The Zoning Commission will be having their April meeting this Thursday, and their agenda is posted on the City’s website. One item on the agenda, however, has already been withdrawn.
Item “G” is a “public hearing on the request of Ed Barry for District 150 to…approv[e] a Special Use for a Public School…located at 2628 N Knoxville Ave, Peoria, Illinois.” If the address doesn’t ring a bell, it’s the old Social Security Administration building District 150 wants to use for an alternative school.
The item was withdrawn because, according to a 1991 intergovernmental agreement between the City of Peoria and District 150, the district doesn’t have to appear before the city’s zoning commission — in fact, the city’s zoning ordinance does not apply to the school district at all, save some minor exceptions. As the Journal Star summed up nicely on February 6, 1991:
The [school] district has agreed to adhere to zoning requirements for issues like setbacks, landscaping and building heights, but will not be required to bring its plans to the city’s Zoning Commission or Zoning Board of Appeals. Neither will it have to obtain building permits or have plans reviewed by the inspections department.
Any disagreement, as per the intergovernmental agreement, will be taken to the city manager and district superintendent for final resolution. The School Board will be responsible for public hearings.
So, rather than the City conducting the public hearing, the school district will conduct one instead. No word yet on when that will be.
I looked up the proceedings of the February 5, 1991, city council meeting to see what kind of discussion there was about this agreement. I was surprised to find that, according to the minutes, there was no discussion. The motion was made, seconded, and quietly passed unanimously.
I didn’t know anything about this agreement until today. And it appears that the city and the district had forgotten about it, too — at least temporarily — since the district applied for a special use and was on the zoning commission’s agenda for a time.
The agreement is an outrage. The School District should have to abide by the same laws everybody else does. The City should repeal this “deal” immediately, or give a similar pass to everybody else in town. I’m sick of the special deals. Whatever happened to equality under the Law?
Not that unusual though – similarly, all religious organziations have exemptions from zoning requirements.
What I found interesting is that the language says the School District must submit plans that comply with the zoning ordinance in terms of ingress, egress, landscaping, buffers, etc. but outlines no penalty for failure to do so. So I read this to mean that while they are supposed to meet the zoning ordinance there is absolutely nothing the City of Peoria can do if they choose to violate it. If it’s in the agreement, I missed it.
Calling Sandburg…Councilman Sandburg….here’s another chance to draft a chapter in the “behind the scenes” book What is your recollection of what this means and why was it passed unanimously?
Peo Proud – so according to you schools, churches (non tax payers) all have exemptions from the zoning requirements (rules) and the people paying the taxes (home owners) must abide by the rules? Why does anybody live here?
Hey there Bucket,
I didn’t make the rules – and you can check my facts maybe I’m mistaken.
Why do they live here? For the ballpark, museum, RecPlex, 2 Cubs Stores? (end of sarcasm)
Thank you – sarcasm is greatly appreciated!
Sorry, been busy reading the form based codes . . . . . . The issue as I understand the relationship between zoning /building regulations and first the Public School District is Peoria Public School District 150 and for that matter 323 are unit(s) of the State of Illinois. In effect, that means they are “sovereign” and higher up the fod chain in government. ie The state has limited or no control over the federal government, the city has limited or no control over the state or federal. The stare for example has a “State Building Code” for building schools and local municipalities do NOT have jurisdiction over public schools and their building regulations. A private or parocoal school has to follow all local laws and ordinances because they are NOT a UNIT of STATE GOVERNMENT, therefore they have to follow the Citys Building and Zoning Codes. In reading the “agreement”, you can clearly see that the 150 buildings that are exempt are educational buildings not necessarily buildings perhaps owned by 150 and used for other than educational purposes.
I beleive their is specific “case law” regarding the local municipal ability to regulate thru local ordinances the public school system because of this concept of “being sovereign unit od State Government”
THe issues become more clody when a local municipality tries to regulate County government which one could argue is “above” the City in pecking order, but I am to understand that Counties can NOT use the “sovereign” argument like the State can. Park Districts, Airport Authorities, Civic Center Authorities, Sanitary Districts, equal or below in the municipal “pecking order” and not considered “sovereign” either.
Lastly, other not for profits who do not pay taxes all have to follow the City’s building and zoning laws. There is a Federal Law that prevents municipalities from dening certain religious uses, i.e., churches in a fashion that can be proven was based on religious freedom. In Peoria Churches are permitted in most non residential zoning districts and are “Special Uses” in residential districts. As such, public hearing process are used in residential district to afford public discussion. The Federal law just prevent to denial and/or prohibition of use, not that setbacks, parking standards, height limitations within zoning districts be followed for all uses in those zoning district. In orther words, the Federal law would prevent a zoning district to allow an Apartment building to be 60 feet tall but a Church on 45 feet tall.
I hope this helps in clarifying and doesn’t confuse the isses more. If not maybe after the 17th and the form based zoning code adoption, I will have more time
Councilman Sandberg: Perfect clarification and thanks for the time (which I’m sure is limited during this busy time – election, form based codes, etc.).
So I guess my take on the agreement is that whether or not it’s in place is probably irrelevant but at least in place, the School District has ‘agreed’ in principle to attempt to comply more with the City’s requirements than they would otherwise have to. Plus it does require public notice and hearing (both good things).
Well, I think the agreement is at least strange. I looked for this information at ihga.gov — the school is subject to the local zoning ordinance — who is responsible for crafting this document which throws away the cities’ zoning authority?
(105 ILCS 5/10‑22.13a)
Sec. 10‑22.13a. Zoning changes, variations, and special uses for school district property. To seek zoning changes, variations, or special uses for property held or controlled by the school district.
(Source: P.A. 90‑566, eff. 1‑2‑98.)