Director of County Planning Department issued a change-in-use permit at behest of County Housing Authority and not-for-profit organization that supports homeless persons. Several persons administratively appealed Director's decision. After 3-day public hearing, County Zoning Board of Appeals reversed Director's decision and denied the change-in-use permit, which would have allowed former assisted-living facility to be used for services under its "Safe Haven" program for homeless persons. Circuit court reversed Board's decision and reinstated change-in-use permit. As program is a fully charitable program operated by a not-for-profit entity, it falls within definition of "community services". The use requested is defined and described in Unified Development Ordinance. Although there is no government use stated in the ordinance, "government use" referred to the anticipated use, and "Safe Haven project" was a brief explanation of the project.(SCHOSTOK, concurring; HUDSON, dissenting).
Illinois Appellate Court
Civil Court
Administrative Review