What Are Your Options for Challenging Illinois Zoning Use Laws? 

 Posted on May 18, 2025 in Commercial Real Estate

Zoning ordinances can have a significant impact on commercial real estate owners and developers. They are intended to ensure that neighborhoods and land are used according to what is best for the community. They also ensure standards are in place for land development. Zoning ordinances determine how land can be used–whether for residential, commercial, or industrial use.  

They can create conflict for a commercial real estate business owner seeking to develop their property to its fullest potential. The good news is that it is possible to challenge zoning decisions. An experienced DuPage County, IL zoning and development attorney can advise you on your options for challenging zoning use ordinances, and represent you throughout the process. 

What Are the Options for Challenging Zoning Use Ordinances?

There are several different ways to challenge zoning use laws. If your request is denied, you can appeal that decision.

Variance

By successfully obtaining a variance, you could develop a project that would not otherwise comply with zoning regulations. A variance will maintain the property’s existing zoning but provide exceptions to restrictions. You or your attorney would apply for a variance with your local zoning authority. For example, if a zoning law only allows buildings up to four floors, you can apply for a variance to permit a five-story building to be built on the property. 

Special Use Permit

Even if a parcel of land is zoned to allow for certain activity, some uses of the land require a special use permit or a conditional use permit. It can give you flexibility to develop the land, but it will have to be generally compatible with the surrounding community. For example, if you want to open a car dealership in a certain area, you may have to apply for a special use permit, as this may increase traffic and noise. The permit process gives the government a chance to review these impacts and set conditions for your use of the land in this manner. 

Nonconforming Use

When a property was developed under certain zoning laws that allowed its use, but those zoning laws were subsequently amended, that property’s use may be incompatible with current zoning laws. In this case, you will be using that property for nonconforming purposes. In some cases, the local zoning board will review nonconforming use applications and require compliance with regulations. An attorney can help you ensure that you remain compliant with the law while maintaining the nonconforming use. 

Call a DuPage County, IL Zoning Use Attorney

When you are a commercial real estate developer, the success of your development can sometimes hinge on whether zoning ordinances allow you to develop as per your business plan. When there is an issue, turning to experienced Naperville, IL commercial real estate attorneys can help. At Lindell & Tessitore, P.C. we work with commercial real estate developers to provide skilled representation on zoning matters. Call the office at 630-778-3818 for a consultation.