In Texas, zoning laws and land use regulations are established through local zoning ordinances rather than state-wide laws. These local rules determine the uses that property owners can make of their properties in specific areas, typically within city boundaries.
There are no statewide zoning laws in Texas that directly control land use. A lawyer consultation can help someone better understand the complexities of Texas real estate law and land use regulations.
Texas has a Local Government Code that applies throughout the state. This code provision gives municipalities the power to create and revise zoning rules with the aim of supporting public health, safety, and overall well-being. It also allows cities to protect areas of historical, cultural, or architectural importance through zoning.
Zoning laws in Texas are enforced by cities and counties. Counties usually have limited authority in this area, though they may have more control in certain areas near large cities or in unincorporated parts of the county where special district zoning might apply.
This system allows cities and towns to develop zoning rules that fit their specific needs. However, it also means that zoning laws can differ quite a bit from one city to another.
Local rules can either allow or limit how land is used. For example, they might state that land must be used only for specific purposes such as residential housing, commercial businesses, or industrial activities.
These rules help organize and balance how land is used across a community. They reduce disputes between landowners with different interests, which helps improve the well-being of the community. They also help keep property values stable and support public health and safety.
These laws are important for planning cities, ensuring that different land uses, such as residential, commercial, and industrial, coexist peacefully in their designated areas.
What Are the Most Common Uses Found in Zoning Ordinances?
The most commonly addressed land uses in zoning laws include:
- Residential Housing: Housing can be further divided into multi-family or single-family homes.
- Commercial Operations: Commercial activities usually involve things such as office buildings, retail stores, bars, and restaurants. Commercial uses are often categorized as light commercial, which includes small businesses or shops, and heavy commercial, which serves larger retail operations.
- Commercial zones may set limits on things such as business hours, parking spaces, and signs.
- Industrial Operations: Industrial uses involve places such as manufacturing plants and warehouses. Industrial zoning can vary, with distinctions between light industrial, which allows for low-impact manufacturing or assembly, and heavy industrial, which is for factories, refineries, or other high-impact activities. Industrial areas often have stricter rules because of such issues as noise, pollution, and traffic.
- Agriculture: Agricultural zones are found in rural areas. In such zones, land may be used for farming, ranching, and other agricultural activities. In Texas, the agricultural economy is a key to the state, and agricultural zoning helps prevent cities from encroaching on farmland. Residential development may be allowed only if it does not interfere with farming.
- Mixed-Use: Mixed-use zoning is growing in urban areas where planners aim to create neighborhoods that are walkable and serve multiple purposes. In mixed-use zones, residential, commercial, and even some industrial uses can be combined. These areas allow more flexibility in how land is used.
- Planned Development: Planned development zoning is a flexible approach that allows developers to create custom zoning plans for specific projects. A planned development (PD) designation can enable mixed-use developments or projects that do not fit into traditional zoning categories. These usually require a detailed site plan and approval from a city’s planning commission.
What Are the Most Common Types of Zones in Texas?
Each of the zones mentioned above are common and important in Texas. Needless to say, areas zoned for residential development of the housing in which people live are common in all cities and towns in Texas.
The following are common types of zoning and land use categories in Texas:
- Single-Family: This would usually be low-density residential structures, mostly single-family residences.
- Multi-Family: Multi-family zoning would allow for apartments, townhouses, and other high-density residential properties.
- Commercial: This designates properties for commercial use, such as retail outlets or office space.
- Industrial: An industrial area is reserved for manufacturing, warehouses, and industrial facilities.
- Mixed-Use: A mixed-use area allows a blend of residential, commercial, and sometimes industrial uses. Mixed-use areas are increasing in popularity with urban planners.
Is It Possible To Get Around Zoning Restrictions?
If a property owner wishes to make some use of their property that does not conform to the use allowed by existing zoning regulations, they may apply for a zoning variance, a special use permit or a conditional use permit. They would do well to seek out land-use restrictions legal advice from a Texas lawyer.
A variance is permission to deviate from specific zoning requirements, such as setback requirements or height restrictions. A special use permit allows a property owner to make a use of their property that is prohibited by existing zoning ordinance. Requests for variances and special use permits are typically reviewed and granted or denied by the city’s zoning board or planning commission.
Another option is a conditional use permit (CUP). A CUP allows a property owner to engage in certain activities that are not compatible with an existing zoning classification. For example, a local authority may allow the owner of a single-family residence to operate a small daycare center out of their home. The circumstances of a conditional use are evaluated on a case-by-case basis, and a CUP allows certain uses that serve community needs.
The application process for a CUP involves submitting a request to the local zoning authority, describing the intended use and the justification for it. Usually, the local authority holds a public hearing to get community input before it makes a decision. The local authority assesses the potential impact of the proposed use on the locale before it decides whether or not to grant it.
In addition, planning boards and other local zoning authorities routinely hold public hearings before they make zoning and land use decisions. These hearings give the community that would be affected by their actions the opportunity to provide their input on zoning decisions.
So, becoming familiar with the zoning and land use process in one’s community and providing input when the opportunities are offered is a useful strategy if zoning and land use are important to a property owner. Again, getting good land use restrictions legal advice is the way to go if an owner or developer has questions about or issues with zoning and land use in Texas.
Who Controls Zoning Laws in Texas?
As noted above, zoning laws are local in Texas. Generally, counties have only limited zoning authority except when it comes to areas near large cities or in unincorporated parts of a county. In these areas, special district zoning may prevail.
So, cities and towns are able to enact the zoning regulations that meet their needs. However, zoning laws may vary from one locale to another, and this makes zoning and land use in Texas somewhat complicated.
For example, in the city of Houston, there are no formal zoning laws. In Houston, in place of zoning laws, there are local land-use ordinances, and deed restrictions regulate property development. However, Houston’s municipal government does regulate land use through building codes, setback requirements, and floodplain regulations.
The capital city of Austin has zoning ordinances for residential, retail, commercial, and something referred to as “PD” zoning, which is supposed to promote flexible commercial uses. Austin also has mixed-use zones.
Dallas has a detailed zoning code with categories for single-family residential on 7,500-square-foot lots, community retail, and light industrial. Dallas also has what are called “overlay districts.” These are associated with additional restrictions that protect historic districts or promote transit-oriented development.
What Are Permissible Restrictions?
Zoning laws impose restrictions on the uses that property owners can make of their real property, which can limit owners’ development options. For example, an owner cannot develop land for commercial purposes in an area that is zoned for residential use unless they get a zoning change or a variance. These restrictions ensure that land uses are compatible, but they can also pose challenges for property owners seeking to maximize their investment.
What Is a Land Use Plan?
A land use plan is simply a city’s preferences for the use of all the areas within its city limits. The Texas Local Government Code, mentioned above, requires all cities to adopt their zoning regulations in accordance with an existing comprehensive land use plan. So each municipality must develop a comprehensive land use plan.
It would be in the form of a document that establishes the city’s vision for land use in the future. Most municipalities seek public input from citizens’ groups and others before they draft their plan.
A city must amend its comprehensive plan, if it wants to change one of its zoning ordinances in a way that conflicts with the plan. It is also advisable for a city to routinely review and update its comprehensive plan.
What Are Penalties for Violating Land Use Regulations in Texas?
Compliance with zoning laws is mandatory for property owners. There would be legal consequences for an owner who fails to comply with the zoning and land use regulations that apply to their property.
Owners should obtain necessary permits and approvals before they develop their property. Authorities can impose fines for violations and take enforcement actions that can include enforceable requirements to take down structures that are unauthorized and non-compliant. That could prove costly.
There is a legal process available for challenging zoning decisions. Planning department decisions can be appealed to an appeals board. In an appeal, an owner who has been denied the ability to make their desired use of their property may state the reasons for their challenge and appear at a hearing. The property owner would have the right to present evidence at the hearing.
The member or members of the appeals board considers the evidence, arguments and the applicable zoning regulations. It then renders its decision. If the decision is not in the favor of the owner, the owner would have the right to appeal to a court.
However, an owner should understand that during the appeal process, if they choose to appeal, they should comply with the applicable zoning regulations and refrain from making any use of their property that the regulations do not allow.
Should I Consult a Texas Real Estate Attorney?
If you want to develop your property in a Texas town or city in a way that conflicts with local zoning ordinances, you need to talk to a Texas real estate lawyer. Your lawyer is going to be familiar with your city’s land-use ordinances and whether you would have the opportunity to obtain a variance, special use permit or conditional use permit.
Your lawyer is familiar with the procedures you would need to follow to get the permission you need for the use you want to make. Or, if making a use that does not conform with zoning ordinances and cannot get the permission that would make it possible, you can explore with your lawyer other alternatives. Zoning law can be complex and technical, and you are most likely to get the result you want with a lawyer’s professional guidance.
