Zoning Planning & Land Use Law in Texas

Lancaster, 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 specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

Local governments have numerous different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to safeguarding property values. For instance, 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.

While zoning laws appear to be geared just toward protecting residents, they also protect industry, by ensuring that they are free to conduct their business without getting caught up in the numerous legal disputes that would be inevitable if they were closer to a residential area.

Possible Outcomes of Boundary and Title Disputes in Lancaster, Texas

If a condition on your property breaks the local zoning laws of Lancaster, Texas, there are a few different solutions.

It should be clear, however, that the ideal solution is to just fix any condition on your property which is in violation of a local zoning law. If the violation is not significant, and correcting it won't considerably interfere with your use of your property, this is likely the ideal course of action.

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 Lancaster, Texas's zoning laws to the letter would not, in this case, advance their purposes.

You also have substantial protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Lancaster, Texas Attorney Do?

If you are in the process of physically altering your property, you are almost sure to face some concerns having to do with local zoning laws. If you find that zoning laws are making it very challenging to use your property as you see fit, you may have legal recourse, typically in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the assistance of a qualified Lancaster, Texas attorney.