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Getting Your DuPage County CRE Zoning Variance Approved

 Posted on December 00, 0000 in Zoning and Land Use

Illinois zoning variance lawyersIn DuPage County, and virtually every other county in America, most land is zoned, or designated, to be used for specific things. For example, a plot of land could be zoned as single-family residential, in which case it could not be used to build an apartment complex or open a business. In most situations, large areas are made up of plots of property that are zoned in the same way. If you want to open a business in an area that is zoned as residential, you will have to get what is called a variance, or exception, to the zoning rules. In order to open the business, you would need a commercial real estate zoning variance.

Types of Variance

There are two types of variance available, and you need to apply for the correct one when seeking a commercial real estate zoning variance. The two options are:

  • Area Variance – An area variance is quite common, and used when compliance with a specific zoning law would create an unreasonable restriction on the use of the land. For example, if a plot of residential land is oddly shaped, making it difficult or impossible to build a home on it while complying with standard setback requirements, an area variance would be granted.
  • Use Variance – A use variance is more difficult to get approved, and is used when you want to use a property for a reason outside of what it is zoned for. This is the type of variance that one must apply for when they want to use residential property for commercial purposes.

How to Get Your CRE Zoning Variance Approved

You will need to submit an application for a zoning variance to your local town hall in DuPage County. The application will need to include a written statement of intent, which explains what you want to use the property for, and why. Included in this application should be your explanation for why having a CRE zoning variance approved would benefit not only your plot of land, but also the surrounding neighborhood.

In many cases, you will need to either build your business, or make updates to the construction of the building on the property before opening a business. If that is the case, you need to include the information about the construction that will take place in your application for the variance. Details, such as architectural plans, will be required by the county in order to determine whether or not to approve the request.

Work with Our Seasoned Naperville CRE Attorneys

While the application process is not overly difficult on its own, there are a lot of laws and regulations that are involved with getting a use variance in DuPage County. Having an attorney help you when applying for a variance will greatly increase your chances of getting it approved. This is because they know exactly what types of things the county will be looking for, and how to word the justification to be as convincing as possible.  Lindell & Tessitore, P.C. is one of the most respected CRE firms in the state. Call 630-778-3818 to schedule a personalized consultation with our Oak Brook commercial real estate lawyers today.



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