Agenda - Planning Commission - 12/03/2015

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November 10, 2015 I Volume 9 1 Issue 21 Zoning Bulletin property. Thus, the court held that school districts are subject to local zoning and land use regulations in the course of exercising school districts' statutory powers to construct new facilities on school property. In so holding, the court explained that, in the absence of express statutory exclusions, municipalities are empowered by the Illinois Municipal Code to regulate all land uses within their territory. The court found that although the General Assembly had chosen to exempt certain entities from municipal zoning regulations under the Municipal Code, there was no statutory provision restrict- ing the authority of a municipality to regulate zoning or storm water manage- ment on school property. Thus, under the plain terms of the Municipal Code, the court found that school property is subject to municipal zoning laws. The court further noted that, as a home rule municipality, the City had broad powers to perform any function pertaining to its government and affairs, includ- ing, but not limited to, zoning ordinances. (Ill. Const.1970, art. VII, § 6.) Al- though the General Assembly could restrict a home rule unit's powers, the court found that the General Assembly had not enacted any statute expressly preempt- ing or limiting a home rule unit's zoning powers over public school property. The court concluded that it was therefore within the City's home rule authority to impose its Zoning Ordinance on the District and the Board. Despite the lack of any statutory provision expressly exempting school prop- erty from municipal or home rule zoning authority, the Board nevertheless had argued that the City's zoning powers did not extend to property owned by a school district. The Board had contended that the City's Zoning Ordinance and storm water ordinance unduly interfered with the General Assembly's constitu- tional authority to regulate the public education system. The court disagreed, finding that, to the contrary, section 10-22.13a of the School Code "evince[d] the General Assembly's intent that school districts are subject to local zoning laws," including zoning laws regulating school property used for "school purposes." More expressly, the court found that the City's zoning ordinances did not unduly interfere with the educational goals of the General Assembly because the City's regulation of school -owned property for the benefit of the community as a whole was not equivalent to the regulation of public education activities such as school curricula, administration and staffing. See also: Wilmette Parlc Dist. v. Village of Wilmette, 112 Ill. 2d 6,96 Dec. 77, 490 N.E.2d 1282 (1986). Case Note: The Board had also argued that the Health/Life Safety Code for Public Schools (i.e., the school "building code") preempted or limited the City's authority over zoning and land use issues within its jurisdiction. The court disagreed, finding that "Neither the building code itself nor the statutes referencing the code mention[ed] zoning, land -use, or storm water management." Those issues, said the court, are local matters ordinarily regulated by counties and municipalities, and the issues involving zoning are not addressed by a building code. Thus, the court concluded that the Health/Life Safety Code did not preempt or limit the City's authority over zoning and land use issues within its jurisdiction. 8 © 2015 Thomson Reuters