City of Caldwell

Zoning & Nonconforming Uses Zoning & Nonconforming Uses

Upcoming Public Hearings

Important Resources

Zoning Overview

Zoning in Caldwell: What You Need to Know!
What is Zoning?
Zoning is the regulatory system by which the City of Caldwell divides land into different districts (or zones) and establishes rules about how each area can be used—such as agricultural, large-lot residential, residential, mixed-residential, mixed-use, downtown core, general commercial, highway commercial, or industrial. Zoning helps ensure the city develops in an orderly, safe, and attractive way, promoting the public health, safety, and welfare.

Zoning regulations control aspects like:

Types of allowed uses (e.g., homes vs. businesses)
Building size, height, and placement
Lot coverage, density, and setbacks

How Zoning May Impact Your Property:

Property Use: Zoning designations clarify what uses are permitted on your property, enhancing neighborhood compatibility.
Development Potential: If you’re considering building or expanding, zoning will inform you of what’s possible for your lot.
Community Character: Zoning helps preserve Caldwell's unique character by aligning development with our city’s Comprehensive Plan www.caldwelltx.gov/envisioncaldwell.

Why You Might Receive a Public Notice
You may occasionally receive a Public Notice regarding zoning—this is part of an important, legally required process designed to keep you informed and involved. When someone seeks a change—like a rezone request, a Conditional Use Permit, a variance, etc—the City must hold a public hearing. This hearing allows residents to learn about the proposal and offer feedback.

Notice Requirements

We publish notice at least 16 days before the hearing in the Burleson County Tribune.
We mail notices to nearby property owners within 200 feet at least 11 days before the hearing, ensuring neighbors are informed.
The property owner posts notice on the property at least 11 days before the hearing.

What Public Hearings Are For
Proper procedures ensure these hearings are fair, transparent, and informative. Public hearings are not just meetings—they are opportunities:

To review the proposal’s purpose and scope
To voice support or concerns
To contribute important insights on traffic, noise, compatibility, and other impacts.

Summary for Caldwell Residents

Zoning shapes how our city grows—where homes, parks, stores, and businesses go.
You’ll receive Public Notices when zoning-related proposals may affect your area.
These notices tell you what's proposed, when, and where the public hearing will occur.
You have the right to attend, speak, submit comments, or simply stay informed.

Non-conforming Uses

Summary:
These provisions balance protecting property rights for lawful uses existing before zoning took effect—while preventing old, incompatible uses from expanding or lingering indefinitely. The ultimate goal is gradual alignment of all properties with current zoning.

You must bring a nonconforming use into compliance if:

It is abandoned or left unused for 1 year.
A building is destroyed by >50% and you wish to rebuild.
You attempt to enlarge, intensify, or move a use—unless authorized.
You convert it to a conforming use.

If you're unsure whether your use qualifies, or if you're planning changes, you can request a determination or seek a Special Exception through the Board of Adjustment. Staff and legal counsel are available to guide you through options.

When Must a Nonconforming Use Comply with Zoning?
Although pre-existing legal uses can continue under the nonconforming status, certain events legally require properties to conform to the new zoning regulations:

Abandonment or Discontinuance (Sec 14.01.005 B.3) - A use is considered abandoned—and nonconforming rights are lost—if any occur:
- The owner clearly shows intent to stop the use;
- The use stays vacant, or its equipment removed for 1 year;
- The property converts to a conforming use.
Partial or Complete Destruction (Sec 14.01.005 C.3) - If the building or structure is damaged beyond 50% of its fair market value:
- You must rebuild to current zoning standards;
- Rights to the nonconforming use are lost.
Expansion, Enlargement, or Intensification (Sec 14.01.005 B.1 & B.2) - Nonconforming uses cannot:
- Expand beyond the existing footprint or use area;
- Be extended to new buildings or increased in scope—unless approved as a Special Exception by the Board of Adjustment.
Change to a Conforming Use (Sec 14.01.005 B.2.b) - Converting a nonconforming operation to a fully conforming use permanently removes the right to revert back to the nonconforming use.

What Is a Nonconforming Use Letter?
You may occasionally receive a Nonconforming Use Letter when the City considers amendments to the zoning ordinance. This notice is required by Texas state law whenever a change—or new zoning regulation—might make your currently legal property use nonconforming.

Why You’re Getting This Letter

Legal Compliance - According to Texas Local Government Code § 211.006(a‑1), the City must mail written notice to owners and occupants at least 10 days before any public hearing that could render a lawful, existing use “nonconforming” under a proposed zoning change.
Transparency - This letter ensures all affected property owners know their rights could change—with enough notice to participate in public hearings and voice feedback.
Protection of Property Rights - A use becomes nonconforming if it was legal when established but no longer complies with new rules. The letter confirms your use is legally recognized under prior rules, protecting you from surprise restrictions.
Opportunity for Engagement - Receiving a letter gives you a chance to attend hearings, ask questions, and submit comments before any final decision is made.

What You Can Do

Attend the hearing noted in your letter.
Submit comments via mail, email, or in person.
Ask questions about your rights and how the changes may affect you.

A Nonconforming Use Letter is your legal notification that a zoning amendment could affect how you currently use your property. It's part of our commitment to keep you informed and involved—while protecting your existing rights. If you ever have questions after receiving one, our Development Services team is here to help.

Resilient Communities Program (RCP) Grant

In the Fall of 2022 the City of Caldwell City Council authorized staff to begin the RFP process to secure a Grant Administrator to prepare the city's application for the Resilient Community Grant Program project application for Caldwell, Texas. Council selected GrantWork's, Inc. to be the grant administrator for this project and began working with city staff in the spring of 2023 to prepare the application for the RCP grant. This grant application aimed to support local initiatives based on the 2022 Envision Caldwell Comprehensive Plan to enhance community resilience related to environmental, economic, and social challenges. The grant was awarded to the city in December 2023 and staff began working to draft the ordinances with GrantWork's, Inc. in 2024. The grant project was closed out and completed by summer of 2025. Specifically, the city's project scope is to:

Zoning Ordinance Creation (ORDINANCE ADOPTED APRIL 2025):
- Establishing or revising zoning regulations to better manage land use, ensuring sustainable development and reducing risks from natural disasters.
- Aligning zoning practices with long-term planning goals to support economic growth and community safety.
Amending Adopted Building Codes (ORDINANCE ADOPTED JANUARY 2025):
- Updating building codes to reflect 2021 ICC standards and resilience measures, such as energy efficiency, structural integrity, and hazard mitigation.
- Encouraging compliance with state and national standards to improve safety and durability in new and existing buildings.
Amending the Flood Damage Prevention Ordinance (ORDINANCE ADOPTED JANUARY 2025):
- Revising floodplain management regulations to incorporate current FEMA guidelines and best practices for flood risk reduction.
- Enhancing measures for protecting lives, property, and natural resources in flood-prone areas.

These initiatives align with the grant program's goals of fostering sustainable development and increasing the community's capacity to adapt to future challenges. The grant was a 90/10 grant meaning that 90% of the costs are funded by the State General Land Office (GLO) and the remaining 10% was funded by the City's adopted budget in FY2025.

RCP Grant Documents

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