Zoning laws can make property development difficult, but engaging a real estate attorney from the start ensures your El Paso project remains in compliance and you have smooth progress right to the end.
How to Navigate Zoning Laws When Developing Commercial Property
Engaging an El Paso, TX Real Estate Attorney
Your first step is to talk to an attorney with lots of experience in these issues. Having legal help makes the process simpler from the start. Your lawyer can review your contracts, negotiate with sellers on zoning contingencies, represent you in hearings for variances or disputes, and make sure that all your deeds and leases match zoning realities. If a dispute arises, your lawyer will be there to mediate a resolution or take it through to litigation if necessary. Most importantly, a lawyer’s oversight allows you to catch any hidden restrictions or issues with titles before they can endanger your investment.
Understanding Zoning Classifications
Before purchasing or planning any development, the first step will be identifying the zoning classification of your target property, and this requires reviewing zoning maps and ordinances to discover the precise boundaries and rules for each district. These classifications might control more than just whether your commercial property can exist. They can also restrict certain things about the property, such as how many stories it can be or how many parking spaces are required. While much of this information is online these days, it’s absolutely crucial to verify the information officially.
Understand the Permitted Uses and Restrictions
Once you know the zoning classification, your lawyer will help you dig into what it allows. It’s common for commercial zones to permit a range of businesses in an area, but with caveats. For example, a general commercial district might allow stores and offices but prohibit manufacturing facilities. There are often rules about the distance that buildings have to be from property lines, how large signs can be, and how waterways must be protected. In some cases, you may have to actually prove that something about your project won’t do any harm to nearby properties.
Rezoning Requests
The city’s planning department handles rezoning requests if the current classification of an area doesn’t match your plans, and, again, having a lawyer deal with this is the best way to ensure success. You’ll have to submit an application, pay fees, and make a presentation at public hearings where neighbors can voice their opinions on the rezoning. Your lawyer will advise you on the likelihood of success and make sure each step is done carefully and correctly.
Check for Incentives
In some cases, you may be able to take advantage of special incentives provided for developers who include energy-efficient designs or affordable housing components in their construction. Your lawyer will be current with all these incentives as well as all codes and recent amendments.
Whether you’re in the early development stage or dealing with a zoning dispute, we can help. Contact the Law Offices of Albert Nabhan now in Odessa or El Paso, or call us at 915-292-3518 to set up an appointment to discuss your needs.
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