SAL Receives Approval by West Suburb for Special Use Permits–Religious Assembly and Joint Parking

Shapiro & Associates • May 07, 2018

Last month, Shapiro & Associates Law successfully procured Special Use Permits for Religious Assembly and Joint Parking Facilities (SUPs) from a Village located in Cook County (the “Village”) for its client, a business owner and church pastor, after previously receiving recommendations to deny the SUPs from Village’s Staff and Planning and Zoning Commission. What made the matter particularly interesting was that the subject property is owned by a church, and the owner of an art gallery and studio located on the subject property is a Pastor with the church. The matter was further complicated by the fact that the subject property was zoned C-3 Centralized Commercial District, the only existing zoning district on the Village’s zoning map which allows for Religious Assembly as a special use. No other Village zoning district on its map allows for Religious Assembly , (as opposed to a place of worship, such as a church or synagogue) a term defined under the Village of Brookfield’s Zoning Code as “Religious services involving public assembly that customarily occur in churches, synagogues, temples, mosques and other facilities used for religious worship.”

Illinois courts have consistently held that the inclusion of a specified use, such as Religious Assembly, as a special use, is equivalent to a legislative finding that the uses are in harmony with the other uses in the district. Further, because the proposed use involves religious assembly, it is therefore subject to, among other federal and state laws, the Religious Land Use and Institutionalized Persons Act (42 U.S.C. 2000cc, et seq. ) (RLUIPA).

After a review of the SUPs being sought, and existing Federal and State law, the Village Board ultimately made the appropriate determination to recommend the SUPs. Regardless of the outcome, this is a great example of how the local government approach to land use and zoning is effective and reached the correct determination. Further, it supports a trend of land use that incorporated multiple uses within a single property.

3 Illinois Bills We're Watching

HB 5777 – Municipal Consolidation

The bill amends the Union of Contiguous Municipalities Division to make it easier for residents of contiguous municipalities to vote to consolidate the municipalities. The original bill’s key proposal allowed consolidation to occur upon a referendum vote of approval by merely any one of the municipalities rather than each of them. An amendment provides that each municipality must pass an approval referendum and adds that if the referendum fails, it cannot be brought again for 22 months.

Status - The bill has been sent to the Senate and assigned to Local Government on May 2, 2018.

HB4711 – Suits Against Municipalities, Counties, and Townships Over Zoning Decision
The bill amends the Illinois Municipal Code, Counties Code, Township Code to add a provision regarding building or structure zoning violations stating that the provisions do not authorize any suit against the municipality, county or township or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. The amendment excludes violations related to property owned by the public entity.

Status – The bill has been sent to the Senate and placed on Calendar Order of 2nd Reading May 3, 2018.

HB 4583 – Online Notice for Special Meetings of Public Bodies
The Bill amends the Open Meetings Act to require notice of special meetings be posted on the website of the public body which is currently required for regular meetings. Under the original bill, a failure to post notice online could have invalidated the meeting and actions taken at the meeting. However, an adopted amendment removed the invalidation provision.

Status - The bill has been sent to the Senate and assigned to Judiciary on May 2, 2018.

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Mixed-Use Developments

By Stephanie Crossley • 15 Nov, 2022
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185 New Dispensaries Are On Their Way

By Dan Shapiro • 16 Jun, 2022
The Illinois Department of Financial and Professional Regulation (IDFPR) recently announced the next steps to issue 185 Conditional Adult Use Cannabis Dispensing Organization Licenses to applicants selected in three lotteries in 2021. The Conditional Licenses will be issued to applicants selected in the 2021 lotteries in three waves: Wave 1, on or before July 22, 2022. Naperville-Chicago-Elgin BLS Region. Wave 2, on or before August 5, 2022. Other BLS Regions with multiple licenses available. Wave 3, on or before August 19, 2022. BLS Regions with a single license available. Next Steps Principal officers must submit a Principal Officer Affirmation form no later than July 1, 2022. The IDFPR will then verify all principal officers are not delinquent in taxes or owe money to the State of Illinois and notify any applicant if a principal officer is not tax compliant. The applicant will then have 60 days after notification to prove tax compliance. Any applicant with a principal officer who is not tax compliant after the 60-day period shall forfeit their awarded license, which will then be offered to the next eligible applicant. The IDFPR will also verify that no principal officers have a financial interest in more than 10 Adult Use Cannabis Dispensary licenses. Any applicant with a principal officer who may become a principal officer in any combination of more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, and Adult Use Dispensing Organization Licenses will forfeit any license they are awarded. After IDFPR issues the Conditional Licenses, it will conduct background checks of principal officers. Importantly, after receiving a Conditional License, the Conditional Licensees will have 180 days to select a physical storefront location and obtain the full Adult Use Dispensing Organization License (the full list of criteria to be met may be found here ). If a Conditional Licensee is unable to find a suitable physical location within the 180-day period, they may request an extension of 180 days.
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