Zoning Planning & Land Use Law in Texas

Nacogdoches, Texas has laws which control 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 frequent issues that homeowners might face, though it is not meant to turn a layperson into an expert.

Municipal governments which practice zoning usually follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For example, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will usually be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.

The purpose of zoning is to preserve property values, and make towns and cities more livable. For example, without zoning laws, a company might be able to buy a vacant lot next to your house and construct a noisy, smelly, dirty factory on it.

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 done 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 Nacogdoches, Texas

Zoning laws are commonly quite extensive and meticulous, and it's extremely possible that your property in Nacogdoches, Texas contains some minor zoning violation that you don't know about. If this happens to you, you have considerable legal protections.

First, and perhaps most evidently, you can correct the violation. If the violation is relatively minor, and correcting it would not cost you much or be a considerable burden, this might be the best way to go.

Sometimes, however, a landowner wants to make improvements on their property which might constitute a slight violation of Nacogdoches, Texas's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a particular zoning regulation. Typically, variances are granted when the violation is extremely minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

Additionally, if you have been living on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your current use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Nacogdoches, Texas Attorney Do?

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