Zoning Planning & Land Use Law in Texas

Sansom Park, 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.

Municipal governments which practice zoning normally follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For instance, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will normally 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 instance, without zoning laws, a company might be able to purchase a vacant lot next to your house and create a noisy, smelly, dirty factory on it.

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 various legal disputes that would be inevitable if they were closer to a residential area.

Possible Outcomes of Boundary and Title Disputes in Sansom Park, Texas

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

First of all, and most simply, the owner could just fix the violation. If the violation isn't very substantial, and fixing it wouldn't cost very much, this is likely the best and simplest option.

However, it isn't always practical or affordable to correct a minor violation of a zoning law. For instance, suppose you have just spent a large amount of money and effort remodeling a house to turn it into your dream home. You thought you were in total compliance with local zoning laws when you did this, but find out that there is some small, technical violation of Sansom Park, Texas's zoning laws. In these cases, you have recourse in the form of a variance. You are entitled to petition the local zoning board to grant you a variance, which is an official decision not to apply a certain provision of a zoning law to a single violation. These aren't always granted, but usually have to be granted if the violation doesn't interfere with anyone else's use of their property, and doesn't thwart the purposes of local zoning laws.

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 Sansom Park, Texas Attorney Do?

If you are in the early stages of a major construction or remodeling project on your property, particularly 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 reliable Sansom Park, Texas real estate attorney will greatly improve one's chances.