A. 
Generally.
It is the intent of the City Council to respect property owners’ expectations regarding the continuation of their existing uses and improvements which were lawfully established prior to the effective date of this UDC as provided in this Section and in Article 12, Nonconformities.
B. 
Use for Designed Purpose Protected.
The rights of landowners to use improvements on private property for the use for which the improvements were originally intended, designed, and approved pursuant to City regulations then in place is hereby recognized, regardless of the subsequent application of a new zoning district to the property.
C. 
Restoration of “Conforming Use” Status.
It is the intent of the City Council to create additional rights with respect to existing buildings and land uses. To this end, Article 12, Nonconformities, sets out standards by which:
1. 
Many nonconforming uses may be made “conforming” through a conditional use permit review process; and
2. 
Many nonconforming improvements (e.g., buildings, parking, signs, etc.) may be brought into compliance over time to avoid disproportionate financial burdens on landowners who want to upgrade their properties, but cannot reasonably be expected to bring the properties into full compliance all at once.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Each application that is processed under this UDC shall be evaluated only according to the duly adopted ordinances and technical regulations in effect at the time that the complete application is submitted. If the application is approved, then it is a development right for the duration of the approval (see Division 14.200, Standardized Development Approval Procedures).
B. 
Consent Required for Retroactive Application of Amendments to Pending Applications.
If this UDC is adopted or amended during the time that a complete application for a development permit is pending, then the portions of the UDC which were effective after the date of submittal of a complete application may be applied to the pending application only if the applicant’s request for the retroactive application of the amendments is of record in the application file or a related hearing transcript.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Any violations of previous versions of the City of Cuero zoning, subdivision, and development regulations shall continue to be a violation under this UDC and shall be subject to the penalties and enforcement set out in Division 15.100, Enforcement and other applicable City ordinances.
B. 
Fines and Penalties.
Payment of fines shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this UDC.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Conditions of development approvals that were granted prior to the effective date remain in force, regardless of the standards of this UDC.
B. 
Modification or Elimination of Conditions.
Conditions of approvals that were imposed prior to the effective date may be modified or eliminated pursuant to new applications that meet the procedures and standards of this UDC.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
The UDC does not change or override private restrictions on property. The UDC will be enforced on property that is subject to private restrictions in the same manner as other properties. The City’s obligations and policies about existing private restrictions are set out in this Section.
B. 
No Duty to Search for Private Restrictions.
The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this UDC, the City will enforce only its own regulations.
C. 
No Duty to Interpret Private Restrictions.
1. 
The City will not interpret or apply private restrictions unless it is a party to them and as a party, it determines that interpretation is necessary.
2. 
When the City zones or rezones property or otherwise issues a permit such action shall not be considered an interpretation regarding existing private restrictions to which the City is not a party.
3. 
Parties to private covenants who seek permits from the City which are inconsistent with their private covenants do so at their own risk that the covenants may be enforced by other private parties who may have standing to file suit.
D. 
No Duty to Enforce Private Restrictions.
The City will not generally seek to enforce private restrictions. The City may become involved in the enforcement of private restrictions only if:
1. 
The City is a party to or has an explicit right of enforcement set out in the restrictions; and
2. 
The City Council finds that it is likely to have legal standing to enforce the private restrictions.
E. 
Most Restrictive Standards Apply.
Where the provisions of this UDC and private restrictions overlap, the most restrictive provision shall apply.
(Ordinance 2015-30 adopted 10/30/15)