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Recent Blog Posts
Getting Your DuPage County CRE Zoning Variance Approved
In 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.
Real Estate Development - Zoning Variances and Exceptions
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.
How Changes to Zoning and Land Use Laws Can Impact Land Development Projects
When it comes to zoning and land use laws, developers need to consider more than just the present situation. Unexpected or unplanned changes can occur - sometimes to the detriment of your project. Learn more about how changes in zoning and land use laws may impact your current or prospective land development project, and discover how our seasoned Naperville commercial real estate attorneys can help you mitigate against such issues.
When Zoning and Land Use Laws Change
Municipalities tend to have a long-term vision for the way they want their town or city developed. Typically based on a variety of factors, such as land or wildlife preservation; values, needs, and desires of the community; and earning or tourist potential, this vision is usually outlined far in advance. Of course, things change. Perhaps the population ages or the town experiences a significant and unexpected influx of young people or successful entrepreneurs. Maybe the area starts to flood or suffer from erosion, or an indigenous species become endangered. Regardless of the reason, the city must then attempt to accommodate the change. That may require alterations to their plan, or even to zoning and land use laws.
The Benefits of Force Majeure in a Construction Contract
A construction project often involves many moving pieces, including supplies, equipment, various contractors and their employees, negotiations with the city over zoning regulations, and more. Even under normal circumstances, it can be challenging to ensure that you are upholding all of the details of your construction contract, and it may be impossible during an unprecedented event like the COVID-19 pandemic. At a time like this, it is important to review your contracts to determine whether they include a force majeure clause that can provide relief.
How the COVID-19 Pandemic Affects Construction Projects
COVID-19 and its effects may make it difficult or impossible to fulfill your obligations as a construction contractor for several possible reasons, including:
Condominium Development in Illinois
Condominium developments are unique real estate matters with complex laws, bylaws, and legal nuances. This particular branch of real estate law is complicated even further when there are multiple land owners and a necessity for homeowner association (HOA) agreements. As such, it is critical that condominium land developers seek the assistance of an experienced and seasoned real estate attorney.
Initiating a New Condominium Development
Those who wish to initiate a new condominium development are required to follow a set legal process to gain approval. Intent must be declared and an outline of the Association's bylaws, floorplans, and plat development must be submitted. Furthermore, developers need to ensure that the property or land being purchased is free of liens and that it is eligible for development under local, state, and federal zoning laws. This is especially critical since zoning ordinances could delay or hinder development, potentially costing you a lot of time and money.
Possible Solutions to Zoning Conflicts on Your Property
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.
Conditional Use Permits: What You Need to Know About Obtaining Permits in Residential and Commercial Real Estate Projects
Illinois city zoning and land use laws and regulations are complicated. Navigating through the red tape of the permit process takes more than just a keen attention to the details of the language of the building code. It also takes an understanding of the personalities and processes involved in the planning process. If your commercial or residential real estate project needs a variance from zoning laws, you will need to secure a conditional or special use permit.
Condition Use Permit Process Overview
Each city has its own process for deciding on conditional use and special use permits. The legal process is usually described in the city's zoning and building code and ordinances. But, the laws only describe the formal process. There are some important informal steps that will help you make sure you get the permit you need for your project.
The essential steps for getting a conditional use permit include:
How Important is Price in a Commercial Real Estate Transaction?
When it comes to investing in commercial real estate, there are many factors that determine your final return - but just how important is the price of a property? Perhaps not as much as you think. Learn why in the following sections, and discover how our seasoned Naperville commercial real estate lawyers can provide you with additional leverage in your next CRE transaction.
Examining the Relevancy of Price in a CRE Transaction
While, ultimately, price does have an impact your bottom line in a real estate transaction, it may be far from the most important factor. Instead, matters like taxation, the potential long-term return on investment (ROI), utility costs, and other relevant issues may ultimately trump the importance of price on an investment property. As an example, consider the growth of Wham!, which started out at around $2.5 million for 50,000 square feet of space, but now weighs in around $11.5 million. If the investors who started out in this industry had been concerned about price in the beginning, they might have missed out on a highly profitable opportunity.
Landlord-Tenant Laws - Understanding the Basics of Tenant Rights
Renting out residential property out can give you a steady stream of income and increase your ability to build your wealth or a nest egg for your retirement. There are some risks involved, however.
Tenants may default on their rent or cause damage to the property. You could even be subject to a costly lawsuit if you violate the landlord-tenant laws imposed by local, state, or federal municipalities. Thankfully, by being educated and ensuring you have the right protections in place, you can decrease your risk of such issues. Learn more in the following sections.
Federal Landlord-Tenant Laws
While most landlord-tenant laws are imposed at the state level, the federal government oversees two of the most basic and well-known ones:
The Fair Housing Credit Act - Restricts landlords from discriminating tenants based on their race, national origin, color, religion, sexual orientation or status, or status of disability. It is important to note that this law extends beyond the rental criteria or approval process; it also restricts landlords from making discriminatory remarks in their marketing or advertising; and
Understanding the Plat Approval Process in Naperville, Illinois
Land development is one of the most complex real estate processes. It requires knowledge of zoning ordinances and regulations, due diligence, organization, and careful planning. It also requires that the landowner or developer seek site plan and plat approval. The following will help you better understand the approval process and provide you with key information on how you can smooth the path ahead.
Who Needs a Site Plan and Plat Approval?
Certain plat developments must seek prior approval through the City of Naperville Development Review Team (DRT). This includes subdivisions, planned unit developments, condominiums, dedication of right-of-way, easements, annexations, and vacation public right-of-ways. However, there may be other developments that must seek approval. Since each project is unique, and because zoning violations can be costly in terms of both time and money, it is important to contact an experienced real estate attorney prior to starting your land development project.
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