If you’re a business owner, imagine learning that the zoning law that affects your area is changing, and that businesses like yours will no longer be allowed to operate in certain spaces. For example, maybe you own a liquor store that will be too close to a school under the new zoning restrictions.
You can’t just close up shop and relocate or change the products you sell immediately. Thankfully, that’s why Texas law allows “legal nonconforming use.” This lets businesses that were established lawfully under prior zoning regulations be “grandfathered” in and generally allows them to continue to operate despite new, conflicting regulations.
What does the law say?
Specifically, municipal zoning law states that anyone “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 unless required by a municipality to stop the nonconforming use of the property.”
Under Texas law, business owners are considered to have “vested rights” if they were operating a business legally under previous zoning laws. That means they must be given time and/or compensation to relocate.
Businesses that sell liquor, tobacco, CBD and vaping products as well as adult entertainment venues and gaming arcades are among those most commonly affected by zoning ordinances – especially those mandating a specified distance from schools and houses of worship. Still other zoning ordinances may not allow anyone to openly run any business from their home.
Know your rights
The “nonconforming use” period likely won’t last indefinitely. Depending on how the zoning code reads, you may be allowed to continue operating at your current location – for example, enough time to recoup the investment you’ve made in the property. The law requires that if a municipality wants a business out sooner than that, they typically have to compensate the owner the cost of closing the business (including any time left on the lease) and relocating.
If a zoning change is going to affect your business, you need to know your rights so that you can protect your business. It’s wise to get experienced legal guidance as early as possible as a result.