Possible Solutions to Zoning Conflicts on Your Property

 Posted on December 00, 0000 in Zoning and Land Use

Before purchasing real estate, most buyers check zoning regulations to ensure the property can be used for the purpose they have intended. Unfortunately, zoning laws can change and cause conflicts for land owners, homeowners, and business owners. Furthermore, if the needs of a property owner change and require an expansion, they may run into zoning issues. Thankfully, there are some strategies that property owners can use to resolve zoning conflicts.

Nonconforming Use

When an existing property or its qualities conflict with a new zoning regulations, landowners or buyers may be able to seek temporary relief under nonconforming use. This allows the property to be used for its current purpose, despite zoning laws, for a limited period of time. However, there are some limitations. Once the amortization expires, the property must be converted to conforming use. Additionally, nonconforming use typically expires if it is abandoned (i.e. a business closes down), or if the building is partially or completely destroyed.

Variances (Special Use Permits)

Variances, otherwise known as special permits, allow landowners to work in exception to a zoning ordinance conflict. Unfortunately, these are often highly complex solutions for zoning conflicts. This is because the landowner usually has to prove that there is some sort of hardship that justifies the need for a special use permit. Our attorneys can help you understand if you qualify for a variance and assist you in pursuing one for your real estate property.

Conditional Use

In some instances, the specific use of a property may be permitted, but only if certain conditions are met. As an example, zoning laws may permit business use of a property within a residential zone, as long as off-street parking is provided. This is known as conditional use. Property owners must follow an application and approval process to receive this zoning permission.

Get Experience Help with Your Real Estate Zoning Issues

At Lindell & Tessitore, P.C., we have the experience and knowledge you need to pursue a resolution for your zoning problem. Committed to making your project a success, we can assist you throughout the entire zoning process, from start to finish. Contact our Oak Brook zoning and land use lawyers today to learn more. Call us at 630-288-2555 today.

Sources: https://www.municode.com/library/il/dupage_county/codes/code_of_ordinances?nodeId=CH37DUPACOZOOR_ARTITI http://mrsc.org/Home/Explore-Topics/Planning/Development-Regulations/Nonconforming-Uses-Structures-and-Lots-Regulatio.aspx http://www.pendleton.or.us/sites/pendleton.or.us/files/File/community_development/apps-forms-fees/WhatisaConditionalUse.PDF https://www.windom-mn.com/building-and-zoning/conditional-use-permits-variances/