Agenda - Planning Commission - 03/05/2015

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Zoning Bulletin January 10, 2015 1 Volume 9 1 Issue 1 private landowner may challenge the validity of a special use permit in an action brought pursuant to Illinois Municipal Code § 11-13- 15—which permits private actions to enforce zoning violations. The Background/Facts: In July 2009, Gene Talley ("Talley") was the zoning officer for the Village of Saybrook, Illinois (the "Village"). While acting as the zoning officer, Talley issued a build- ing permit to himself for the construction of a 42 -foot by 72 -foot storage structure ("shed") on property he owned in the Village's R-1 residential district. Later, the Village's attorney advised Talley to cease construction until he established a principal use on his prop- erty or he applied for a conditional -use permit. Eventually, the Village adopted a zoning amendment, reestablish- ing a zoning board of appeals to consider special -use applications. In February 2010, Talley applied for a special -use permit to construct the shed on his property. Through adoption of an ordi- nance, the Zoning Board of Appeals (the "Board") approved Tal- ley's application for a special use permit to allow the accessory use of the shed on Talley's property. Talley was issued a special use permit and a zoning certificate allowing the use. In 'April 2010, Talley's neighbor, Renee Nord ("Nord") filed a, complaint against, among others, Talley. In an amended complaint, Nord alleged, among other things, that "Talley's actions violated the zoning ordinance," as the special use permit Talley obtained was "void in that it was arbitrary, capricious, unreasonable, and bore no substantial relationship to the public health, safety, morals, comfort, or general welfare of the Village and its residents." Talley sought summary judgment. He asked the court to find that there were no material issues of fact in dispute and to decide the matter in his favor on the law alone. Talley argued that he was entitled to summary judgment because § 11-13-15 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/11-13-15) allows a private citizen to enforce zoning violations but does not allow a private citizen to challenge the validity of a zoning regulation. Section 11-13-15 of the Municipal Code states, in pertinent part: In case any building or structure . . . is constructed . . . or any build- ing or structure . . . or land is used in violation of an ordinance or or- dinances adopted under Division 13, 31 or 31.1 of the Illinois Munic- ipal Code, . . . any owner or tenant of real property, within 1200 feet in any direction of the property on which the building or structure in question is located who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding (1) to prevent the unlawful construction . . . or use, (2) to prevent the oc- 20.15 Thomson Reuters 3