Strategies to Minimize Commercial Real Estate Zoning Issues 

 Posted on June 14, 2025 in Business and Commercial Law

Navigating zoning laws can be one of the most challenging aspects of Texas commercial real estate deals. Whether you are launching a new business, expanding, or investing in development, zoning rules can complicate commercial real estate projects. For instance, in Texas there are different types of commercial zoning uses. As a result, if a property is zoned as light commercial but you are developing a large shopping center, you may run into issues if you simply assume a commercially zoned area is appropriate without checking into the specifics. For this reason, speaking to an experienced Tarrant County, TX real estate attorney who can check the specific zoning designation for your property is key.

How Can You Avoid Commercial Real Estate Zoning Law Issues?

Do Your Due Diligence Early

Before signing a purchase agreement or lease, it is critical to understand the property’s current zoning classification. Cities and counties across Texas have zoning maps and ordinances that define what type of business or development is allowed in each area. Check whether your intended use is permitted by right or requires special approval. It is also a good idea not to assume that property is zoned properly merely because similar businesses are located nearby.

Strategic Property Selection

Searching for your property with zoning in mind can mitigate many potential issues. Look for properties in areas with flexible zoning classifications or those undergoing revitalization where municipalities are more open to mixed-use developments. Properties near major transportation hubs or in designated economic development zones often offer more permissive zoning options as well.

Use Zoning Letters and Certificates

It can be helpful to request a zoning verification letter or certificate from the local planning department. These official documents confirm the current zoning for the property and may outline any restrictions or conditions. They can also be useful for investors, lenders, and other stakeholders.

Consider a Variance or Special Use Permit

If your intended use does not align with existing zoning, you may still have options. A variance allows you to deviate from zoning regulations under specific circumstances, while a special use permit allows certain non-standard uses subject to local approval. In order to request a zoning variance or special use permit you will have to go through a legal process that may involve public hearings, neighborhood input, and a convincing legal argument.

Plan for the Appeal Process

If your initial application faces rejection, it is still usually possible to appeal the decision. Most Texas municipalities have appeal processes that allow you to present additional evidence or modified plans.

Call a Tarrant County, TX Real Estate Attorney 

While Texas zoning laws can be complex, an experienced Hill County, TX real estate attorney can advise your organization on the important considerations and specific hurdles you may face based on zoning laws and your business plan. At Cain & Kiel Law we advise real estate investors and developers on zoning issues. Call us at 817-645-1717 for a consultation.