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Commercial zoning issues beg input from proven business attorney

Getting a new business off the ground -- both figuratively and literally -- in the Phoenix metro area or elsewhere in Arizona entails hundreds of hoops and hurdles, with government regulations spanning subject matter that ranges from A to Z.

In the commercial context, that latter reference often centrally refers to zoning considerations, which can be -- in fact, customarily are -- myriad and complex, especially for a business enterprise of material magnitude.

Where zoning is concerned, notes an online overview of the subject, a business principal should "consider speaking with a skilled business and commercial law attorney" to help ensure that every important issue is identified, fully evaluated and legally complied with in all particulars.

Because if that is not the case, troubles down the road are sure to follow.

Consider, for example, a case where business entrepreneurs do not duly consider municipal zoning ordinances prior to executing a commercial lease. It could turn out to be the case that a particular land use or contemplated commercial activity is enjoined for the property they have leased.

Alternatively, owners might quickly find out that the granted variance allowing for a property use that is disallowed for other local businesses applied only to a previous tenant. Or they might discover that, while a zoning edict permits a certain use, that use is conditional upon new lessees satisfying a specific mandate, such as creating parking spaces or implementing noise-abatement measures.

The bottom line regarding zoning matters relevant to the negotiation and execution of a commercial lease is to have a proven real estate attorney on board early to help ensure that all legalities are duly complied with.

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