Zoning Information

The Zoning Ordinance, Title 17 of the Benbrook Municipal Code, regulates land uses and development on private property within the City. Additionally, the Ordinance specifies requirements for the following:

  • Building setbacks
  • Lot sizes
  • Landscaping
  • Lighting
  • Parking
  • Signage
  • Architectural standards

Change of Zoning


A change of zoning (rezoning) may be required if a property is not currently zoned properly for an intended or proposed use. A proposal to change the zoning of property requires a completed application, payment of the application fee, and written description and/or graphic depiction of the property. The zoning change proposal is considered first by the Planning and Zoning Commission at a public hearing for a recommendation to the City Council. The Council is the governing body with the authority to amend the City’s official Zoning District Map. Any rezoning must be compatible with the Comprehensive Plan. Refer to the Quick Links in the column to the right.

Variance


A variance is a procedure where certain provisions of the Zoning Ordinance may be relaxed when conditions peculiar to a specific property would cause an unnecessary and undue hardship with literal enforcement of the regulations. Peculiar conditions caused by an action of the applicant are not relevant considerations for a variance. A hardship occurs only when the literal application for the regulations would deprive the owner of all beneficial use of the property or render it virtually without value. A variance can not be granted to the land use provisions of the Zoning Ordinance. Variances can be granted only for the “Height and Area” specifications listed in each Zoning District chapter of the Zoning Ordinance, such as:

  • Building setbacks
  • Lot width
  • Lot size
  • Lot depth
  • Building height
A request for a variance requires a letter to the Zoning Board of Adjustment (ZBA), clearly delineating the need for the variance, and payment of the application fee. The ZBA is the governing body with the authority to consider a variance. Approval of a variance only affects a specific property and does not change the Zoning Ordinance. Refer to the Quick Links in the column to the right.

Appeals


Appeals can be made of a decision made by a City Official when denying a building permit. An appeal can challenge the interpretation of the ordinance by the Building Official or the ground by which the official made his/her decision. An appeal cannot be made challenging the ordinance itself. The Appeals Commission is the governing body with the authority to consider an appeal.