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DEVELOPMENT SERVICES DEPARTMENT
Zoning - Frequently Asked Questions
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What is
zoning?
Zoning is a local land
use authority that provides the standards and regulations applicable to land and
structures in the city. These standards and regulations help implement the
Horseshoe Bay Comprehensive Plan, which are the goals, policies and
recommendations of how long-term development in the city is to be achieved.
The City of Horseshoe Bay is divided into Zones, which are based on
established and newly created major subdivisions. Each Zone has several zoning
classifications. Each classification has a list of permitted uses and standards
for building setbacks, lot coverage, and heights. Some have specific design
guidelines. Please refer to the City of Horseshoe Bay
Code of Ordinances on the City Website
for details on each zoning
classification. (Top)
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How can I find out what
my property is zoned?
The Development Services
Department can provide information on the zoning and permitted uses of
properties and development regulations (i.e. building setbacks and height
restrictions) on all residential, commercial and office properties. This
information is available on the City of Horseshoe Bay web site.
(Top)
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What
is the process to rezone a property?
Rezoning is when the
City Council approves a request to change the zoning classification of a parcel
(which also is an amendment to the Zoning Ordinance, as the Zoning Map is
changed) in order to change or allow a different use of the property. In some
cases, rezoning will allow an increase in the number of dwelling units (or
homes) compared to what the original zoning allowed. From the date of
application to final City Council action on the matter, the rezoning process
generally takes one month. The Application fee is $100.00, and applications are
available either online at
Rezoning Application,
and the Application Checklist is available at
Rezoning Application Checklist. Both
forms are also available at the Development Services Department office at City
Hall, 1 Community Drive, between 8 AM & 5 PM, Monday through Friday.
A formal pre-application
meeting is suggested for all rezoning requests. The purpose of this meeting is
to review the rezoning procedures and submittal requirements and assist the
applicant in filing a complete application. This meeting is free of charge and
requires the submittal of a site plan, and information on the proposed use.
Upon receipt of the recommendation from the
Development Services Manager, the Council conducts a public hearing, after the
required 15 days public hearing notice by mail to property owners within 200
feet of the affected property, and 15 days notice in both the Horseshoe Bay
Beacon and The Highlander newspapers. The Council
then approves, approves subject to modification, or denies the application. If
a properly filed protest is received from owners of 20% or more of the land in
the area requested for change or 20% of property owners within 200 feet of the
subject property, four of the five City Council members must vote to approve the
change. (Top)
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What is a Conditional Use
Permit (CUP)?
A Conditional Use is a land use which, because of
its unique nature, is compatible with the permitted land uses in a given zone
only under certain conditions. Such conditions include a determination that the
external effects of the conditional use in relation to the existing and planned
uses of adjoining property and the neighborhood can be mitigated through
imposition of standards and conditions. Once approved and any conditions
are met, CUPs run with the land and do not expire unless so stipulated.
Refer to Section II G
Zoning
Ordinance for all criteria and procedures for Conditional Use Permits.
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How do I obtain a Conditional
Use Permit?
An application
for a CUP may be submitted by the property owner or by the property owner's
designated representative to the City. The application shall be accompanied by
a site plan. The Application fee is $100.00, and
applications are available either online at
CUP Application,
and the CUP Application Checklist is available at
CUP Application Checklist.
Both forms are also available at the Development Services Department office at
City Hall, 1 Community Drive, between 8 AM & 5 PM, Monday through Friday.
Upon receipt of the recommendation from the Development Services Manager, the
Council conducts a public hearing, after the required 10 days public hearing
notice by mail to property owners within 200 feet of the affected property, and
10 days notice in both the Horseshoe Bay Beacon and The Highlander newspapers. The Council then either approves,
approves
subject to modification, or denies the application. For approval of any CUP,
the standards and conditions of Section 2.40 of the Zoning Ordinance must be
detailed and followed. (Top)
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What is a Variance?
A variance is a request of the City Council serving as
the Board of Adjustment (BOA) to vary development standards (not uses) such as
building setbacks in the Zoning Ordinance. The
Board of Adjustment (BOA) may authorize a variance from these regulations
when it finds that undue hardship will result from requiring strict compliance.
In granting a Variance, the BOA shall prescribe conditions that protect the
public interest. In making its findings, the BOA shall take into account the
nature of the proposed use of the land involved, existing uses of land in the
vicinity, and the probable effect such variance will have upon traffic
conditions and upon the public health, safety, convenience and welfare of the
community. (Top)
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How do I obtain a Variance?
An application
for a Variance may be submitted by the property owner or by the property owner's
designated representative to the City. The application shall be accompanied by
a site plan. The Application fee is $100.00, and
applications are available online at
Variance Application and the Application Checklist is available at
Variance Application
Checklist. Both forms are also available at the Development
Services Department office at City Hall, 1 Community Drive, between 8:00 a.m.
and 5:00 p.m., Monday through Friday.
Requests for variances require 15 days public hearing
notice in two newspapers (the Horseshoe Bay Beacon and The Highlander),
and mailed notice to property owners within 200 feet. At the hearing, the Board
of Adjustment must find, based on the facts provided in the Variance
application, that: (1) there are special
circumstances or conditions affecting the land involved such that the strict
application of the provisions of this Ordinance would deprive the applicant of
the reasonable use of the land; and (2) the Variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant; and
(3) the granting of the Variance will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area; and (4) the
granting of the Variance will not have the effect of preventing the orderly use
of other land within the area in accordance with the provisions of this
Ordinance; and (5) the granting of the variance constitutes a minimal departure
from this Ordinance; and (6) the subject circumstances or conditions are not
self-imposed, are not based solely on economic gain or loss, and do not
generally affect most properties in the vicinity of the property. Once approved
and all conditions are met, variances run with the land and do not expire unless
so stipulated. (Top)
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May I have a home occupation
in my house?
Home occupations meeting all of the criteria of
Section 3.3.2 of the Zoning Ordinance are permitted in R-1 single family
residential districts. Home occupations only allow one outside employee, no
exterior signage, no emission of odor, dust, gas, noise, vibration, smoke, heat,
or glare beyond the boundary of the lot, no business activity between the hours
of 10 PM (indoor activities) or 6 PM (outdoor activities) and 8 AM, no
mechanical equipment not normally used for domestic purposes, only the use of
20% or less of the total area for the business, and off-street parking for a
maximum of 2 cars incidental to the home occupation. Among businesses permitted
as home occupations are office facilities of an accountant, architect, attorney,
engineer, consultant, minister, etc.; an author, artist or sculptor; dressmaker,
seamstress or tailor; music or dance teacher or similar instructor; home crafts
such as rug weaving, model making, etc.; and repair shop for small electrical
appliances, cameras, watches, clocks, etc.
Businesses specifically prohibited as home occupations
are animal hospitals or clinics, commercial stables with more than 2 horses per
acre, restaurants, private clubs, consumption facilities except limited food or
meal consumption associated with licensed registered family home or bed &
breakfast, auto or trailer paint or repair shop, small engine or
motorcycle repair shop, welding shop, large household appliance repair shop,
on-premises retail or wholesale sales of any kind where multiple customers
patronize the sales business on-site, except for items that are produced
entirely on the premises in conformance with this Chapter, and except for
occasional garage sales or other similar type of business, commercial clothing laundering or cleaning, mortuaries or funeral homes;
trailer, vehicle, tool, or equipment rentals, repair shops for any items having
internal combustion engines, and any use that would be defined by the
International Building Code as an Assembly, Factory or Industrial, Hazardous,
Institutional or Mercantile occupancy. (Top)
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Where can
I build a fence or wall on my residential property?
A fence or wall may be
located in the side or rear yard setback,
and a wrought iron fence may be located along the
side yard up to the front yard setback, except in Zone 9 Escondido, where
walls and fences may encroach into the
front yard setback if approved by the Architectural Control Committee.
No fences or walls are permitted in the front yard setback, except by City
Council approval of a variance (See above FAQ on Variances).
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What are setbacks and how do I determine what the required setbacks are for my
property?
A setback is the minimum distance by which any building or structure must be
separated from a lot line. Setbacks for any lot are based on the Zone the lot is
located in and its zoning classification (R-1, R-2, etc.). Please contact
Development Services at 830-598-8741 x 272 for setback information.
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May I have a
manufactured home on a residential property?
A manufactured home is a mobile home which has
been built on or after June 15, 1976, according to the standards of the U.S.
Department of Housing and Urban Development (HUD). A manufactured home is
allowed only in Zone 4B, Horseshoe Bay South, and only on lots classified as M-1
Mobile Home. No special approvals are required, provided that the
manufactured home meets HUD standards, is not dilapidated as determined by the
Building Inspector, and has tie downs per Section 3.6.9(f) of the Ordinance.
(Top)
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What is an accessory building or accessory structure?
The Zoning Ordinance
defines an accessory building and accessory structure as follows:
Accessory Building means a subordinate
building, constructed or erected, the use of which is clearly incidental to, or
customarily found in connection with, and located on the same lot as, the use of
the main building or principal use of the land. Accessory buildings
include casitas, garages, and guest houses. An Accessory Building is an
Accessory Structure.
Accessory Structure means a subordinate
structure which requires permanent location on the ground or is attached to
something having location on the ground, the use of which is clearly incidental
to, or customarily found in connection with, and located on the same lot as, the
use of the main building or principal use of the land. Accessory
structures include decks, fences, bulkheads, private sidewalks, retaining walls,
and swimming pools. An Accessory Structure may be an Accessory Building.
(Top)
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What are the lot coverage ratios and setbacks for an accessory building?
Accessory buildings may not occupy more than fifty (50) percent of the required
rear yard which (except for all classifications in Zone 10 but A-1 is the sixty
(60) foot rear setback; all classifications in Zone 11 is the fifty (50) foot
rear setback, except Waterside Lots
18-1A, 18-2A, and Phase 2 Lots 54-57 is as shown on the plat, and Morning Star,
Kelley and Alexis Lane Villas and Trails Point- Megan Lane, and the R-1 Villa
classification in Zone 9 is the ten (10) foot rear set
back; the A-1 classification in
Zones 1, 2, 3, 4A, 4B, 6,8 and 10, the
RR classification in Zone 5, the Lago Estate classification in Zone 9 and
the R-1 classification in Zone 9 is the 25 foot rear setback; and the GUI
classification in Zones 3, 4A, 4B, 5, and 10 is the ten (10) foot rear setback
except when located adjacent to residential classifications when it is the
twenty-five (25) foot rear setback, is the
fifteen (15) foot rear setback, must be located at least 10 feet from the main
building, must not exceed the maximum height allowed for the main
structure in the applicable Zone,
cannot be closer than fifteen (15) feet from the rear property line except as
otherwise provided below, and may not be located in the side or front
setbacks except as otherwise provided below.
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May I construct an accessory building or structure before I build my house?
No, the main structure must be constructed
first, then the accessory building or structure. (Top)
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May I have a storage shed or garage that is not attached to my house on my
property?
Storage sheds are not allowed except in Zone 4B
Horseshoe Bay South, and Zone 5 Bay Country. Garages must be connected to
the main building, and a breezeway qualifies. (Top)
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Where and how do I get a 911 address?
When you apply for a Building
Permit for construction on a vacant lot, Burnet County 911 Addressing assigns an
address to your lot, based on the location of the driveway and street that the
front of the building faces. The address is provided to you when you receive
your Building Permit. (Top)
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What is a Zoning Text Amendment?
A Zoning Text Amendment is an
Ordinance Amendment that changes exiting regulations and requirements or adds
new ones. Text Amendments do not require mailed public hearing notice to
property owners, as they are not site-specific.
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What notifications am I
responsible for?
For rezonings and variances,
public hearing notices must be published in both the
Horseshoe Bay Beacon and The Highlander 15 days before the scheduled City Council meeting.
Mailed notice to property owners within 200 feet is also required 15 days
before the City Council meeting. Conditional Use Permit notices are
required to be published in both the Horseshoe Bay Beacon and The Highlander 10 days before the City Council meeting, and the
mailed notice to property owners within 200 feet is also required 10 days
before the Council meeting. Zoning text amendments only require public
hearing notices in the Horseshoe Bay Beacon and The Highlander, 15
days before the scheduled City Council meeting.
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What happens if my Rezoning, Conditional Use Permit, Variance or Zoning Text
Amendment request is denied?
For rezonings and zoning text
amendments, a six month period is required before another similar application
can be filed for the same property or text change. CUPs do not have any
time limit for re-application. No re-filing of a variance request that is
denied by the Board of Adjustment (BOA) is permitted, as their decision is final
and binding, except upon appeal to a court of competent jurisdiction.
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Where can I get more information?
You will find all
Zoning-related
information as well as City and Zoning maps here or
call the Development Services Department at 830-598-8741 x 270.
(Top)
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