APPEAL from the Circuit Court of St. Clair County; the Hon.
THOMAS P. O'DONNELL, Judge, presiding.
MR. PRESIDING JUSTICE GEORGE J. MORAN DELIVERED THE OPINION OF THE COURT:
Defendant, Board of Zoning Appeals of the City of O'Fallon, Illinois (Board), and intervening defendants David and Genevieve Daniels et al. appeal from an order of the circuit court of St. Clair County requiring the Board to issue a special use permit to the plaintiff, Parkview Colonial Manor Investment Corporation.
The critical question in this case is did the trial court err in holding that the zoning ordinances of the City of O'Fallon, Illinois do not expressly prohibit the construction of a planned multi-family residential development in an SR-1 single-family residential district?
On August 15, 1977, plaintiff petitioned for a special use exception/planned building development permit from the city of O'Fallon. Plaintiff planned to erect two 75-unit three-story apartment buildings on a parcel of land which was zoned SR-1 (single-family residential).
The petition was submitted to the city planning commission. The commission issued an advisory opinion recommending that the special use permit be granted, provided plaintiff comply with certain off-street parking requirements.
The Board conducted a hearing on plaintiff's petition on September 22, 1977, and subsequently denied the special use permit. Plaintiff filed a second petition for a special use permit on September 30, 1977. Plaintiff's petition was substantially the same as the original petition but it provided for additional off-street parking. The planning commission recommended approval of the second petition but the Board again denied the special use permit.
Plaintiff filed suit under the Administrative Review Act (Ill. Rev. Stat. 1977, ch. 110, par. 264 et seq.). On January 12, 1978, the circuit court entered a judgment ordering the Board to issue any permits necessary for plaintiff's proposed development. On February 6, 1978, David and Genevieve Daniels et al. intervened as defendants and filed a motion for the court to reconsider its order. The motion was denied.
Section 1.02 of the O'Fallon Illinois Municipal Zoning Code provides:
"IT IS THE PURPOSE OF THIS ORDINANCE:
(a) To promote and protect the public health, safety, morals, comfort and general welfare of the people;
(b) To divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, manufacturing, and other specified uses;
(c) To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas;
(h) To prohibit uses, buildings or structures incompatible with the character of development or intended uses ...