The powers and duties of the board of trustees (village board) under this zoning ordinance shall be as follows:

(a)

Changes and Amendments. Review petitions to change zoning district boundaries or amend this zoning ordinance and take final action to approve or deny such petitions, following receipt of plan commission recommendations.

(b)

Planned Unit Developments (PUDs). Review PUD petitions and take final action to approve or deny such petitions, following receipt of plan commission recommendations.

(c)

Site Plan Approval. Review site plans and take action to approve, conditionally approve or deny such applications following receipt of plan commission recommendations.

(d)

Special Use Approvals. Review applications for special use approvals following the receipt of plan commission recommendations.

(e)

Variations. Review applications for variations to the regulations of the zoning code following the receipt of plan commission recommendations.

(f)

Appeals. Review the appeal of a decision by the plan commission for items on which the plan commission has final approval authority. This includes the review and approval of minor site plan modifications, minor building appearance modifications, and sign permits. All such appeals shall be made in accordance with Section 19.13.020 of this Title.

(Ord. 4018 § A (part), 2005)

(Ord. No. 4607, § F, 5-16-2011)

The plan commission has been designated by the board of trustees as the advisory commission to the village of Wheeling on planning and zoning matters as granted by Illinois Statutes. The duties of the plan commission shall be as follows:

(a)

Changes and Amendments. Review petitions to change zoning district boundaries or amend this zoning ordinance and recommend that the board of trustees approve or deny such petitions.

(b)

Planned Unit Developments (PUDs). Review PUD petitions and recommend that the board of trustees approve or deny such petitions.

(c)

Major Site Plan Review. Review the site plan, existing and proposed structures, architectural plans, lighting plans, neighboring uses, landscaping, open space, parking areas, driveway locations, loading and unloading, vehicle access, traffic generation and circulation, drainage, sewerage and water systems, and proposed uses in all districts, and recommend action to the board of trustees.

(d)

Special Use Approvals. Review applications for special use approvals and recommend action to the board of trustees.

(e)

Sign Permits. Review applications for signs that specifically require plan commission review as well as signs referred by the village zoning administrator, and take final action to approve or deny such applications.

(f)

Duties of the Zoning Board of Appeals. The plan commission of the village of Wheeling is charged with all duties and responsibilities of the zoning board of appeals.

(1)

The zoning board of appeals is established for the purpose of hearing appeals and reviewing applications for variances and exceptions to the provisions of this zoning ordinance.

(2)

The plan commission shall hold public meetings and public hearings, as needed, to hear and recommend to the board of trustees all matters referred to it or upon which it is required to pass under this Title.

(3)

The plan commission, in its capacity as the zoning board of appeals, shall keep minutes of its proceedings, showing the vote of each member upon a question, or if absent or failing to vote, showing such fact.

(4)

Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination by the board of trustees subsequent to the review of plan commission acting in its capacity as the zoning board of appeals shall be filed immediately in the office of the zoning administrator and shall be a public record.

(5)

The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order or determination of the village zoning administrator or to recommend in favor of the applicant on any matter upon which they are required to review.

(6)

Powers of the Plan Commission as the Zoning Board of Appeals.

a.

To hear appeals where it is alleged there is error in an order, requirement, decision or determination made by the village zoning administrator in the administration of this Title. The recommendation regarding such appeals shall be forwarded to the board of trustees.

b.

To recommend that the board of trustees permit the reasonable extension of a district where the boundary lines of a district divide the lot in single ownership as of the date of adoption of this Title.

c.

To interpret the provisions of this Title in such a way as to carry out the intent and purpose of the plan where the street layout actually on the ground varies from the street layout as shown on the zoning map.

d.

To review upon appeal or application in specific cases such variation from the terms of this Title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this Title would result in a practical difficulty or an unnecessary hardship, so that the spirit of this Title shall be served and substantial justice done. (Note: Financial considerations do not constitute a hardship for the purposes of this section.)

e.

To hear and recommend to the board of trustees all matters referred to it or upon which it is required to pass under this Title.

f.

To initiate, direct and review from time to time a study of the provisions of this Title and to make reports of its findings and recommendation to the board of trustees not less frequently than annually.

g.

In the exercise of its powers, the zoning board of appeals may, in conformity with the provisions of the law, recommend that the board of trustees reverse or affirm, wholly or in part, or may modify the requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the circumstances and to that end shall have all the powers of the village zoning administrator.

(g)

Minor Site Plan and Appearance Reviews. Review applications for minor site plan modifications and building appearance modifications as required under Chapter 12 of this Title, and take final action to approve or deny such applications.

(h)

Rules of the Plan Commission. The plan commission of the village of Wheeling has the authority to adopt procedural rules as necessary to carry out the duties described herein and in Title 2 of the Municipal Code. The community development department shall keep a record of the current plan commission procedural rules.

(i)

Appeals of Plan Commission Decisions.

(1)

Who May Appeal a Decision by the Plan Commission. An appeal may be taken to the board of trustees by any person, firm or corporation, or by an officer, department, board or bureau, affected by a decision of the plan commission relative to the interpretation of this Title.

(2)

Procedure for Appeal. Appeals shall follow procedures as follows:

a.

Appeals shall be taken by filing a notice of appeal with the office of the zoning administrator within thirty-five days after the date of the decision from which the appeal is taken. The notice shall specify the grounds for the appeal.

b.

Upon receipt of a notice of appeal, the village zoning administrator shall prepare a summary report to the board of trustees including all papers constituting a record upon which the action appealed from was taken. This record shall include, but is not limited to, copies of the materials reviewed by the plan commission and the minutes of the plan commission meeting at which the item was discussed.

c.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of trustees that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case the proceedings shall not be stayed except by a restraining order, which may be granted by a court of record.

d.

The board of trustees shall fix a reasonable time and place for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest and render a written decision within a reasonable time.

e.

Any person may appear and testify at a hearing either in person or by duly authorized agent. All testimony shall be given under oath. The president, or in his absence the acting president, shall administer oaths and may compel the attendance of witnesses.

(Ord. 4018 § A (part), 2005)

(Ord. No. 4607, § G, 5-16-2011)

(a)

Plan Commission Acting as the Zoning Board of Appeals. The zoning board of appeals is established for the purpose of hearing appeals and reviewing applications, for variances and exceptions to the provisions of this zoning ordinance. In the village of Wheeling the plan commission is authorized to act as the zoning board of appeals. See Section 19.13.020, Plan Commission, Subsection (f), Duties of the Zoning Board of Appeals.

(b)

Variations.

(1)

Procedure for Variations. Applications for variations shall follow procedures as follows:

a.

An application for a variation shall be filed with the community development department, which shall promptly transmit the application to the zoning board of appeals along with a copy to the board of trustees.

b.

A public hearing shall be held on the application within ninety days and notice shall be given as follows: Notice of such hearing shall be published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers published within the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. The notice shall contain the date, time and place of the hearing, the street address or common description of the property involved and a brief statement of the relief sought. The published notice may be supplemented by such additional form of notice as the zoning board of appeals may by rule provide.

(2)

Standards and Findings. No variation from the provisions of this Title shall be granted by the board of trustees unless it finds, beyond a reasonable doubt, that all of the following facts and conditions exist and so indicates in the minutes of its proceedings.

a.

Physical Conditions vs. Convenience. That there are present actual physical conditions applying to the lot, parcel, building, structure, use or intended use on that premises which are creating the practical difficulty or unnecessary hardship in the application of this Title, as distinguished from a mere inconvenience to the owner if the strict letter of the regulations are required.

b.

Unique vs. General Conditions. That the conditions are unique, exceptional, extraordinary or unusual circumstances applying only or primarily to the property under appeal and are not of such a general or recurrent nature elsewhere in the same zoning district as to suggest or establish the basis for future variations, ordinance changes or amendments.

c.

Conditions Not Created by Appellant. That the alleged conditions creating the difficulty or hardship were not caused by the appellant nor by any person still having an interest in the property. A self-imposed hardship is not a basis for granting a variation, nor are financial concerns.

d.

Reasonable Return. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulation in that zone.

e.

Essential Character. The granting of the variation will not alter the essential character of the locality.

f.

Environmental Quality. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(3)

Action by the Board of Trustees. If an application for a proposed variation is not acted upon finally by the board of trustees within six months of the date upon which the findings and recommendations of the plan commission are filed with the board of trustees, it shall be deemed to have been denied.

(Ord. 4220 § A (part), 2007; Ord. 4018 § A (part), 2005)

(Ord. No. 4607, § H, 5-16-2011)

(a)

Village Zoning Administrator. Throughout this Title any reference to the village zoning administrator shall be interpreted to mean the village zoning administrator and his designee.

(b)

Powers of the Village Zoning Administrator.

(1)

The village zoning administrator is the administrative official designated by the board of trustees to administer and enforce this Title.

(2)

The village zoning administrator may be provided with the assistance of such other persons as the board of trustees may direct.

(3)

The village zoning administrator may enter, at any reasonable time, onto any public or private lands to make a zoning inspection while in the performance of his duties.

(4)

The village zoning administrator is hereby authorized to:

(A)

Enforce all provisions of this Title, investigate all complaints, give notice of violations, issue orders to comply with the zoning code, and assist the village attorney in the prosecution of violators.

(B)

Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this Title and other applicable ordinances.

(C)

Approve and issue all building permits and occupancy certificates and make and maintain records thereof.

(D)

Review applications for signs that meet the provisions of Title 21 and do not require plan commission review, and take final action to approve or deny such applications. The village zoning administrator may also forward any sign application to the plan commission for review at his discretion.

(E)

Review and approve applications for administrative variations as described in this section.

(5)

The village zoning administrator shall:

(A)

Receive, file and forward to the zoning board of appeals, for action, all applications for variations and the records on all appeals.

(B)

Maintain complete records of all actions of the zoning board of appeals and shall keep the board of trustees informed on a current basis of the disposition of each case.

(C)

Prepare and cause to be published on or before March 31st of each year a map showing the existing zoning in effect on the preceding December 31st.

(D)

Publish on or before January 1st of each year the rules of procedure for the zoning board of appeals and the plan commission in effect as of that date.

(c)

Administrative Variations. The village zoning administrator may, at his discretion, approve administrative variations without requiring a public hearing. Site plan and appearance review shall be required if applicable.

(1)

Procedure.

(A)

For the eligible actions as listed in this section, property owners and their authorized representatives may apply for an administrative variation prior to or concurrent with a building permit application.

(B)

All such reviews shall include a minimum fourteen-day comment period to allow potentially affected property owners an opportunity to review the proposal. The comment period shall begin no earlier than the date of the mailing as described in this section.

(C)

The zoning administrator shall review the scope of the proposal and determine whether an administrative variation is appropriate. The zoning administrator may require a full public hearing for any item requiring a variation.

(D)

The applicant must deliver a public notice prepared by the village to all owners of all property abutting and immediately across the street or alley and any other public ways from the subject property (identified as "adjacent neighbors"). The notice shall be mailed via first class mail or personally delivered, as the case may be. The letter must identify the subject property, describe the action requested, list the deadline for written comments to be provided to the zoning administrator, and inform the recipient that the proposal is available for review at the community development department.

(E)

At the end of the comment period, the zoning administrator shall review any comments received and determine whether to approve or deny the administrative variation. An approval of an administrative variation shall be in writing and may include those conditions deemed necessary by the zoning administrator, in his sole discretion, to protect the health, safety and welfare of the general public. Conditions may include, but not be limited to, duration of the administrative variation; hours of operation; site plan; and method and manner of operation. A denial of an administrative variation may be appealed as described in Section 19.13.020(f)(6) of this Title.

(F)

If an adjacent neighbor objects to an administrative variation request during the public comment period, the zoning administrator shall be without authority to rule on the administrative variation and shall inform the applicant of the right to file a request for the plan commission to consider the administrative variation in accordance with Section 19.13.050 of this code.

(2)

Eligible Actions.

(A)

Residential Remodeling. Building permits for single-family homes and their accessory structures which would allow for existing nonconforming setbacks to continue. This includes, but is not limited to: additions of up to fifty percent of the existing floor area, garage, or shed replacement.

(B)

Parking Location. Commercial or residential construction for which the existing parking setback is nonconforming. Does not include reductions in overall parking or increasing the extent of a nonconforming setback.

(C)

Construction Staging for Public Improvements. During a public construction project for any state, county, or village road, water, sewer, or other infrastructure project, a temporary administrative variation to allow for concrete recycling, operation of a batch plant, or stockpiling of construction material on property located within a mixed use, commercial, industrial, or airport zoning district.

(3)

Ineligible Actions.

(A)

Actions which increase the extent of the nonconforming setback (unless expressly authorized as an exception elsewhere within this Title).

(Ord. 4018 § A (part), 2005)

(Ord. No. 4719, § L, 8-20-2012; Ord. No. 5345, § A, 6-15-2020)

(a)

Content of Notice. Any notice herein required shall contain the address of the location for which the public hearing is requested, a brief statement of the nature of the request, the name and address of the legal and beneficial owner of the property, and the time, date, and location of the public hearing.

(b)

Posted Notice. It shall be the duty of any person, firm or corporation filing a petition with the village clerk requesting a rezoning, a variation or a special use, to place on such real property, in view of passing vehicular traffic, a sign to be supplied by the village, notifying the public of the fact that the appropriate commission will hold public hearings on a certain date relative to the request. The petitioner, or his duly authorized agent, shall file an affidavit with the village clerk that the sign was posted on the property which is the subject of the public hearing at least fifteen days prior to the date of the hearing. The appropriate commission shall not proceed with the public hearing until the requisite affidavit has been filed.

(c)

Published Notice. A notice of public hearing on any proposed rezoning or zoning ordinance amendment shall be published at least once, not more than thirty nor less than fifteen days before the public hearing, in a newspaper published in the village of Wheeling, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. A copy of this notice shall also be sent to the applicant.

(d)

Written Notice.

(1)

In addition to any other notice requirements provided herein, an applicant for any public hearing for a special use or zoning variation petition shall, not less than fifteen days and not more than thirty days prior to the date set for the public hearing, serve written notice in person or by first class mail to the last known taxpayers or property owner or owners of record reflected in the county records of all property within two hundred fifty feet in each direction of the property lines of the subject property for which the public hearing is requested provided the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in the computation. For zoning map amendments increasing the intensity of the zoning district, the petitioner shall serve such notice to taxpayers or property owners within five hundred feet of the property lines of the subject property, inclusive of street and railroad rights-of-way. At the discretion of the zoning administrator or village board, petitions expected to have a significant impact may also be subject to the increased notice radius of five hundred feet. Copies of the notice and the list of addresses shall be provided to the community development department.

a.

In the event of a planned development, the distance shall be measured from the outermost property line of the entire planned development.

b.

If any part of a condominium property is located within the required notice area for the property which is the subject of a hearing, written notification shall be sent to each taxpayer of record within all condominium buildings that are located within or partially within the required distance from the property lines as well as the condominium association.

c.

If written notification is sent to a trust company or lending institution of record the notice requirement of this section shall be deemed satisfied.

d.

If, after a bona fide effort property owners cannot be found, the notice requirements of this section shall be deemed satisfied upon filing by the applicant of an affidavit evidencing the inability to serve such notice.

(2)

The applicant shall furnish, seven days prior to the hearing, an affidavit certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of all property owners notified in accordance with the above and the returned notice sent to each of the individuals therein specified. Forms of the affidavit shall be made available by the community development department.

(3)

The additional notice requirements of this section shall not apply to any amendments proposed by either the corporate authorities or the plan commission.

(4)

Certified mailing of the written notice is recommended but not required.

(Ord. 4018 § A (part), 2005)

(Ord. No. 4607, § I, 5-16-2011; Ord. No. 4719, § M, 8-20-2012)

Whenever the corporate authorities or the plan commission propose comprehensive amendments, defined as those amendments which will affect twenty-five percent or more of the entire village, notice of public hearing on any such amendments shall be published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers published in the village, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. The notice shall state the time and place of the hearing and the place where copies of a map showing the proposed amendments will be accessible for examination by interested persons. The notice shall also contain a brief statement of the proposed amendments and a common description, by street names, boundary lines or subdivision names, identifying the areas of the village affected by the proposed amendments. The notice requirements of Section 19.13.050 of this Chapter shall not apply to hearings held pursuant to this section.

(Ord. 4018 § A (part), 2005)

(a)

Establishment. The board of trustees may establish a schedule of fees, charges and expenses and a collection procedure for zoning changes, appeals, and other matters pertaining to this Title.

(b)

Collection Office. The schedule of fees, charges and expenses shall be posted in the office of the village zoning administrator, who shall be responsible for their collection. The schedule may be altered or amended only by the board of trustees. Until all applicable fees, charges, and expenses have been paid in full, no action will be taken on any application, appeal or other matter requested.

(c)

Fee Schedule. As provided in the schedule of fees and charges set forth in Title 1, Chapter 1.26, the applicable fee shall be paid by the petitioner for the following petitions (permit fees are not included).

(1)

The following petitions and applications shall require a fee (see Title 1, Chapter 1.26): special use, variation, rezoning, text amendment, planned unit development, and remodeling variation for single-family residential.

(2)

The following petitions do not require a fee: site plan review, appearance review, and signage review.

(3)

For additional types of petitions and the associated fees, see Title 17 (subdivision applications and variations) and Title 21 (sign permits and sign code variations).

(4)

Public Hearing Fees. The fees associated with holding a public hearing relate to the administrative time processing the application, posting a public hearing sign on the subject property, posting a notice in the newspaper, and transcribing the proceedings at the hearing. Please note that the petitioner will be sent an invoice for any amount spent by the village on the transcription of the hearing that exceeds the original fee amount.

(5)

Public Hearing Sign. The village will erect a public hearing sign on the subject property for all petitions requiring a public hearing. See subsection (e) for a description of the penalty for damage to a public hearing sign.

(d)

Penalty for Violations. A person who violates or resists the enforcement of any of the provisions of this Title shall be fined not less than twenty-five dollars nor more than five hundred dollars. Each day such violation or failure is permitted to exist after notification thereof shall constitute a separate offense.

(e)

Penalty for Damage or Loss of a Public Hearing Sign. The village of Wheeling will retrieve the public hearing notice sign once the review is complete. If the sign has been damaged or removed from the property, the petitioner will be fined one hundred fifty dollars.

(Ord. 4131 § AR, 2006: Ord. 4018 § A (part), 2005)

(Ord. No. 4892, § F, 9-22-2014; Ord. No. 4900, §§ A, B, 12-8-2014)

(a)

Conflict with Other Laws. Whenever the provisions of this Title impose more restrictive standards than are required in or under a statute or other legal document, the requirements of this Title shall govern. Whenever the provisions of any other statute or legal document require more restrictive standards than are required by this Title, the provision of such statute or document shall govern.

(b)

Validity. Should any section, clause or provision of this Title be declared by the courts to be invalid or unconstitutional, such declaration shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional.

(c)

Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith are repealed.

(d)

Effective Date. This Title shall be in full force and effect from and after its passage and publication as provided by law.

(Ord. 4018 § A (part), 2005)