Agenda - Planning Commission - 12/03/2015

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Zoning Bulletin November 10, 2015 1 Volume 9 1 Issue 21 zoning ordinances govern a school district's construction of football stadium bleachers on school property. More generally, it addressed whether a school district is subject to local zoning and land use regulations in the course of exercis- ing its statutory powers to construct new facilities on school property. The Background/Facts: Crystal Lake South High School ("Crystal Lake South") is located in the city of Crystal Lake, Illinois (the "City"), a municipal corporation with home rule authority situated in McHenry County (the "County"). The area surrounding the school was zoned "R-2 residential single family," and the school constituted a legal, nonconforming use. The Crystal Lake South campus was owned by Community High School District No. 155 (the "District") and operated by the Board of Education of Community High School District No. 155 (the "Board"). In 2013, the Board decided to replace the bleachers at the Crystal Lake South football stadium after a failed structural inspection. The proposed new bleachers were to be larger, higher, and closer to the property line than the existing bleach- ers abutting the residential property next to the school. The Board applied for a permit for the project from the County Regional Superintendent of Schools. The Superintendent approved the plans and issued a building permit pursuant to sec- tion 3-14.20 of the Illinois School Code (105 ILCS 5/3-14.20.). The District began work on the project without notifying the city of Crystal Lake or seeking a building permit, zoning approval, or storm water management approval from the City. Upon learning of the project, the City informed the Board that it was required to comply with the provisions of the Crystal Lake Unified Development. Ordinance (the "Zoning Ordinance"), which regulates zoning and land use, as well as the City's storm water management ordinance. The City ordered the Board to stop construction of the bleachers until it obtained a special -use permit, a storm water permit, and zoning variances. The Board disregarded the order and continued construction. The Board took the position that a school district's construction on property used for school purposes was not subject to the zoning authority of the local municipality. Owners of residential properties adjacent to the school filed a lawsuit against the Board and the District, seeking to privately enforce the City's zoning restrictions. They alleged that the new bleachers failed to comply with the Zon- ing Ordinance and negatively affected their property values. The Board filed a third -party complaint. It asked the court to decide whether the City had authority over the District to enforce its Zoning Ordinance and storm water ordinance. Finding there were no issues of material fact in dispute, and deciding the mat- ter on the law alone, the circuit court awarded summary judgment in favor of the City. The court determined that the City did have authority over the District to enforce its zoning and storm water ordinances. On appeal, the appellate court affirmed. The Board and the Superintendent appealed. The Supreme Court of Illinois consolidated their appeals. DECISION: Judgment of Appellate Court affirmed. The Supreme Court of Illinois held that the City had home rule authority to enforce the Zoning Ordinance and storm water management ordinance on school © 2015 Thomson Reuters 7