How Do I Resolve a Zoning Issue?
Zoning problems can halt construction, derail a real estate deal, or put your business plans on ice. Whether you’ve discovered a zoning issue during a property purchase, received a notice of violation, or are facing pushback on a proposed development, you’re not alone. And you’re not out of options.
Here’s what to know about resolving zoning issues in Texas and how legal guidance can help you move forward.
What Is a Zoning Issue?
A zoning issue typically arises when the use or intended use of a property does not comply with local zoning laws or ordinances. Common zoning conflicts include:
Trying to run a business in a residential zone
Building structures that exceed height or setback limits
Converting a single-family home into a multi-unit rental
Operating a short-term rental in a restricted area
Buying property only to find it can’t be used the way you intended
Zoning laws vary by city and county, so what’s permitted in one area may be prohibited just blocks away.
Step 1: Understand the Zoning Classification
Before taking action, you’ll need to know how your property is currently zoned. This information is typically available from your city’s planning or zoning department.
Zoning classifications dictate what types of structures and uses are allowed on a particular piece of property. Common types include:
Residential (R-1, R-2, etc.)
Commercial (C-1, C-2, etc.)
Industrial (I, M)
Agricultural (AG, A)
Mixed-use or Special-use designations
Understanding the specifics of your zoning classification will help determine whether you're out of compliance and what options you have.
Step 2: Explore Your Options for Resolution
Once you’ve identified the issue, there are several ways to resolve it:
Apply for a Zoning Variance
If your property use violates the current zoning law but doesn’t harm the public interest, you may be able to apply for a variance. This allows you to make an exception to the rule without changing the zoning itself.
Variance applications require a public hearing and approval from the local zoning board.
Request a Zoning Change (Rezoning)
In some cases, you can petition the city or county to rezone the property to a more appropriate designation. This is a more complex process and often involves:
Public notice and hearings
Demonstrating compatibility with the city’s comprehensive plan
Gaining support from nearby property owners or the planning commission
Apply for a Special Use Permit (SUP) or Conditional Use Permit (CUP)
If your intended use is not allowed by right but may be allowed under special conditions, you can apply for an SUP or CUP. These are case-by-case exceptions that require approval by local authorities.
Appeal or Challenge the Violation
If you receive a zoning violation notice, you may be able to appeal the decision, especially if it was issued in error, or if the ordinance is unclear or inconsistently enforced.
Step 3: Document Everything and Work with Legal Counsel
Zoning decisions often involve multiple stakeholders, require legal interpretation, and comprehensive administrative procedures. You’ll want to:
Keep detailed records of all communication and any notices received
Work with a land use attorney to prepare your application or appeal
Anticipate objections from city staff, neighbors, or planning boards
Make a compelling case supported by zoning precedent and planning goals
How LDG PLLC Can Help
At LDG PLLC, we assist clients across Texas in resolving zoning issues quickly and strategically. Whether you’re applying for a variance, appealing a violation, or seeking rezoning, we provide:
Legal review of local ordinances and property restrictions
Application preparation and hearing representation
Strategic guidance to increase your chances of approval
Zoning problems don’t have to stop your plans, but you need the right strategy to overcome them.
Zoning Issues Don’t Fix Themselves. Take Action Today
Waiting too long to address a zoning issue can lead to fines, permit denials, or even court action. The sooner you understand your options and get legal help, the better your outcome is likely to be.
If you're facing a zoning problem in Texas, contact LDG PLLC to discuss your case and take the first step toward resolution.