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Lake Barrington Cit. Comm. v. Vil. of Lake Barr.

MAY 29, 1974.

LAKE BARRINGTON CITIZENS COMMITTEE, INC., ET AL., PLAINTIFFS-APPELLANTS,

v.

THE VILLAGE OF LAKE BARRINGTON ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Lake County; the Hon. LLOYD A. VAN DEUSEN, Judge, presiding.

MR. JUSTICE RECHENMACHER DELIVERED THE OPINION OF THE COURT:

Rehearing denied June 26, 1974.

The Lake Barrington Citizens Committee, Inc. and certain individuals filed a complaint for declaratory judgment asking that a certain ordinance of the Village of Lake Barrington (ordinance no. 72-0-3) be declared null and void. The trial court, after hearing the case on the pleadings and a stipulated set of facts, rendered judgment upholding the validity of the village ordinance from which judgment the plaintiffs appeal.

It should be noted at the outset that the plaintiffs do not contest the right of the village trustees to approve the contemplated planned unit development which is the subject of the contested ordinance nor do they attack the project itself on any ground having to do with public health, safety, morals or welfare. What they are contesting is the validity of ordinance no. 72-0-3 which, in connection with the approval of the planned development project, permitted the creation of multi-family dwellings in a zone designated R-2 under the existing zoning law.

As the basic issue raised by this appeal is the proper interpretation of certain sections of the Village's zoning ordinance, as amended, a brief history of the ordinance may be helpful in understanding the controversy.

In April 1960, the Village adopted a zoning ordinance providing for only one residential zoning district, R-1, and one business district, B-1. The only residential use allowed under R-1 was single-family residences on 1-acre lots. In December 1960 the Village amended the zoning ordinance to create a new zoning district, R-2, which permitted single-family residences on 20,000 square foot lots. Any use permitted in R-1 was also permitted in R-2. In 1962 the Village added, by ordinance no. 52, a provision for "special uses" which permitted in R-1 and R-2, "any other type of use other than an industrial or manufacturing use, which requires permanent improvements whose value is in excess of $10,000 and/or where more than four persons are to be permanently employed in connection therewith."

Then, in 1964 the Village again amended the zoning ordinance by adopting ordinance no. 89, the ordinance which brings up the main question raised on this appeal. This ordinance created a new zoning district, R-3, which, besides permitting the uses permitted in R-1 and R-2, also provided in its section 4.8 that a planned development would be permitted as a special use "in any zoning district [emphasis ours] for the purpose of utilizing effectively the benefits inherent in unified land planning and development, including a more efficient and more economical development pattern, and a more attractive and varied arrangement of structure types and open spaces than is possible under standard regulations for single district lots."

This section (4.8) of ordinance no. 89 also provided as follows:

"In the case of planned developments, the Board of Trustees may by ordinance authorize uses not otherwise permitted and modify regulations otherwise required in the area of said development when the Board of Trustees determines:

(a) That the uses permitted shall be for the purpose of developing an integrated site plan; and

(b) That the intensity of use permitted by such ordinance is necessary or desirable and is appropriate to the primary purpose of the development.

The adoption by the Board of Trustees of an ordinance or ordinances amending the Zoning Ordinance of the Village authorizing and approving a specific planned development with respect to a particular tract of land shall constitute a legislative determination that the regulations and requirements governing the types of uses for that particular tract are the only zoning and development requirements appropriate for that tract to the extent that such requirements and regulations are in conflict with any other ordinances and parts of ordinances."

But there was another section of ordinance no. 89 which dealt with special uses. This was a new section — section 8.2 — ...


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