Zoning Planning & Land Use Law in Illinois

The laws controlling how land can and cannot be used in Hillside, Illinois are fairly complicated, and can be confusing to laypersons. This should provide a basic overview.

Municipal governments which practice zoning normally follow a similar scheme: the town or city is divided up into "zones," or areas in which particular types of use are permitted. For instance, the downtown area might be zoned for commercial and office use, and perhaps for large, multi-unit apartment buildings. The surrounding areas will normally be zoned for residential and small-scale commercial use, and the outskirts zoned for manufacturing and other heavy industry.

There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be constructed next to daycare centers, pig farms should not be constructed in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

Zoning laws usually acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be done in residential areas.

Possible Outcomes of Boundary and Title Disputes in Hillside, Illinois

Zoning laws are frequently quite extensive and meticulous, and it's quite possible that your property in Hillside, Illinois contains some minor zoning violation that you don't know about. If this happens to you, you have substantial legal protections.

It should be discernible that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a huge inconvenience, you should obviously do this.

Occasionally, however, a landowner wants to make improvements on their property which might constitute a slight violation of Hillside, Illinois's zoning laws. In this case, the owner can apply for a variance - an official agreement from the local government to not enforce a certain zoning regulation. Usually, variances are granted when the violation is quite minor, and, enforcing the letter of the zoning law would not do much to advance its broader purpose.

Moreover, if you have been residing on your property for a long time, and made improvements on it that complied with the zoning laws in effect at the time, a new zoning law that would be violated by your prevailing use of your property, the new law cannot be enforced against you. The U.S. Constitution bars the passage of "ex post facto," or retroactive, laws. Once the laws take effect, however, you'll have to comply with the new zoning laws with respect to any new improvements you want to make on your property.

What Can A Hillside, Illinois Attorney Do?

If you find yourself facing zoning or other land use issues, it's critical to have good legal advice. A reliable Hillside, Illinois attorney will help you work within the law to ensure that you are as free as possible to make the use of your land that you want.