Appellate Court Vacates Zoning Violations Against Tree Service Business
A tree service business owned property in a village's general business district. The village informed the business owner that its use of the property was not permitted by the village's zoning ordinance and conducted an administrative hearing on the alleged violation. At the administrative hearing, the business owner argued it was not operating a landscape contractor business as the village claimed, and that its operations were compliant with the village's zoning ordinance. At the conclusion of the hearing, tje administrative hearing officer found the business owner to be in violation of the zoning ordinance because (1) it was storing commercial vehicles and equipment on the property outside of an enclosed building, (2) the business operated a landscaping company which was not permitted in the general business district; and (3) commercial vehicles were parked on the property on an overnight basis in violation of the ordinance. The hearing officer issued a $150,000 fine against the business.
The business filed a complaint seeking administrative review of the village's decision that it was in violation of the zoning ordinance. The circuit court upheld the hearing officer's decision, and that decision was appealed to the Illinois Appellate Court.
On appeal, the Appellate Court reversed the village's hearing officer's decision against the business, finding that (1) the business was operating a "contractor's shop" which was a permitted use in the business disrict; and (2) the parking of the businesses' commercial vehicles was allowed by the zoning ordinance, which allowed parking of commercial vehicles accessory to a business use. Because the Appellate Court found that the business was not in violation of the village's ordinances, it vacated the $150,000 fine. Tomax Tree Service, LLC v. Village of Westmont
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