Agenda - Planning Commission - 07/05/1995

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Page 2 -- June 1995 Z.B. Zoning Violation -- Neighbors Say Use of Rezoned Land Violates Ordinance Peet v. Bouie .Construction Inc., 644 N.E. 2d 461 (Illinois) J994 Bouie Construction Inc. bought three connecting parcels of land in Will County, Ill. One'parcel was zoned highway commercial, and the others were zoned for single:-family residences. In the highway commercial zone, allowed uses included motor vehicle sales and repairs, antique shops, and towing ser- vices. Bouie's owner said the company was mainly a subcontractor that did con- crete road paving. In 1986, the company moved its offices into a building on the commercial lot. It also began storing equipment in another building on the property. Five or six years later, the company expanded; it hired more employ- ees, bought bigger equipment, and got more business. By 1992, the company stored many pieces of equipment on the residential parcels. Peet and others owned residential property near Bouie's lots. They claimed the company's diesel trucks and tractors would start each morning between 5:30 and 7 a.m. There were also times when the equipment_would start running at 1:30 a.m. In the winter, each truck or tractor warmed up for 25 minutes. The idling could also be heard at other times of the day as trucks came and went. The cleaning and maintenance of the equipment produced noise, water, dirt, smoke, and fumes. After the neighbors complained to county zoning authorities about Bouie's activities, the company asked the county to rezone the residential properties for general business use. It also sought a special use permit for outdoor storage and a variance on the side yard lot line. In the general business zone, allowed uses included farm and garden, supply stores, day care centers, and cartage, express, or delivery Systems. Special uses included "similar and compatible" uses, like drive-in theaters, hotels, liquor stores, and bars. Boule said ii wanted to use the property as a truck terminal and as offices for a Construction business. It wanted to include an area for vehicle mainte- nance and outdoor storage of equipment and materials. The neighbors opposed the rezoning, arguing that Bouie's intended uses were industrial, not commercial. The county's intensive industrial zone allowed cement block manufacturing, truck terminals, and railroad yards. The county Planning and Zoning Commission recommended that the County Board grant the application. Although Bouie's proposed uses were not included in the general business zone's permitted or special uses, the board granted the application. The neighbors sued Bouie. After trial, the court found Bouie violated the county's zoning ordinance. The company's uses of the property were appropri- ate only in the intensive industrial zone, not the highway commercial or gen- eral business zones. The court ordered Bouie to stop using the property as a truck terminal or for outdoor storage and maintenance. Bouie appealed.