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Conditional Use Permits: What You Need to Know About Obtaining Permits in Residential and Commercial Real Estate Projects

 Posted on December 00, 0000 in Zoning and Land Use

conditional use permit, Naperville IL zoning lawyerIllinois city zoning and land use laws and regulations are complicated. Navigating through the red tape of the permit process takes more than just a keen attention to the details of the language of the building code. It also takes an understanding of the personalities and processes involved in the planning process. If your commercial or residential real estate project needs a variance from zoning laws, you will need to secure a conditional or special use permit.

Condition Use Permit Process Overview

Each city has its own process for deciding on conditional use and special use permits. The legal process is usually described in the city's zoning and building code and ordinances. But, the laws only describe the formal process. There are some important informal steps that will help you make sure you get the permit you need for your project.

The essential steps for getting a conditional use permit include:

  • A meeting with planning department staff.
  • Discussing the planning department's concerns with a real estate attorney.
  • Drafting application and site plan.
  • Submitting the application with fees to the planning department.
  • Planning department issues analysis and recommended actions.
  • A public hearing with either the zoning commission or city council is held.
  • A decision is made.

While a meeting with the planning department and use of a real estate attorney are not required under the law, both steps make securing the needed permit much more likely.

What Happens If My Permit Request is Denied?

Sometimes even the most well-prepared conditional use permit application will be denied. If the permit is essential to your project, you will need to review the reasons for the denial. In some cases, the denial is a result of issues the planning department had with the proposal that can easily be solved. Often another meeting with the planning department and a new application will result in the issuance of a permit.

However, there are cases where the city council or the zoning commission have acted unreasonably. They may be acting inconsistently with the power they have been delegated. In some cases litigation may be needed to secure the permit. Each case is unique and only a real estate attorney well versed in city zoning disputes will be able to properly evaluate your options.

Do you need a condition or special use permit? Before you brave the process alone, speak to a knowledgeable and experienced Naperville, IL real estate attorney as soon as possible. Call Lindell & Tessitore, P.C. at 630-778-3818 today to schedule an appointment. Don’t let a mistake cost you a permit.



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