Development. The City Engineer shall have final authority of engineer interpretations of all required submittals necessary to this UDC, and shall report the findings to the Building Official for appropriate action regarding the subdivision or site plan applications.
d. 
Sufficient inspections shall be made to ensure compliance with the specifications set out in this UDC and other applicable regulations and ordinances. A registered engineer, employed by the developer or subdivider and approved by the City Engineer, may certify in writing to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this UDC and all other applicable regulations and ordinances of the City, as well as other applicable review, approval, or implementing agencies. The City Engineer shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance.
3. 
Enforcement.
No zoning clearance permit or building permit shall be issued for any new building or development without a written statement from the City Engineer stating that the storm drainage facilities and improvements meet all of the requirements of this UDC and other applicable regulations and ordinances.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
As set out by Section 14.102, Administrative Permits and Approvals, administrative miscellaneous permit applications (i.e., sign, building, fence, certificate of occupancy, and RV park licenses) for development approval are reviewed by the Building Official for compliance with the substantive provisions of this UDC in accordance with this Section.
B. 
Application.
Applications for approval of a miscellaneous administrative permit shall be on a form approved by the Building Official.
C. 
Procedure.
Applications are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.205, Administrative Review and Referral, and shall be referred to other departments and agencies and then decided by the Building Official.
D. 
Sign Permits.
1. 
Required.
A sign permit is required by Section 9.101, General Provisions [sic], and is an administrative procedure in which the Building Official verifies that an application for approval of a sign complies with the requirements of Article 9, Signs.
2. 
Decision Criteria.
a. 
If a proposed sign meets all of the standards of Article 9, Signs, and all other applicable standards of this UDC, then the Building Official shall issue the sign permit.
b. 
Sign permits may be issued simultaneously with building permits or other required permits.
E. 
Building Permits.
1. 
Required.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit, issued by the Building Official. Nor shall any man-made change begin on improved or unimproved real estate including, but not limited to, mining, dredging, filling, grading, paving excavations, or drilling operations, without a permit, issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this UDC and applicable building code except after written order from the Zoning Board of Adjustment or Building Board of Adjustment and Appeals. Procedure shall be according to the procedures set out in the applicable international building code (as set out in the Cuero Code of Ordinances, which is amended from time to time) and this Section.
2. 
Additional Application Requirements.
All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and for the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Official including existing or proposed building or alteration; existing rental units the building is designated to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for enforcement of this UDC and building code.
3. 
Decision Criteria.
The Building Official issues building permits upon a finding that the proposed building or structure, or improvements to an existing building or structure, complies with:
a. 
Approved plans for development (e.g., site plans), or in the absence of a requirement for previously approved plans, this UDC (including but not limited to setbacks, building coverage, height, and design); and
b. 
All applicable international building codes, as set out in the Cuero Code of Ordinances.
4. 
Plans.
One copy of the plans shall be returned to the applicant by the Building Official after he or she has marked the copy as approved or disapproved and attested to same by his or her signature on the copy. The second copy of the plans, similarly marked, shall be retained by the Building Official.
5. 
Expiration.
a. 
If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit shall expire and be canceled by the Building Official. Written notice shall be given to the persons affected.
b. 
If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be canceled by the Building Official. Written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a special building permit has been obtained.
F. 
Fence or Garden Wall Permits.
1. 
Required.
A fence or garden wall permit is required for all new construction of fences or garden walls, and repair of existing fences or garden walls that includes the following:
a. 
Any part of the fence or garden wall is replaced with different materials (e.g., wood is replaced with masonry); or
b. 
The fence or garden wall is reconfigured in any way; or
c. 
The height of the fence or garden wall is increased.
2. 
Decision Criteria.
The Building Official issues fence or wall permits upon a finding that the proposed fence or wall complies with Section 11.103, Fences and Walls, and other applicable sections of this UDC.
G. 
Certificates of Occupancy.
1. 
Required.
A certificate of occupancy is required to certify that occupancy of the building is permitted.
2. 
Decision Criteria.
A certificate of occupancy is issued after a zoning clearance permit has been issued and the Building Official determines that all requirements of this UDC, conditions of approval, and applicable building code requirements are met.
H. 
Recreational Vehicle Park Licenses.
1. 
Required.
A recreational vehicle (RV) park license is required to operate an RV park.
2. 
Approval Criteria.
In districts where the use is conditional, review and approval by the Planning and Zoning Commission is required in accordance with Division 14.400, Public Hearing Procedures. In districts where the use is limited, RV park licenses may be issued administratively by the Building Official if it is demonstrated that the application meets the applicable substantive requirements of this UDC.
3. 
Expiration.
All RV park licenses expire on December 31st of every year.
4. 
Renewal.
Renewal applications are due no later than December 15th of any given year and shall:
a. 
Form.
Be made on a form approved by the Building Official; and
b. 
Changes.
Include any changes in information that have occurred since the original license was issued, or the latest renewal was granted.
5. 
Owner/Operator Transfer.
a. 
Notification.
The owner/operator who is designated on the RV park license shall give notice in writing to the Building Official within 10 days after having sold, transferred, given away, or otherwise disposed of interest or control (e.g., changing operators) of any RV park.
b. 
Review and Approval.
The City will review and approve the owner/operator change if the RV park has been brought in compliance with all standards set out in Section 4.204, Recreational Vehicle (RV) Parks, as required by Section 12.108, Nonconforming Recreational Vehicle (RV) Parks.
(Ordinance 2015-30 adopted 10/30/15)