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Pioneer Tr. & Sav. Bank v. County of Mchenry

NOVEMBER 29, 1967.

PIONEER TRUST & SAVINGS BANK, AS TRUSTEE UNDER TRUST NO. 12142 AND JOSEPH N. NOVELLE AND LILLIAN L. NOVELLE, PLAINTIFFS-APPELLEES,

v.

COUNTY OF MCHENRY, A BODY POLITIC AND CORPORATE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of McHenry County, Nineteenth Judicial Circuit; the Hon. PHILIP W. YAGER, Judge, presiding. Judgment reversed.

MR. PRESIDING JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT.

Supplemental opinion and rehearing denied January 18, 1968.

Pioneer Trust & Savings Bank, as Trustee, the record titleholder of the land in question, and Joseph N. Novelle and Lillian L. Novelle, the beneficial owners, brought this action against the defendant, County of McHenry, asking that defendant's zoning ordinance, as applied to plaintiffs' property, be declared arbitrary and void; that the defendant, its officers and agents, be enjoined from enforcing the provisions of such ordinance against the property in question; and that they be directed to issue necessary permits, licenses, etc., so that such property may be used for a mobile home park and a mobile home sales operation. The trial court entered a judgment in favor of the plaintiffs, from which the defendant has appealed.

Under defendant's zoning ordinance, there is no general zoning use classification under which land may be developed or used as a trailer park or camp as a matter of right; such use, however, is permitted as a special use.

Section 15 of the defendant's zoning ordinance relating to the special or conditional use of land provides, in part, as follows:

"The purpose of this classification is to establish standards for those uses which, because of their unique characteristics cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

"A. The Conditional Uses are as follows:

"(1) Uses publicly or municipally operated and those uses traditionally affected with a public interest.

"(2) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.

"STANDARDS: No conditional use shall be approved unless, after public hearing, and recommendation of the McHenry County Zoning Board of Appeals, as is provided, the Board of Supervisors shall find:

"(1) That there is a public necessity for the conditional use.

"(2) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

"(3) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood.

"(4) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

"(5) That adequate utilities, access roads, drainage, and the other necessary facilities have been or are being provided.

"(6) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

"(7) That the conditional use shall in all other respects conform to the applicable regulations of the McHenry County Zoning Ordinance for the district in which it is located.

"B. Upon a finding of the McHenry County Board of Appeals that the above conditions have been met, and upon the approval of said finding by the Board of Supervisors, in accordance with the provisions of this Ordinance, they shall cause to be issued a Conditional Use Permit to the applicant, incorporating within such permit the conditions under which it is issued, including, but not limited to, restrictions upon the height and bulk of any structure so approved, the duration of the permit so approved, and other regulatory restrictions as shall be by them deemed necessary.

"C. The following uses of land or structures, or both, may be permitted within any district as herein defined, subject to the provisions as hereinabove set forth:

"(18) Trailer Camps as defined in Section 1;

"(19) Trailer Sales as defined in Section 1;

The subject property, consisting of approximately 33 acres, is vacant, is zoned "I-1" Light Industrial District and was so zoned when plaintiffs purchased it. At the time of the purchase, the land was a part of a larger tract of approximately 110 acres, which plaintiffs purchased for $110,000.

The Chicago and North Western Railroad forms the northeasterly boundary of the property in question, and the Northwest Highway — a heavily traveled highway — the northwesterly boundary. It is abutted by a public highway on the west and on the west side thereof is a par-three golf course. Immediately to the east of the property is a 66-acre tract, also owned by plaintiffs, which is zoned for farming. Across the road, to the south of the land owned by plaintiffs, is a single-family residence. Directly across the highway, to the north of the property, is land zoned I-1, Light Industrial District. Beyond that, to the northeast and across ...


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