A. 
Generally.
The Zoning Board of Adjustment may decide appeals of dispositive administrative decisions made during the processing of applications for approvals pursuant to this UDC, including asserted errors in any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer in interpreting the provisions of this UDC.
B. 
Applicability.
Appeals of administrative decision applications may be made by any person aggrieved or by an officer, department, or board of the City affected by any decision of the Building Official or other City staff person set out in Division 13.200, City Staff and Other Review Bodies, provided that:
1. 
The action by the administrative officer is dispositive with respect to the application or a material part of it;
2. 
There is no other specific appellate procedure provided for the application type in this UDC or in state law (e.g., the appeal is related to a building code requirement subject to the jurisdiction of the Building Board of Adjustment and Appeals, the action could be handled via the variance process, etc.); and
3. 
The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, nor to seek relief from an enforcement action.
C. 
Application.
Appeals of administrative decision applications shall be on a form approved by the Building Official. Such appeal shall be made within 15 days after the decision has been rendered by the administrative official. No appeal shall be heard if the application is untimely.
D. 
Procedure.
1. 
Applications for appeals of administrative decisions are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the Zoning Board of Adjustment, as set out in Section 14.103, Public Meeting and Hearing Approvals.
2. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in his or her opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Zoning Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
E. 
Decision Criteria.
1. 
The Zoning Board of Adjustment shall have the power to review the decision of the administrative official de novo, but shall not consider new evidence that was not available to the administrative official.
2. 
The Zoning Board of Zoning Adjustment shall render a final written decision within 30 days after conclusion of the public hearing for an appeal alleging error.
3. 
To support its decision and resolution of the questions and issues raised in the proceedings, the Zoning Board of Adjustment shall adopt findings of fact and may include mixed questions of law and fact.
F. 
Effect of Decision.
1. 
In determining an appeal alleging error, the Zoning Board of Adjustment may, as long as such action is in conformity with the terms of this UDC, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Building Official or administrative official from whom the appeal is taken.
2. 
The Zoning Board of Adjustment, in deciding any appeal alleging error, may prescribe such supplementary conditions, limitations and safeguards which are not in conflict with this UDC and which is deemed necessary to protect the public interest and neighboring properties. Such supplementary conditions, limitations and safeguards shall be made a part of the proceedings and shall be incorporated in the final decision.
G. 
Appeals of Zoning Board of Adjustment Decisions.
Recourse from written decisions of the Zoning Board of Adjustment shall be filed within 10 days to the courts as set out in Section 211.011, Judicial Review of Board Decision, of the Tex. Local Gov’t Code.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
A conditional use is a use that is allowed within a zoning district, but which is subject to specific standards and a public hearing process in order to reduce the potential for incompatibility with other uses within the district. These uses commonly have the potential for various adverse impacts such as traffic congestion, noise, visual and aesthetic impacts, which if unmitigated, could undermine the integrity of the zoning district. The designation of a conditional use means that it is only allowed in a proposed location if all of the conditions applicable to the use, set out in Division 2.200, Limited and Conditional Use Standards, the criteria of subsection D., below, and all of the other applicable requirements of this UDC, or additional conditions imposed by the City Council, are met.
B. 
Application.
Applications for a conditional use permit shall be on a form approved by the Building Official.
C. 
Procedure.
1. 
In issuing a conditional use permit, applications are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Planning and Zoning Commission, as set out in Section 14.103, Public Meeting and Hearing Approvals. Approval.
2. 
In reviewing a conditional use application, the Planning and Zoning Commission may approve, approve with conditions, or deny the application in accordance with the following:
a. 
Approval with conditions requires the resubmission and approval of a revised plan, subject to the conditions or stipulations of the Commission. Failure to submit a revised plan that meets the conditions of approval within two months of the date of written notice to the applicant shall be deemed a withdrawal of the submission. A withdrawal will be noted as a denial of the application at the next scheduled Planning and Zoning Commission meeting. An applicant may request in writing, and may be granted additional time to make the necessary modifications if the request is made within 30 calendar days of the date of written notice to the applicant.
b. 
Approval without conditions requires written findings that the plan meets all of the standards of this UDC.
c. 
Denial of an application requires written findings as to the reasons for denial.
D. 
Decision Criteria.
After a public hearing and recommendation by the Planning and Zoning Commission, the City Council may authorize the issuance of a conditional use permit when the City Council finds all of the following conditions present.
1. 
That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, morals, or general welfare;
2. 
That the uses, values and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;
3. 
That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
4. 
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
5. 
That adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and
6. 
That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.
E. 
Additional Conditions.
The Building Official and the Planning and Zoning Commission may recommend; and the City Council may attach; such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community; and to secure compliance with the standards and requirements specified in this Section. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
F. 
Effect of Decision.
1. 
The granting of a conditional use does not create a right to the use and the conditional use may be canceled at the City Council’s sole discretion.
2. 
No application for a conditional use that has been denied wholly or in part by the City Council shall be resubmitted for a period of six months from the date of said denial.
G. 
Legal Status of Approval.
Once an approval is granted, the plan shall not be modified in any manner without submitting a revised plan for approval by the Planning and Zoning Commission. The project must be built in accordance with the approved plan.
H. 
Annotation of Official Zoning Map.
If the application is approved, the official zoning map shall be annotated to reference the approval by case number.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The pattern book is a design guide for a specific development. It is submitted by the applicant to address the design and arrangement of individual buildings or dwellings. The pattern book ensures that the development will be attractive and harmonious. The pattern book:
1. 
Provides a palette of development styles and materials (e.g., addresses the design elements and not the use or intensity of development);
2. 
Provides details of streetscape design and landscaping; and
3. 
May provide for specific modifications of the requirements of this UDC in order to ensure that the development is a cohesive whole and meets stated design objectives.
B. 
Applicability.
An application for pattern book approval shall accompany all applications for approval of alternative subdivision and development design standards pursuant to Article 3, Residential and Nonresidential Development Yield, for any mixed housing neighborhood.
C. 
Application.
Applications for a pattern book shall be on a form approved by the Building Official, and shall include the following elements:
1. 
A map showing the general location of streets, private lots, and commonly owned areas (including but not limited to parks, drainage, and bufferyards), which shows the general locations of the subdistricts within the development, if any.
2. 
A description of each type of housing that is proposed, and for the mixed housing neighborhood.
3. 
Standards for lot dimensions for each type of housing, expressed either as lot width and lot depth or lot width and lot area. Such standards may be expressed as averages.
4. 
Standards for setbacks or build-to lines for front, street side, interior side, and rear lot lines, which may be different for principal buildings and accessory buildings. Such standards may be presented in tabular or illustrated format.
5. 
Standards for setbacks or courtyards, if different from areas between required setback lines and lot lines.
6. 
Standards for the design of each type of building that is proposed in the development, which shall include:
a. 
Architectural style/typology;
b. 
Typical architectural elements for each style/typology; and
c. 
Typical building materials for each style/typology.
7. 
A collection of illustrative elevations for each architectural style/typology, with standards that will ensure diversity of architectural presentation; or a collection of proposed elevations for each architectural style/typology, which demonstrates diversity of architectural presentation.
8. 
Standards for fences and garden walls, if different from those set out in Section 11.103, Fences and Walls.
9. 
Standards for accessory buildings, if different from those set out in Section 11.101, Accessory Buildings and Structures.
D. 
Procedure.
Pattern books are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Planning and Zoning Commission, as set out in Section 14.103, Public Meeting and Hearing Approvals.
E. 
Decision Criteria.
1. 
The City Council may approve, approve with conditions, or deny an application for a pattern book depending how it conforms to the objectives set out in Article 3, Residential and Nonresidential Development Yield.
2. 
Conditions of approval of a pattern book shall not be used to:
a. 
Limit density, intensity, amount of open space, or land use in a manner that is different from the requirements of this UDC; or
b. 
Address the design of the development in ways that are covered in the site plan review. The pattern book approval shall defer any overall plan layout issues (other than placement of buildings on individual lots or requested variations to the area or width of lots) to be addressed in the site plan approval.
F. 
Effect of Decision.
Pattern books may be approved, approved with conditions, or rejected.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
A rezoning is the change of the zoning classification on the official zoning map that applies to a lot or parcel proposed for development.
B. 
Application.
1. 
Applications for a rezoning shall be on a form approved by the Building Official and may be initiated by:
a. 
Motion of the City Council;
b. 
Motion of the Planning and Zoning Commission; or
c. 
Petition of the owner or owners of the property which is the subject of the proposed zoning change.
2. 
The Building Official may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of the rezoning application. Such information shall be related to the scale, location, and impacts of the rezoning application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of traffic (trip generation), drainage (flooding), visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.
C. 
Procedure.
Rezonings are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be decided by the City Council after recommendation of the Planning and Zoning Commission, as set out in Section 14.103, Public Meeting and Hearing Approvals, including the following:
1. 
Staff Review.
The Building Official shall review each proposed rezoning in light of the approval criteria of subsection D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Building Official shall provide a report and recommendation to the Planning and Zoning Commission.
2. 
Planning and Zoning Commission Recommendation.
a. 
The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning. Following the hearing, the Planning and Zoning Commission shall make a final report to the City Council.
b. 
The Planning and Zoning Commission may defer its report for not more than 60 days to the City Council. If the Planning and Zoning Commission fails to finally report after 60 days to City Council, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Council hearing within the confines of Section 14.206, Public Notice.
c. 
Upon receiving the report of the Planning and Zoning Commission, the City Secretary or City Attorney shall draft an ordinance and forward the ordinance to the City Council for consideration.
D. 
Decision Criteria.
The City Council may approve an application for a rezoning after recommendation by the Planning and Zoning Commission if:
1. 
The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Cuero Comprehensive Plan or another adopted land use or area plan, including but not limited to small area or redevelopment plans;
2. 
The proposed zoning is consistent with the future land use plan of the Cuero Comprehensive Plan (a future land use plan amendment may be processed concurrently with the rezoning);
3. 
The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other public utilities, and the delivery of public services to the area in which the parcel proposed for a rezoning is located;
4. 
The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for a rezoning, and the parcel proposed for a rezoning has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDC, including parking and buffering requirements; and
5. 
The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.
E. 
Additional Conditions.
A request for a rezoning may be conditioned upon adherence to a site plan submitted by the applicant, which may limit the uses that are permitted on the site. The site plan may be processed concurrently with the rezoning request if it meets all the applicable requirements of this UDC.
F. 
Effect of Decision.
1. 
The City Council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Building Official and/or Planning and Zoning Commission:
a. 
Approve the rezoning by ordinance;
b. 
Approve the rezoning by ordinance with modifications (e.g., change the zoning on a designated portion of the property or change the zoning to another designation);
c. 
Deny the rezoning; or
d. 
Refer the proposed rezoning back to the Planning and Zoning Commission for further consideration.
2. 
No application for rezoning shall be considered within six months of denial of a request by the City Council for the same classification on the same property.
G. 
Protest Against Rezoning.
In case of a protest against a rezoning, signed by the owners of 20 percent or more either of the land included in such proposed rezoning, or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The City Council may amend the text of this UDC in accordance with the procedures set out in this Section and Section 14.103, Public Meeting and Hearing Approvals, to implement the Cuero Comprehensive Plan, as may be amended from time to time, conform to state or federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City.
B. 
Initiation of Amendment.
Petitions to amend the text of this UDC shall be made to the Building Official. The City Council and any other body that is described in Article 13, Administrative Bodies, may initiate an amendment by motion.
C. 
Procedure.
Text amendments are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be decided by the City Council after recommendation of the Planning and Zoning Commission, as set out in Section 14.103, Public Meeting and Hearing Approvals, including the following:
1. 
Staff Review.
The Building Official shall review each proposed amendment in light of the approval criteria of subsection D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Building Official shall provide a report and recommendation to the Planning and Zoning Commission.
2. 
Planning and Zoning Commission Recommendation.
a. 
The Planning and Zoning Commission shall hold a public hearing on the proposed text amendment. Following the hearing, the Planning and Zoning Commission shall make a final report to the City Council.
b. 
The Planning and Zoning Commission may defer its report for not more than 60 days to the City Council. If the Planning and Zoning Commission fails to finally report after 60 days to City Council, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Council hearing within the confines of Section 14.206, Public Notice.
c. 
Upon receiving the report of the Planning and Zoning Commission, the City Secretary or City Attorney shall draft an ordinance and forward the ordinance to the City Council for consideration.
D. 
Decision Criteria.
Recommendations and decisions regarding petitions to amend the text of this UDC are legislative in nature, but shall be based on consideration of all the following criteria:
1. 
The proposed amendment will help to implement the adopted Cuero Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Cuero Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Cuero Comprehensive Plan when compared to the existing UDC.
2. 
The proposed amendment is consistent with the stated purposes of this UDC.
3. 
The proposed amendment will maintain or advance the public health, safety, or general welfare.
4. 
The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
5. 
The proposed amendment will advance the strategic objectives of the City Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.
E. 
Effect of Decision.
Upon receipt of the final report from the Planning and Zoning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in subsection D., above. The City Council also may refer the proposed amendment back to the Planning and Zoning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.
F. 
No Retroactive Cure of Violations.
The amendment of the text of this UDC may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this UDC.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The variance process is intended to provide limited relief from the requirements of this UDC in those cases where strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this UDC.
B. 
Applicability.
Additional variances that are within the jurisdiction of the Zoning Board of Adjustment, and are therefore, subject to this Section include:
1. 
Building Code Variances.
Building code variances (variances to the requirements of adopted international building codes which are set out in the Cuero Code of Ordinances). Variances to the requirements of the adopted building code are under the purview of the Building Board of Adjustments and Appeals.
2. 
Variances to Imposed Conditions of Approval.
Variances from the terms of one or more conditions of approval imposed by an administering body described in Article 13, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
3. 
Variances Regarding Nonconformities.
Variances that would have the effect of make [making] existing nonconforming or illegal construction (buildings and structures), site improvements, parking, or landscaping conforming. Nonconforming situations are subject to the requirements of Article 12, Nonconformities.
4. 
Floodplain Variances.
Variances to the requirements of Division 6.200, Floodplain Management and Flood Damage Prevention, which are handled by the Building Official, in consultation with the City Engineer (see Section 14.303, Environmental Permits).
5. 
Use Variances.
Variances shall not be used to allow a use in a zoning district in which the use is prohibited or which would constitute a change in district boundaries (i.e., variances to Article 2, Land Use).
6. 
Conditional Use Variances.
Variances shall not be used to modify any requirements that are set out in Division 2.200, Limited and Conditional Use Standards, with respect to an application for conditional use approval.
7. 
Variances to Other Laws or Regulations.
State and/or federal laws and/or regulations may not be varied by the City unless such authority is expressly granted to the City.
C. 
Application.
1. 
Applications for a variance shall be on a form approved by the Building Official.
2. 
It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a variance in convincing fashion so that the Zoning Board of Adjustment may be satisfied that the request meets each of the criteria set out in subsection F., below.
D. 
Procedure.
Variances are processed according to the sequential steps set out in Section 14.202, Pre-Application Conference, through Section 14.207, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the Zoning Board of Adjustment, as set out in Section 14.103, Public Meeting and Hearing Approvals.
E. 
Additional Conditions.
The Zoning Board of Adjustment may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this Section, to reduce or minimize the effect of such variations upon other property in the neighborhood and to better carry out the general intent of this UDC.
F. 
Decision Criteria.
The Zoning Board of Adjustment may grant a variance from the strict application of this UDC if the variance is not prohibited by subsection B., above, and the Zoning Board of Adjustment makes findings based upon the evidence presented to it in each specific case that all of the following are demonstrated:
1. 
The variance is consistent with the policy directions of the Cuero Comprehensive Plan.
2. 
The variance will not permit an intensity of use of land that is not permitted in the applicable district; and
3. 
The variance will not permit a use of land, building, or structure that is not otherwise permitted in the applicable district;
4. 
The variance requested is the minimum variance that will make possible a permitted use of the land, building, or structure;
5. 
Granting of the variance will be in harmony with the general purpose and intent of this UDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
6. 
A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;
7. 
Granting the variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district;
8. 
The need for a variance or the extraordinary and exceptional conditions do not result from the actions of the applicant; and
9. 
There are extraordinary and exceptional conditions pertaining to the subject property because of its size, shape, or topography that are not applicable to other lands or structures in the same district.
G. 
Effect of Decision.
1. 
The Zoning Board of Adjustment may approve, approve with conditions, or deny a variance.
2. 
An application for a variance may be processed simultaneously with other required applications, and approval of the other applications may be a condition of approval of the variance. However, each application shall be processed on its own independent merits according to the standards applicable to the application.
3. 
All applicants requesting a variance from the provisions of this UDC shall be notified in writing of the final action taken by the Zoning Board of Adjustment.
4. 
An approved variance shall be accompanied by an order of the Zoning Board of Adjustment to direct the issuance of a permit within 10 business days.
H. 
Annotation of Official Zoning Map.
If the application is approved, the official zoning map shall be annotated to reference the approval by case number.
(Ordinance 2015-30 adopted 10/30/15)