Reminder in Willowbrook mosque case: IL municipalities have zoning jurisdiction 1.5 miles beyond boundaries

As the Willowbrook mosque situation continues, the Village of Willowbrook clarified an important detail regarding Illinois municipalities and zoning:

Village consultant Jo Ellen Charlton said the village has decided to release a zoning map showing its area of influence for planning purposes after receiving questions from MECCA about whether it had the right to express its opposition.

A dotted line forming a box along 91st Street, just past the proposed location, is now shown on the map to indicate the village’s intention to exert influence over planning decisions in the area. Because the proposed location lies within 1.5 miles of a Willowbrook boundary line, it is considered within the village’s “planning jurisdiction,” officials said.

Even though the proposed site for the mosque is outside the boundaries of Willowbrook, Illinois law gives incorporated municipalities zoning control over land within 1.5 miles of their boundaries. This control was confirmed by a 1956 Illinois Supreme Court decision in favor of Naperville’s subdivision control ordinance, which said developers had to follow certain guidelines for streets and other subdivision features, extending to the 1.5 mile zoning boundary land. If two communities both could control the same land within the 1.5 mile boundary, either the two communities had to reach an agreement or the control would be set at a line in the middle of the two community’s actual boundaries. Land outside any community’s zoning boundaries is then controlled by the county.

This law has led to some interesting circumstances. For example, the suburb of Warrenville finally incorporated in the 1960s after many attempts because Naperville was expanding and would soon be able to control land around and possibly in Warrenville. At least several DuPage County suburbs have grabbed extra land through annexations in order to extend their zoning boundaries and therefore control land uses, particularly looking to avoid undesirable land uses.

This reminds me of a larger point: while zoning may seem arcane to the average citizen, it is a key tool communities can use and they (officials and residents) will fight hard to utilize these powers rather than let other people decide what “their land” will be used for.

 

One thought on “Reminder in Willowbrook mosque case: IL municipalities have zoning jurisdiction 1.5 miles beyond boundaries

  1. The author of this article should read the Appellate Court ruling of County of Will v. City of Naperville, 1992 and Article 11 of the Municipal Code. 65 ILCS 5/11-13-1 specifically prohibits a municipality from extraterritorial zoning beyond the municipality’s corporate borders when the county has committed an act of zoning. The Appellate Court ruled Article 11 is controlling over Article 7 of the Code, which is merely general in nature. Specific supersedes general.

    Illinois state law prohibits extraterritorial zoning by municipalities when the county has already committed an act of zoning, which is the case in all counties in Illinois.

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