City of Chi. Heights v. Living Word Outreach Full Gospel Church & Ministries - 196 Ill. 2d 1, 255 Ill. Dec. 434, 749 N.E.2d 916 (2001)

Rule:

When a legislative body acts administratively in ruling on a permit application, its decision is subject to general principles of administrative review. If the legislature is acting in an administrative capacity, it must follow the zoning regulations, and its actions are reviewable, and subject to judicial reversal if they are without support in the record or are otherwise arbitrary or unreasonable. In particular, the decision to grant or deny the permit application may be reviewed to determine whether the decision was made in compliance with any criteria listed in the zoning ordinance.

Facts:

Petitioner church applied for a special use permit and was denied. The respondent city found that granting a special use permit for a noncommercial use would be at odds with the comprehensive development plan adopted for the proposed location, which planned a commercial district for that area. The court found that the respondent city satisfied the requirements under the Illinois Religious Freedom Restoration Act, 775 Ill. Comp. Stat. 35/1 et seq., in denying the church's request for a special zoning permit. Petitioner church sought review of the decision.  

Issue:

Was the denial of the petitioner church’s request for a special zoning permit proper? 

Answer:

No.

Conclusion:

The reviewing court reversed. The reviewing court declined to determine whether the city's action was administrative or legislative in nature, because the result was the same under both standards of review. Under the administrative standard, denial of the permit was improper, because churches are deemed a compatible use under the zoning code, and the city was bound by the zoning code, not the comprehensive plan. Under the legislative standard, denial of the permit for the sole reason that it was at odds with the comprehensive plan was arbitrary and capricious, because the city was bound by the zoning code.