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ARTICLE · 22 APRIL 2024

Specialty Zoning Topics For Developers And Builders

Gray Reed
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Last month, we delved into the fundamentals of zoning as they relate to developers and builders. Now, let's take a deeper dive into specialized zoning topics that merit closer examination.

United StatesReal Estate and Construction
Emily Bowlin
Emily Bowlin
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Last month, we delved into the fundamentals of zoning as they relate to developers and builders. Now, let's take a deeper dive into specialized zoning topics that merit closer examination.

What are legal nonconforming rights?

The legal concept is derived from Section 211.019 of the Texas Local Government Code which states that "[a] person using a property in a manner considered to be a nonconforming use as a result of the adoption of or change to a zoning regulation or boundary may continue to use the property in the same manner . . . ." Put simply by the Texas Supreme Court, "[it is] land use that is impermissible under current zoning restrictions but that is allowed because the use existed lawfully before the restrictions took effect." Tellez v. City of Socorro, 226 S.W.3d 413, 414 (Tex. 2007).

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