What to Know Before Requesting a Zoning Variance

 Posted on February 17, 2025 in Zoning and Land Use

Municipalities and counties have zoning ordinances in place that outline what kinds of property can be built in a certain neighborhood or area. Zoning laws exist to ensure that neighborhoods maintain a certain character and to prevent unseemly real estate from being built where it harms the character or living environment of a neighborhood. For example, residents of a residential area with single-family homes might not want a factory or skyscraper in their midst, and zoning ordinances are designed to prevent those types of occurrences. 

Sometimes, however, it is possible to request a zoning variance. A zoning variance is an exception that can be requested to build property that does not fit the description in the zoning ordinances. An experienced Illinois zoning variance attorney can represent you throughout the complex process of obtaining a zoning variance. 

When Can You Ask for a Zoning Variance?

There are many reasons why a property owner might need a zoning variance, all primarily to maximize the property’s potential. A residential property owner might wish to build an extension to their home which could require a zoning variance. A business owner may seek to operate a business from a residential area, such as a small coffee or retail shop. 

It may also be necessary to make changes to historical areas for development purposes, and a zoning ordinance might be granted that would allow the development to proceed while maintaining all or a portion of the historical character.

Types of Zoning Variances

There are two types of zoning variances. A use variance allows a property owner to use their property for a purpose not granted in the zoning code, such as commercial use in a residential zone (the coffee shop in the residential neighborhood, for example). An area variance, on the other hand, permits property to be built that does not comply with the physical requirements for the site, such as by allowing a residential property owner to build a slightly larger home than zoning allows to account for an unusually shaped plot of land.

How Can Property Owners Get a Zoning Variance?

In order to obtain a zoning variance in DuPage County, you will submit an application to the local town hall, including a statement of intent and an explanation of the reasons this zoning variance, if granted, would benefit your property as well as the neighborhood. Usually, a variance may not cause physical or economic hardship or reduce property values. It should also keep to the spirit of the zoning laws. 

Call a DuPage County, IL Real Estate Attorney 

Whether you are a residential homeowner or commercial property owner seeking a zoning ordinance, the experienced Naperville, IL real estate attorneys can represent your interests. At Lindell & Tessitore, P.C. our attorneys are skilled and experienced at navigating local zoning ordinances. Contact our offices for a consultation by calling 630-778-3818.