Securing land is only the first step in a real estate project

On Behalf of | Mar 9, 2021 | Real estate litigation |

The Toledo area remains a promising locale for developers wanting to build up residential or commercial real estate.

When these projects are run well, and with a little luck, they turn a profit for the developer and other investors.

However, legal problems can easily turn a promising development project into a financial disaster. In this respect, it is important to realize that legal trouble can rear its head both when a developer is identifying and purchasing land and afterward.

Toledo’s zoning and land use laws have to be navigated

Like other cities, Toledo has zoning laws and other land use laws and regulations that developers must be aware of. If during a project these rules are violated, the city may have authority to shut the project down and impose crippling fines.

In many cases buyers will need to be sure they understand the zoning code before purchasing a piece of land. They may also have to attempt to get the code amended.

Sometimes, the new owner will have to ask for a waiver or variance from the city’s zoning code. Waivers and variances are both ways a developer can get a pass on having to follow zoning laws that could otherwise prevent the project from taking off.

Asking for a waiver or variance will involve filing a formal application with the city’s Board of Zoning Appeals. In some cases, the waiver or variance can be granted without having to go through a public hearing in front of the Board, provided that the developer can get the property’s closest neighbors to sign off on the request.

Seeking a waiver or variance or handling other land use matters can be complicated. A developer in the area should make sure he or she has a good understanding of how the law applies to his or her case.