One might like to think that they can do whatever they want with their property, but as one Illinois family is learning, that is not always the case. After purchasing a swing set for their children and placing it in the front yard, someone filed a complaint and they received notice that they were in violation of the local zoning laws. Now they are at risk of being forced to remove the swing set and they may even incur fees – all because of neighborhood aesthetics. What can you do if faced with a similar situation? The following explains.
Why Zoning Laws Exist
In the right context, zoning laws can preserve communities. As an example, zoning laws do not permit industrial development in certain residential areas; this protects the community from noise and air pollution and preserves its aesthetics. Unfortunately, some communities can go overboard with their zoning laws. They become overly restrictive, prohibiting anything and everything that makes each home unique.
Such is the case with the family battling over a swing set.
The equipment is not affecting or harming anyone. It was purchased by the homeowner, placed on their property, and is not an eyesore or a hazard. Yet, if they do not comply with the order, they could be at risk for a forced removal and any associated costs. They could also incur hefty fines for ignoring the order. Thankfully, homeowners do have a few options in such situations.
Seeking a Zoning Variance or Exception
A zoning code variance or exception is exactly what it sounds like: an exception that allows one to deviate from the zoning laws. The problem with this is that variances and exceptions are not easy to obtain, nor are they free. Instead, homeowners must pay a fee and navigate through a legally complex process if they want to keep an item on their property that has been deemed in violation of the community’s zoning laws. That is why the assistance of an attorney is so crucial.
Contact Our Naperville Residential Zoning Law Attorneys
While it may seem counterproductive to hire an attorney for your residential zoning issues, doing so can offer numerous benefits to you and your family. First, an attorney can handle the legal aspects of your case. That means you can focus on work and family, rather than zoning and land use issues. Second, an attorney can aggressively protect your right to use your property in the way you see fit.
If you are experiencing a zoning or land use issue, contact Lindell & Tessitore, P.C. for assistance. Our seasoned Naperville residential zoning law attorneys will examine your situation, explain your options, and we can aggressively pursue the most favorable outcome. Call 630-778-3818 today.