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Zoning Planning & Land Use Law in Texas. Austin, 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.
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The Information on this website has been produced by the City of Austin as a working staff map and is not warranted for any other use. No warranty is made by the City regarding its accuracy and completeness. For official verification of the zoning of a property, please order a Zoning Verification Letter at 512-978-4000.
Land use and zoning laws are the state and local regulations that govern what you can build, how you can build it and what that property can be used for. Land use and zoning laws will vary from city to city, county to county and state to state and apply to both residential and commercial property.
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Most zoning authorities claim to be “complaint driven” meaning that zoning inspectors cite property owners for zoning violations where someone , usually a neighbor, has complain ed. The citation will generally have a court date on which the property owner must appear in court and enter a plea.
1. Citation for Zoning Violations. The first step in a zoning enforcement action is usually the issuance of a citation. These citations are generally served on a property owner for an alleged violation of the applicable zoning code. Most zoning authorities claim to be “complaint driven” meaning that zoning inspectors cite property owners ...
All counties and municipalities in Colorado must form a Board of Adjustment, a panel of citizens that hear certain land use appeals. Both county and municipal Boards of Adjustment are specifically charged, in part, with review of zoning enforcement related decisions. Aggrieved property owners who disagree with a determination made by zoning authorities may request a hearing before the Board of Adjustment. An appeal to a Board of Adjustment generally stays other pending enforcement actions, including enforcement through the courts. While Boards of Adjustment may review the enforcement decisions of zoning authorities, Boards of Adjustment generally cannot grant a “use variance.” This means that a Board of Adjustment may not allow a property owner to use their property in a manner that is a clear violation of the applicable zoning code. For example, a Board of Adjustment cannot grant a variance for a residential property to be used for an industrial purpose which is a clear violation of the zoning code. However, in certain cases, Boards of Adjustment may grant a stay or a specific period of time for a property owner with an illegal use to come into compliance with the zoning resolution.
An allegedly illegal use is not a violation of the zoning code until after a court makes a ruling that such use is actually a violation. However, it is worth carefully analyzing whether a specific use is a violation to better understand the risks of facing penalties in the event a court does find a zoning violation. 2.
While Boards of Adjustment may review the enforcement decisions of zoning authorities, Boards of Adjustment generally cannot grant a “use variance.”.
Despite the good intentions of property owning entrepreneurs, new uses can often lead to zoning infractions and legal action by municipal zoning authorities. The result is a tension between property owners working to achieve the highest and best use for their property and zoning authorities working to minimize impacts and preserve ...
In most cases, unless a prosecuting attorney seeks an injunction, or a court order requiring that the use stop immediately, receipt of a zoning citation does not necessarily mean that the use must immediately stop.
David Herman Hirsch. First of all, a city isn't required to allow time to cure a violation before commencing a prosecution for a code violation, although it is the practice of many cities to emphasize getting voluntary compliance before going to court.
A city is generally not required to allow time to cure before commencing an action in court to abate the violation or impose criminal penalties. However, in most instances, general law cities are required to allow time to cure building and zoning code violations prior to imposing administrative fines, unless the violation creates an immediate threat the public.#N#More