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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6729
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Can I legally run a small business out of my second home in

Customer Question

Can I legally run a small business out of my second home in Texas? I will be using it to do facial treatments. Shouldn't have more than 3-5 people at a time there. I am a licensed aesthetician.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 10 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

Could you explain a little more?

Is the area zoned for mixed used? That is, for both commercial and residential?

Customer: replied 10 months ago.
There are some businesses in the area that are zoned. Mine is not "zoned", but I do not have anyone living there. I have heard that it is legal if it separates from my live in home. Is this true? I will only have maybe 1-5 people at a time there.
Expert:  Phillips Esq. replied 10 months ago.

Thank you for the information.

I cannot confirm the information that you have received. So, I will opt out and give another Attorney the opportunity to further assist you.

Expert:  Attyadvisor replied 10 months ago.

I am a different attorney and it will be my pleasure to assist you.

There are some businesses in the area that are zoned. Mine is not "zoned", but I do not have anyone living there. I have heard that it is legal if it separates from my live in home. Is this true? I will only have maybe 1-5 people at a time there.

It is very rare that there are homes, offices, farms or another type of land that does not fall under a zoning designation. You may be telling me that you are not zoned business. What is your zoning designation? I can tell what you need to do if you do not fall under zoning would allow the use of your property for a business purpose but I need to know your current zoning and the local laws. ordinances and codes that govern your area. Where in Texas is your property located? Is it within city limits? If so which city? Is the zoning handled by your county?

Customer: replied 10 months ago.
I'm in Dallas,TX. It is in Dallas, TX it is zoned for residential and multi family. I just need a small space to do my fluff facials in. I will not be living in the space. I have heard from several people, that as long as the space is separate from where I residence in, it is ok. Is this true? If so, can you help me with the steps I need to take to make it legal? I.e.: codes, permits,tax number, business number, LLC, etc... Thank you!
Expert:  Attyadvisor replied 10 months ago.
I need to know what your actual zoning designation is now. I worked as the legal counsel for the county zoning department and if you are not zoned as needed you would apply for a variance. Basically this is asking the zoning department to make an exception and permit you to receive the variance allowing you to use the property as an office. The process can be time consuming. I have to say that when the person seeking a variance had an attorney they were granted permission quickly. I can provide a link for local land use attorneys that provide free consultations as well as send you the process. Give me a few moments please.
Expert:  Attyadvisor replied 10 months ago.
This is a link for land use attorneys in the area that provide Free consultations. http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/dallas/texas
Customer: replied 10 months ago.
That would be great! If you could steer me into the right hands... It is zoned residential, but I know of people who use their home as long as there is seperation. Can I get it "zoned" fairly easy, you think?
Expert:  Attyadvisor replied 10 months ago.
This is the link for the zoning requirements http://dallascityhall.com/departments/sustainabledevelopment/planning/Pages/zoning.aspx
Expert:  Attyadvisor replied 10 months ago.
This a sample of regard process through Fort Worth. http://fortworthtexas.gov/planninganddevelopment/boa/ It is not easy it is just tedious. Oddly the process is so much easier with an attorney. You will contact the Zoning department and ask them for the application for a variance. They need to provide you with the procedures. Remember your tax dollars pay their salaries.
Expert:  Attyadvisor replied 10 months ago.
Once you receive the application please do not hesitate to ask me ask me any additional questions that you may have as it would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Please free to return to this question with any follow up questions that you may have. Thank you for using JA.
Customer: replied 10 months ago.
Can you tell me the steps to take to make this happen please?
Customer: replied 10 months ago.
This is my 3rd agent. Much more time consuming than ad leaves to believe...
Expert:  Attyadvisor replied 10 months ago.
I am an attorney that took over your questions because the first attorney opted out. There may be some confusion on the services we provide. Pursuant to the terms of service for the site we provide general information. We are prohibited from entering into an attorney/client relationship with the customers on the site. I am not sure which ad mislead you. You asked if if a residential property could be permitted to run a business. The answer is yes. The process is called a variance. Since Dallas does not set out the process online I provided Fort Worth as the process is the same throughout the State. If you have specific application questions it would be my pleasure to answer them. That being said having 28 years of experience in this area of law I would suggest sitting down with a local land use attorney that provides FREE consultations that can represent you to expedite the process. I am sorry if the terms of service were not clear to you and you believed you were paying for an attorney to represent you on this site. Please do not hesitate to let customer service know you feel that you were mislead. In the meantime please read the Fort Worth process and obtain a copy of the documents you will need from the Dallas Planning Department. Any questions you have would be my pleasure to answer. Thank you for using JA. We appreciate your business.
Expert:  Attyadvisor replied 10 months ago.
Fort Worth". Sorry for the typo I am on my iPhone and it has a mind of its own.
Expert:  Attyadvisor replied 10 months ago.

Variances http://www.njdhs.com/wp-content/uploads/2012/08/Overview-of-Zoning-in-Texas-Enabling-Act-by-David-M.-Berman.pdf

Page 13 sets out what a variance is. The process is the same throughout the state.

This link sets out the process step by step http://fortworthtexas.gov/planninganddevelopment/forms/zoning-variances.pdf

Can you copy the ad you are referring to? Thank you. Please feel free to contact customer service we don't want any misunderstandings on the services we provide.

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