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Is it ok to run a commercial business in a residential home…

Customer Question
Is it ok to...

Is it ok to run a commercial business in a residential home in Westlake , Texas?

Lawyer's Assistant: Has anything been officially filed? If so, what?

Nothing filed , I have a neighbor that runs a commercial business out of his house . Can he do this legally in Westlake Texas .?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Address 901a Westlake Dr., Westlake, Tx., 78746in residential area. Does he need to be permitted, or is it not legal due to zoning?

Submitted: 1 month ago.Category: Business Law
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Answered in 3 days by:
3/14/2018
Business Lawyer: Michelle-Mod, Moderator replied 1 month ago
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Customer reply replied 1 month ago
please. I really need the answer because I think he should not be able to do this, and he has large deliveries which block the driveways of all neighbors .
Business Lawyer: Lucy, Esq., Attorney replied 1 month ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 31,899
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

To start, it's never legal for someone to park their vehicle blocking a driveway. Tex. Transp. Code, Section 545.302. Any time this happens, you can call the police non-emergency number and ask them to come out and ticket the vehicle. You can also take pictures of the license plate and positioning of the vehicle, which would allow them to issue the ticket after the fact even if they don't make it out before the vehicle leaves. You can only stop in front of a driveway to momentarily discharge a passenger, not to unload. Note that the statute also prohibits "standing or parking," which means that even if they leave the vehicle running, it's still illegal.

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Business Lawyer: Lucy, Esq., Attorney replied 1 month ago

Beyond that, it depends on how the land in your specific area is zoned. There are five different types of residential zones in Westlake, which allow slightly different uses. For example, most residential areas allow a person to operate a day care out of their home - but it doesn't sound like that's the type of business you're talking about it all. It sounds like what you're describing would not be allowed at all as long as your neighborhood's zone starts with the letter R. Check this chart.

https://library.municode.com/tx/westlake/codes/code_of_ordinances?nodeId=COOR_CH102ZO_ARTIIIPEUS

You may also want to contact the city to verify your zone if you're not certain. Most likely, your neighbor is violating zoning laws, and you can ask the city to come out and fine him. You and your neighbors may also have a private cause of action against him for nuisance. A nuisance occurs when someone unreasonably interferes with their neighbor's use and enjoyment of their property. Blocking driveways, exceeding expected use on the roads, constant traffic - all of that can constitute a nuisance. You may be able to get a court order enjoining him from holding the business, plus punitive damages for your frustration in dealing with this.

Nuisance lawsuits aren't terribly common, so most courts don't have forms online. However, if other neighbors agree with you on this, it might be possible to join together and share the cost of a local attorney, at least to send a "cease and desist" letter to the neighbor in an effort to get him to move the business without going to court.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Business Lawyer: Lucy, Esq., Attorney replied 28 days ago

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