Real Estate Development - Zoning Variances and Exceptions

 Posted on December 00, 0000 in Zoning and Land Use

When you invest in commercial property, it is critical that you are able to use it as planned. Unfortunately, if due diligence is not performed, there could be zoning issues that hinder the completion of a project. Depending on the situation, developers may be permitted an exception, otherwise known as a zoning variance. Learn more about variances, when they apply, and how a skilled real estate attorney can help with pursuing one for your current development project.

What is a Zoning Variance? 

Local municipalities are responsible for the way their community develops. Zoning ordinances allow them to control and limit the presence of undesired structures and land uses. Most of the time, those ordnances are based on community desires (i.e. residents not wanting a factory near their homes), rather than government desires, but there are exceptions. Examples include ordinances that prioritize land and wildlife preservation.

Variances address issues that fall outside of the current zoning ordinances. Examples could include the addition of a structure, such as a gazebo, or the rebuilding of a structure that once complied with zoning laws but will exceed height limits once the restoration has been completed.  Zoning exceptions do not typically cover land uses, such as converting residential land to commercial land. However, a homeowner could potentially seek an exception that would allow them to run a business out of their home, even though the area is zoned for residential purposes.

Obtaining a Zoning Variance for Your Land Development Project

Ideally, developers would complete their due diligence to ensure that the land can be used for their intended purpose, as variances can be difficult to obtain and are never guaranteed. Yet, if a land developer completes their due diligence and finds that a zoning variance is needed - perhaps to build a parking lot that was originally expected to fall within the zoning laws but had to be redrawn, due to an issue with land erosion - their request may be granted. Unfortunately, pursuing one is a fairly complex process, and protocol must be followed in order to obtain one. There is also still the risk of rejection. As such, it is highly recommended that land developers seek the aid of a seasoned real estate lawyer while pursuing a zoning variance for their project.

Contact Our Naperville Commercial Real Estate Lawyers

As one of the most trusted Naperville commercial real estate law firms, Lindell & Tessitore, P.C. is the name to remember when you need help with a zoning variance. Dedicated and experienced, we work hard to handle the legal aspects of your development project so that you can focus on everything else. Call 630-778-3818 and schedule a personalized consultation today.

Sources:

http://www.naperville.il.us/contentassets/f6f4d1b8766c4564bde31277f00f444b/zoning-petition.pdf

http://www.naperville.il.us/contentassets/f6f4d1b8766c4564bde31277f00f444b/pzc-by-laws-4.3.17---approved.pdf