Permits and Approvals in Real Estate Development

 Posted on February 14, 2024 in Commercial Real Estate

When undertaking a real estate development project, there are a number of permits and approvals that may be required in order to proceed. Developers will need to address zoning laws in a county or municipality, and they may need to take steps to receive approval for certain types of projects. Some common issues that may need to be addressed include rezoning, planned unit development (PUD), and special use permits (SUPs). For legal assistance in these matters, contact a skilled attorney for essential assistance.

Rezoning

The first step in many development projects is to seek a change in zoning for the property in question. This is typically necessary when the proposed use for the property falls outside of the allowable uses under the current zoning designation. For example, a developer looking to develop a commercial retail space on a parcel of land currently zoned for residential use would need to have the property rezoned.

A developer must file an application with their local planning commission or department to get a property rezoned. The application will likely require information about the proposed development, including the type of use, density, parking requirements, and more. Once the application is filed, staff will review it and potentially modify it based on their recommendations. The revised application will go before the planning commission for a public hearing. If approved by the commission, the rezoning request will then move on to the city council or board of supervisors for final approval

Planned Unit Development (PUD)

An Illinois PUD is a type of zoning designation that allows for greater flexibility in terms of land use than what is typically allowed under standard zoning regulations. PUDs are typically used in situations where it is desired to create a unique mix of uses—such as residential, commercial, office, and industrial—within a single development

Unlike rezoning, which involves changing the existing zoning designation for a piece of property, PUDs are created as part of the comprehensive planning process at the outset. As such, they will be incorporated into the city or county's general plan. To create a PUD, a developer will need to work with city planners to amend the general plan and establish appropriate boundaries for the PUD district. Once created, developments within a PUD must adhere to certain regulations specific to that district

Special Use Permit (SUP)  

A SUP is similar to a PUD in that it allows for greater flexibility in terms of land use than what is typically allowed under standard zoning regulations. However, SUPs differ from PUDs in that they are applied to specific parcels of land rather than entire districts. SUPs are typically used in situations where it is desired to allow a use that would otherwise not be permitted under current zoning regulations

To obtain an SUP, a developer must file an application with their local planning commission or department detailing the proposed use for the property. As with rezoning applications, SUP applications will likely require information about the proposed development, including its type, density, parking requirements, and more. Once filed, the application will go through a similar review process as rezoning applications before ultimately being heard by the planning commission, city council, or board of supervisors

Contact Our Naperville, IL Real Estate Development Attorney

Navigating the world of real estate development can be complicated, but understanding which permits and approvals are required for a project does not have to be one of those complications. At Lindell & Tessitore, P.C., our DuPage County, IL commercial real estate lawyer can assist with all aspects of real estate development, including addressing complex matters related to rezoning, PUDs, and SUPs. Contact us today at 630-778-3818 to set up a consultation and learn about our legal services.