Zoning/Planning FAQ’s
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What is zoning?
Zoning
is the classification of land into districts. The purpose of
zoning is to regulate the use of land including the use,
placement, size of buildings, yard requirements and parking. A
zoning law consists of two parts:
1. A
zoning map shows the boundaries of the various districts.
2. A
written text (called a zoning ordinance) sets forth the
regulations applicable to each district.
Zoning
regulations must be reasonable and can be imposed to protect and
promote the health safety and general welfare of the public.
Zoning is the primary means of trying to ensure that land uses
are compatible with each other.
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Where do I find zone designations and
what they mean?
The
Chapter 3 of the City’s
Zoning Ordinance
describes the 13 zoning districts. Each district has different
standards for development. Section 38 of the Zoning Ordinance
details the uses permitted within each district and the parking
regulations associated with each use.
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How can I
find out the zoning of a particular property and what the
property can be used for?
You can review the
Zoning Map
and Zoning Ordinance to determine what zone your property is
located in and what uses are permitted in that zone. You can
also submit an
Application for Zoning
Verification
to the Engineering & Planning Department for a formal
determination of your zoning designation and the permitted uses
in the zone.
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How do I apply for a zoning district
change?
A
request to change a zoning district is called rezoning. The
property owner discusses the proposed development plan with the
Engineering & Planning Department. This will determine which
zoning district is needed for the purposes of the property
owner. When the appropriate district has been determined the
property owner submits an
Application for Rezoning
application to the Planning Division along with all required
submittal documents.
A person
may not file a rezoning application on someone else's property
unless he or she has signed legal authorization from the
property owner.
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What does rezoning cost?
The
filing fee for a basic rezoning is $400.00, plus $10.00 per acre
or portion thereof. Advertising and notification fees are
included in the overall cost of rezoning. The fees are not
refundable if the application is withdrawn or denied.
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What happens in the rezoning process?
When a
rezoning application is submitted, along with all applicable
fees and supporting documents, the Planning Division schedules
the case for a public hearing before the
Planning &
Zoning Commission.
Notice of this meeting is published in the official City
newspaper and property owners within 200 feet of the proposed
rezoning site are notified by mail. Planning staff conducts a
land use survey of the area noting all case pertinent facts and
provides the Planning & Zoning Commission a written report
indicating staff’s recommendation on the rezoning request. A
public hearing is conducted by the Planning & Zoning Commission
and the Commission may either recommend approval or denial of
the request or it may table the request for a specified period
of time.
Then the
Tomball City Council holds a public hearing considering the
recommendation of the Planning & Zoning and other testimony. The
Council may approve or deny the request or it may table the
request for a specified period of time. The decision of the
Council is final. All zone changes require approval of an
ordinance by two separate readings at two separate
City Council Meetings.
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How long does the rezoning take?
The
time-frame for processing a rezoning application is
approximately 60-90 days if there are no deferrals.
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What is the Board of Adjustments and
what do they do?
A five-member quasi-judicial
body empowered by state legislature generally charged with
considering individual requests whereby applicants contend that
they cannot comply with provisions set forth in the Zoning
Ordinance.
Duties include:
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Hearing appeals alleging
zoning official error
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Deciding special
exception requests
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Deciding variance
requests
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Hear and decide other
matters authorized by the City’s Zoning Ordinance
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What is a variance?
A
variance is the authority to depart from the application of
areas, side yard, setback, height, and similar regulations to
prevent unnecessary hardships.
The Board of Adjustments may authorize a variance from these
regulations when, in its opinion, undue hardship will result
from requiring compliance with the Zoning Ordinance. Variances
may be granted only when in harmony with the general purpose and
intent of this Ordinance so that the public health, safety and
welfare may be secured and that substantial justice may be done.
Zoning Board of Adjustments
Variance Application
Conditions Required for
Variance:
In order to obtain a variance you must
prove: (1) that there are special circumstances or
conditions affecting the land involved such that the
application of the provisions of the Ordinance would deprive the
applicant of the reasonable use of his/her land; (2)
that the variance is
necessary for the preservation and enjoyment of a substantial
property right of the applicant;
(3) that the
granting of the variance will not be detrimental to the public
health, safety or welfare, or injurious to other property within
the area; (4)
that 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 an individual
variance will not set a precedent.
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Can the Board of Zoning Appeals
grant a variance to allow a use that is not permitted in a
particular district?
No. The Zoning Ordinance
prohibits the Board of Adjustments from granting use variances.
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What happens to a variance if I sell
my home or business?
Variances run with the land.
This means that a variance will continue in effect as ownership
of the property or business changes. However, the new owners
must adhere to the terms and conditions of the original variance
granted and obtain all other necessary approvals and permits as
required by law.
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What is Conditional Use?
A conditional use is a land
use which, because of its unique nature, is compatible with the
permitted land uses in a given zoning district only upon a
determination that the external effects of the use in relation
to the existing and planned uses of adjoining property and the
neighborhood can be mitigated through imposition of certain
standards and conditions.
The Conditional Use process
ensures that the public has an opportunity to review and comment
on the application. The process for Conditional Use takes
approximately 60-90 days from start to finish. A Conditional Use
Permit is an application process which has a public hearing
before Tomball’s Planning and Zoning Commission and the City
Council. Meeting notices are published in the official City
newspaper and property owners within 200 feet of the site are
notified by mail. This gives anyone who may be affected by the
conditional use an opportunity to comment on the proposed use of
the property. You may obtain more information regarding
Conditional Use Permits in Section 37 of the Zoning Ordinance.
The
Conditional Use Permit
Application
will give the steps necessary to complete the process.
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How long does a Conditional Use
Permit last?
Conditional uses (along with
all approved plans, conditions, restrictions, and requirements)
"run with the land," unless the City Council stipulates an
expiration date as part of the approval. ("Run with the land"
means that the approval would not be denied once the property
owner changes. The approval will pass on to subsequent property
owners.)
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Can a Conditional Use Permit expire?
Yes. Failure to begin
construction of the conditional use or failure to fully
establish the conditional use within two years of the approval
by the City Council results in voiding the conditional use
permit.
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