Zoning
Overview
The purpose of zoning land in the City of New Braunfels is to promote the health, safety, and general welfare of the public. Zoning districts and regulations are established to maintain land use compatibility, provide fire separation, prevent overcrowding of land, ensure adequate light and air, as well as guarantee sufficient transportation, utilities, parks and other public facilities to accommodate growth.
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Interactive Zoning Map
Use this interactive map to check the zoning designation for property located within the New Braunfels city limits.
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Zoning Application
Use this Zoning Application to request a zoning change. Applications must include a metes and bounds description (lot and block if platted), proper fee based on acreage (as seen on the application), and a site plan or map of the property.
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Zoning Ordinance
See the entire Zoning Ordinance as it appears in the New Braunfels Municipal Code.
Special Use Permits
Special Use Permits, or SUP's, are granted to allow compatible development that may be suitable only in certain locations or under certain circumstances. It does not change the base zoning; it allows a particular use that would not normally be permitted in that zoning district.
Types of SUPs
Type 1 SUPs address use of the land only. Construction within a Type 1 SUP will meet all of the development standards of the zoning ordinance.
Type 2 SUPs are considered based on a specific site plan and may approve deviations to zoning ordinance standards such as parking, landscaping, building height, etc.
Process
The process for granting an SUP is the same as for rezoning. The Planning Commission holds a public hearing and makes a recommendation to City Council. It then takes two readings of the ordinance at City Council to approve the request.
Refer to Section 3.6 of the Zoning Ordinance for further information.
Process Steps
- Contact the Planning Department to set up a pre-application meeting.
- Submit complete application with all required information and attachments by deadline. Application due dates and dates for signage may be found in a calendar attached to the application.
- Place zoning signs on property. Signs are purchased through the Planning Department for $15 each.
- The Planning Department sends notices to landowners within 200 feet of property to be rezoned. Copies of responses are provided at the Planning Commission meeting.
- The Planning Commission holds a public hearing and votes on a recommendation to City Council.
- City Council holds a public hearing and considers a first and second reading of the rezoning ordinance. The zoning case ceases if denied by Council at any reading.
- Rezoning is adopted upon approval of the second reading.
The process takes approximately 8-12 weeks from submittal to Council approval.
Temporary Outdoor Dining Permit
The Temporary Outdoor Dining Permit is intended to help restaurants accommodate more customers while maintaining social distancing during the Covid-19 Pandemic.
The permit allows restaurants to use up to 40% of their off-street parking spaces for temporary dining and to provide either a food vendor or mobile kitchen associated with the subject restaurant. The intent is not to have a rotating number of food vendors.
On-site vehicle travel lanes may be utilized for outdoor dining, though fire lanes must be preserved and outdoor dining areas cannot impede traffic flow, or prohibit vehicles from reasonably backing out of parking spaces. ADA spaces cannot be used for dining areas. Please note that as an emergency ordinance, an approved Temporary Outdoor Dining Permit may be revoked at the discretion of City Council. No fee will be collected for the permit application.
Tables and chairs should be places a minimum of 6-feet apart in outdoor dining areas. Please use the diagram below as a guide.
APPLY FOR OUTDOOR DINING PERMIT
For more information, or if you have any questions, please contact the Planning Department at planning@nbtexas.org.
Variances
Zoning Board of Adjustment Variances
Variances to standards of the Zoning Ordinance may be granted by the Zoning Board of Adjustment under the following conditions:
- There are special conditions affecting the land such that the strict application of the ordinance would deprive the applicant of the reasonable use of land.
- The variance is necessary for the preservation and enjoyment of a substantial property right.
- Granting the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area.
- Granting the variance will not prevent the orderly use of other land within the area.
- An undue hardship exists.
- Granting the variance will be in harmony with the spirit and purpose of the ordinance.
- A variance may not be granted to relieve a self-created or personal hardship, and may not be based solely upon economic gain or loss.
Apply Here: Zoning Variance Application
Access Management Board of Adjustment Variances
Variances to the standards of Chapter 114 - Streets, Sidewalks and Other Public Places, may be granted by the Access Management Board of Adjustment (AMBA) if it is found that:
- Granting the variance will not be detrimental to the public safety, health or welfare, or injurious to other property owners.
- The particular physical surroundings, shape and/or topography would create a hardship - not a mere inconvenience - to the property owner if the regulations were strictly carried out.
- The variance or alternative proposal will not vary provisions of the Zoning Ordinance or other ordinance of the City.
Apply Here: AMBA Variance Application
ZBA
- $250 for application and first variance request
- $50 for each additional variance request
AMBA
- $250 for application and first variance request
- $50 for each additional variance request
Special Exceptions
Under certain circumstances, the Zoning Board of Adjustment may grant Special Exceptions for the following:
- To allow expansion or reconstruction of a non-conforming use or structure.
- To allow semipublic parking areas for occupants of apartments, fraternity or sorority houses, members of clubs, and patrons of hospitals, institutions, or places of public assembly in residential districts.
Contact the Planning Department (830-221-4050) for further information
Code Interpretations
| Interpretation Description | Code Section Impacted | Date Signed |
|---|---|---|
| Duplex Lot width, Depth and Size | 3.3 & 3.4 | 05/03/2023 |
| APD and Short Term Rentals | 5.17 | 03/30/2023 |
| Parking Space Requirements for Convenience Stores with Fuel Sales | 5.1-3 | 03/08/2023 |
| Vehicle Storage Facility use within the C-3, M-1, M-2, MU-B, C-1B Districts | 3.3-9, 3.3-11, 3.3-12, 3.4-11, 3.4-13, 3.4-18, 3.4-19, 4.2 | 03/06/2023 |
| Micro-Distillery Use in C-4Ar66 | Ord. No. 2006-82 | 02/25/2022 |
| Mixed-Use Buildings as Non-Residential Use | 1.4, 3.3, 3.4 | 03/10/2021 |
| Discount Retail Stores Parking Requirement | 4.1-2, 4.2, and 5.1-3 | 12/30/2020 |
| Hemp Testing Lab Land Use Determination | 4.1-2, 4.2 | 05/07/2020 |
| Residential Driveway Construction Materials | 5.1-1 | 02/13/2019 |