A. 
Generally.
The purpose of the regulation to be interpreted must be determined so that the protection that it is intended to provide the public is enforced. Therefore, this UDC should be interpreted in the context of:
1. 
The general findings and purposes stated in Section 16.101, Title, Authority, Applicability and Purposes; and
2. 
The goals and policies of the Cuero Comprehensive Plan and Downtown Cuero Plan.
B. 
Word Usage, Acronyms, and Definitions.
Rules for construction of words and phrases, common acronyms, and defined words and phrases are set out in Part 6, Measurements and Words.
C. 
Illustrations.
Illustrations in this UDC are generally provided for explanatory purposes, and do not necessarily set out all options or alternatives for each standard in this UDC. Where an illustration appears to set out different substantive requirements than the text of this UDC, the text of this UDC shall control.
D. 
Cross-References.
Hyperlinked cross-references to internal provisions within the UDC (e.g., between Parts, Articles, Divisions, Sections, and subsections) and external documents and regulations (e.g., Tex. Local Gov’t Code and Cuero Comprehensive Plan) are provided to increase the ease of use in complying with the intended regulations. Where a conflict exists between a given cross-reference (e.g., number or hyperlinked location) and the name of the cross-reference, the name shall control.
E. 
Quantifiable or Numeric Standards.
If the section to be interpreted has a quantifiable standard, no interpretation can result in a reduction of the standard. Standards listed as maximums shall be interpreted to allow any number equal to or lesser than the maximum standard listed. Standards listed as minimums shall be interpreted to allow any number equal to or greater than the minimum standard listed. By way of example, if the maximum density is listed as 3.0 units per acre, then it cannot be interpreted to allow 3.2 units per acre as-of-right.
F. 
Qualitative Standards.
Non-numeric standards shall be construed in favor of the element being projected unless there is sufficient evidence to indicate that the alternative language will protect the public as well as provide the landowner with other options.
G. 
Land Usage.
Interpretations of land uses shall be in accordance with Article 2, Land Use.
H. 
Signs; Substitution of Noncommercial Speech for Commercial Speech.
Notwithstanding anything contained in this UDC to the contrary, any sign erected pursuant to the provisions of this UDC, or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the allowable area of the sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that:
1. 
The sign is not a prohibited sign or sign type;
2. 
The frequency of changes to the message is not greater than is allowed for digital message centers (see Section 9.103, Message Centers); and
3. 
The size, height, setback, and other dimensional criteria contained in this UDC have been satisfied, or the sign is legally nonconforming.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
Any person may request an administrative interpretation of the terms, provisions, or requirements of this UDC if the application of the terms, provisions, or requirements are not obvious.
B. 
Intent and Applicability.
1. 
Intent.
a. 
It is the intent of the City Council that this UDC be accessible and clear to the residents, business owners, and landowners in the City, and that the spirit of Chapter 552, Public Information, Tex. Gov’t Code be observed. As such, City staff will provide:
i. 
Requested public records that are related to the administration and enforcement of this UDC.
ii. 
References to the standards that may be applied to individual uses, buildings, or structures; and
iii. 
General information to residents, business owners, and landowners with respect to the zoning districts that apply to property;
b. 
It is not the intent of the City Council that the Building Official, or designee, affirmatively evaluate the full development potential of individual properties or resolve other such detailed inquiries about specific properties or issues without a pending permit or approval application.
2. 
Applicability.
This Section applies to any request to interpret a provision of this UDC.
C. 
Process.
The interpretation is made by the Building Official, although the City is not obligated to render an interpretation. The interpretation is not subject to appeal, although related appeals may proceed as provided in this UDC (e.g., appeals of administrative decisions on applications which may be impacted by the interpretation). After an interpretation is issued, the Building Official may propose a text amendment to this UDC to codify the interpretation.
D. 
Application Requirements.
1. 
Applications for interpretations shall be submitted on a form approved by the Building Official.
2. 
The applicant shall cite the code provision for which interpretation is sought, a description of a hypothetical situation or scenario to which the application of this UDC is in question, and a statement of the nature of the interpretation sought.
E. 
Decision.
Within a reasonable period after the application for an interpretation is filed, the Building Official shall make a good faith effort to interpret the provision that is the subject of the application. The Building Official shall respond to the applicant in writing, and shall keep a copy of the response in a record of interpretations. The responsible official may consult with other City Staff and the City Attorney in drafting the interpretation.
F. 
Standards for Interpretations.
The interpretation shall be based on:
1. 
The materials or scenario posed by the applicant;
2. 
The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster’s Third New International Dictionary or other current and authoritative dictionaries;
3. 
The purpose statement for the UDC section that is subject to interpretation;
4. 
Any other provision of the Cuero Comprehensive Plan, the City of Cuero, Texas, Code of Ordinances, state law, or federal law that are related to the same subject matter;
5. 
Any technical meanings of the words used in the provision subject to interpretation;
6. 
Other interpretations rendered by the City relating to the same or related provisions of this UDC;
7. 
The consequences of the interpretation;
8. 
The legislative history;
9. 
The problem or issue that is addressed by the provision subject to interpretation; and
10. 
Sources outside of the UDC provision that provide a related source for the definition, such as technical or professional literature.
G. 
No Legal Advice.
The City does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers, and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of this UDC. No interpretation provided by City Staff pursuant to this Section shall be construed as legal advice.
H. 
No Binding Effect.
It is the policy of the City to evaluate applications for development approval comprehensively on their individual merits. Therefore, interpretations may be persuasive to the applicable development review bodies, but they are not binding on the City.
I. 
Recordkeeping.
The Building Official shall keep records of interpretations made pursuant to this Section.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
If any Part, Article, Division, Section, subsection, paragraph, clause, provision, or portion of this UDC is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this UDC shall not be affected. If any application of this UDC to a particular use, building, structure, land, subdivision, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other use, building, structure, land, subdivision, or water not specifically included in said judgment.
B. 
Signs.
With respect to Article 9, Signs, and any Section, subsection, paragraph, clause, provision, or portion of this UDC which explicitly addresses signs, the following severability provisions shall apply:
1. 
Severability Generally.
If any Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or this UDC.
2. 
Severability Where Less Speech Results.
Without diminishing or limiting in any way the declaration of severability set out in Subsection B.1., above, or elsewhere in this Section, this UDC, or any adopting ordinance, if any Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or this UDC, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
3. 
Severability of Provisions Pertaining to Prohibited Signs and Sign Elements.
Without diminishing or limiting in any way the declaration of severability set out in subsection B.1., and subsection B.2., above, if any Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC related to the construction, maintenance, or display of signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other Section, subsection, paragraph, clause, provision, or portion of Article 9, Signs, or any other provision of this UDC that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
4. 
Severability of Provisions if Adjudicated Stricken Due to a Content-Basis.
It is the intent of the City Council to regulate signage in a manner that implements the purposes of Article 9, Signs, as expressed in Section 9.101, Purpose and Applicability. The City finds that the purposes stated in Section 9.101, Purpose and Applicability, are legitimate, substantial, and compelling public interests, that the regulation of signage in Article 9, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this UDC, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of, in descending order of priority:
a. 
sign height; and
b. 
sign area.
(Ordinance 2015-30 adopted 10/30/15)
A. 
Generally.
In the event that the provisions of this UDC conflict with each other or with other sections of the City of Cuero, Texas, Code of Ordinances:
1. 
The more restrictive provision shall control, if the provisions were adopted at the same time; or
2. 
The more recent provision shall control if the provisions were adopted at different times.
B. 
State and Federal Law.
No part of this UDC relieves any applicant from compliance with applicable provisions of state or federal law. If a use, building, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the City. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this UDC, unless the application of this UDC is legally preempted.
(Ordinance 2015-30 adopted 10/30/15)
The following chapters of the City of Cuero, Texas, Code of Ordinances that existed on the effective date prior to the adoption of this UDC are repealed:
1. 
Chapter 104, Trees;
2. 
Chapter 151, Flood Damage Prevention;
3. 
Chapter 152, Mobile Homes and Mobile Home Parks;
4. 
Chapter 154, Subdivisions Regulations;
5. 
Chapter 155, Signs;
6. 
Chapter 157, Telecommunications;
7. 
Chapter 158, Zoning; and
8. 
Chapter 159, Recreational Vehicle Parks.
(Ordinance 2015-30 adopted 10/30/15)