Zoning
Planning and Zoning Commission
Responsibilities
The Planning and Zoning Commission is responsible for making recommendations to the City Council on the following items:
- Comprehensive Plan Amendments
- Subdivision plats (not replats or minor plats)
- Zoning of newly annexed areas
- Zoning Ordinance Text Amendments
- Zoning Ordinance Map Amendments (rezoning)
The Planning and Zoning Commission Charter was adopted by City Council on February 18, 2020.
Meetings are Held Once a Month
Regular Sessions will be held only if there are applications or items to be heard. If there are items to be heard, the meetings are held three weeks prior to the Regular City Council Meetings at 3:00 P.M. in City Council Chambers. Contact the Development Services Department at (830) 598-9906 to verify it there will be a meeting.
Planning and Zoning Application Forms
- General Planning and Zoning Application - iWorQ Portal
- Application for Text Amendment to Zoning Ordinance
- Rezoning Property
- Owner Affidavit
There is no additional charge for Planning and Zoning Commission review of applications, and the same public hearing notice requirements for City Council apply to Planning and Zoning Commission applications. Therefore, 2 sets of public hearing notices are required for re-zonings and text amendments - 1 for the Planning and Zoning Commission meeting and 1 for the City Council meeting.
Public Hearing Notices
Public hearing notices for Planning and Zoning applications must be published in both the Horseshoe Bay Beacon and The Highlander newspapers per the schedule. The mailed notices do not have to be sent certified mail, but a list of property owners and addresses the notices were sent to must be submitted with the application. All Public Notices must be approved by the Development Services Director prior to being published or mailed out. Call Sandra Nash, Senior Planner at (830) 598-9906 for more information.
The Planning and Zoning Commission will only meet if there are applications to be heard. Contact Sandra Nash, Senior Planner at 830-598-9906 to verify if there will be a meeting.
Applicants
Staff will prepare a meeting packet for the Planning and Zoning Commission that includes staff reports on all development applications. The applicant will be notified of staff comments prior to the Planning and Zoning Commission meeting. The application will automatically be scheduled on the next City Council meeting agenda, unless pulled by the applicant.
The applicant or representative must attend the Planning and Zoning Commission and City Council meetings.
Americans with Disabilities Act
In compliance with the Americans With Disabilities Act, the City of Horseshoe Bay will provide for reasonable accommodations for persons to attend Planning and Zoning Commission meetings. To better serve you, requests should be received 48 hours prior to the meeting. Please contact Sandra Nash, Senior Planner at 830-598-9906.
Board of Adjustment
Responsibilities
The Board of Adjustment is responsible for granting variances to the terms of the zoning regulations of the City, and deciding appeals from decisions of administrative officials related to those zoning regulations. If a municipality wants to provide in its zoning ordinance a mechanism through which it can approve waivers from the strict letter of the zoning rules, state law authorizes the City Council of a municipality to establish procedures for the appointment of a Board of Adjustment. (Texas Local Government Code §211.008). The zoning ordinance may provide that the Board of Adjustment can make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and with any applicable rules contained in the ordinance.
On February 21, 2017, the City Council adopted an ordinance creating a Board of Adjustment for Horseshoe Bay. The Board consists of five residents, who are registered voters of the city, appointed by City Council and serve staggered two-year terms.
- Ordinance 2017-05 Creating the Board of Adjustment 02.17.2017 (PDF)
- Ordinance 2017-10 Amending the Board of Adjustment 04.18.2017 (PDF)
Board of Adjustment Application Forms
These documents may not reflect the most current forms. Since this process is time sensitive and project specific, you should always contact Sandra Nash, Senior Planner Email prior to posting or mailing any notices to be informed of the most current procedures.
- Application and Checklist for Zoning Variance (PDF)
- Sample Public Hearing Notice for Zoning Variance (PDF)
Public Hearing Notices
Public hearing notices for Board of Adjustment applications must be published in both the Horseshoe Bay Beacon and The Highlander newspapers per the schedule. Property owners within 200 feet of the property must be notified by mail. The mailed notices do not have to be sent certified mail, but a list of property owners and addresses the notices were sent to must be submitted with the application. Contact Sandra Nash, Senior Planner Email to verify Public Notice deadlines.
The Board of Adjustment will only meet if there are applications to be heard. Contact Sandra Nash, Senior Planner at 830-598-9906 to verify if there will be a meeting.
Applicants
Staff will prepare a meeting packet for the Board of Adjustment that includes staff reports on all Variance requests. The applicant will be notified of staff comments prior to the Board of Adjustment meeting.
The applicant or representative must attend the Board of Adjustment meeting
Americans with Disabilities Act
In compliance with the Americans With Disabilities Act, the City of Horseshoe Bay will provide for reasonable accommodations for persons to attend Board of Adjustment meetings. To better serve you, requests should be received 48 hours prior to the meeting. Please contact the Sandra Nash, Senior Planner at 830-598-9906.
Conditional Use Approval
Purpose
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. A conditional use approval may also be sought for any temporary use not permitted in the zoning district in which it is proposed but shall not be used to grant relief from development standards that can be approved as zoning variances by the board of adjustment. This division sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use applications.
Approval Required
No conditional use shall be established, and no building permit shall be issued for any use designated as a conditional use within a zone until approved in accordance with the provisions of this division. An application for a conditional use approval shall be accompanied by a site plan. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards.
Status of Conditional Uses
The following general rules apply to all conditional uses:
- The designation of a use in a zone as a conditional use does not constitute an authorization or assurance that such use will be approved.
- Approval of a conditional use shall authorize only the particular use for which the approval is issued.
- No use authorized by a conditional use approval shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this division.
- Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city Code of Ordinances, or any permits required by regional, state and federal agencies.
Application Requirements
- An application for a conditional use approval 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. If a zoning amendment is required or requested in writing, such application shall accompany the application for a conditional use approval.
- Subdivision approval. If the proposed use requires a division of land, an application for subdivision approval pursuant to the city's subdivision ordinance shall be submitted in conjunction with the application for a conditional use approval. Approval of the conditional use shall not become effective until final approval of the subdivision application; provided that if the land is to be divided in phases, the approval of the conditional use shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
- Expiration. As opposed to a zoning change or variance, a conditional use approval shall expire in one calendar year if a building permit has not been issued that incorporates that approval. Conditional use approvals shall also expire upon abandonment, either voluntary or involuntary, of one calendar year or longer. A new conditional use application and approval is required to remedy any expiration.