Zoning Planning & Land Use Law in Texas

Kingsville, Texas has laws which regulate how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most prevalent issues that homeowners might face, though it is not meant to turn a layperson into an expert.

Local governments will typically divide the city or town into sections, called "zones," each of which is designated for a particular use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

Local governments have several different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.

On the other hand, zoning laws recognize and attempt to accommodate the necessity of factories and other industrial activities. They simply seek to ensure that such activities are performed in a way that they don't conflict with the rights of adjacent landowners to use and enjoy their property in peace.

Possible Outcomes of Boundary and Title Disputes in Kingsville, Texas

Suppose you find that some condition on your land is in violation of Kingsville, Texas's zoning laws. In cases like this, you have quite a few options.

The most apparent solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.

But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will typically be granted if the violation doesn't harm anyone, and enforcing Kingsville, Texas's zoning laws to the letter would not, in this case, advance their purposes.

Additionally, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can usually not be enforced against you, because it would be unfair to apply a new law retroactively.

What Can A Kingsville, Texas Attorney Do?

If you are in the early stages of a major construction or remodeling project on your property, especially if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to confront one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the guidance of a knowledgeable Kingsville, Texas real estate attorney will greatly improve one's chances.