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Billy Corgan Tea Shop Flouts Local Zoning Ordinance With 4 Foot Neon Sign

1/29/2013

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As usual, the Chicago Tribune reports about a peculiar zoning issue with a famous rock star's tea shop in Highland Park, IL.  Smashing Pumpkins lead Billy Corgan, recently installed a 4 foot neon sign of the name of his tea shop, Zuzu's.  The famous tea shop owner decided to fight for his right to have an uncharacteristically large neon sign in the affluent suburb.  Corgan also fought with the zoning commission in Highland Park about his desire to paint the exterior all black.  Zoning disputes are common business and personal legal issues that face property owners in all areas. This simple case study can reveal useful steps property owners of all types can explore to enhance the ways they can use their property.
Mr. Corgan decided that his best option would be to parlay his fame into an after the fact variance to allow his sign.  This strategy may work for Mr. Corgan because his is famous.  Other less influential property owners should work diligently to avoid being out of compliance with local zoning laws.  The best way to do this is to consult the zoning ordinances yourself either online or by dropping by a local government office or consult with an attorney, like those at Nair Law LLC.

After understanding the limitations associated with the ways you envision using your property, you can begin to plan measures to avoid coming into conflict with those restrictions.  For example, owners that plan on modifying their use of their property can apply for a variance and when its done properly and the community process ratifies that change, the owner is insulated from the kind of controversy that Mr. Corgan faces as he attempts to unring the bell.  The zoning commission may come forth with recommendations or suggestions which could prove illuminating.  If rejected, property owners can always work around the zoning rule.

Zoning conflicts for commercial development often is more complex and requires knowledge of the specific issues involved.  Each bundle of sticks that represent the various property rights is vital to a commercial land owner and losing one due to misunderstanding what one can do on one's owner land can prove challenging.  Avoid those situations by understanding beforehand what the local ordinances are that apply to your property, how they affect you, and how you can go about changing those ordinances or creating an exception or workaround for your intended property uses.
UPDATE:  The Chicago Tribune notes that the Highland Park City Council unanimously approved, without discussion, the variance that Mr. Corgan sought.  Mr. Corgan was prepared to defend his variance plea, but it was not even necessary.  This despite the fact the sign was so out of line with the code that the city itself had prepared a document noting the many ways in which it greatly exceeded the specifications for neon signs.  The rule of law and lady justice are not so clear or blind when politicians are involved.
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    Rishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C.

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