This Ordinance is known, referred to and cited as "Village of Wilmette Zoning Ordinance."

(Code 1993, § 20-1.1)

The intent of this document is to establish land use regulations to serve the Village of Wilmette. The regulations enumerated are based upon the Village's Comprehensive Plan, and the Village's development policies and objectives. Any reference to this Ordinance includes all amendments to this Ordinance.

(Code 1993, § 20-1.2)

The purpose of this Ordinance is to:

(a)

Promote the public health, safety and welfare;

(b)

Secure adequate natural light, pure air, privacy, and protection from fire, explosion, noxious fumes, flooding, and other dangers to persons and property;

(c)

Encourage the most appropriate use of land throughout the Village;

(d)

Conserve the value of land and improvements throughout the Village;

(e)

Prevent the overcrowding of land and avoid concentrations of population out of character with existing overall densities;

(f)

Maintain and enhance the Village's character as a predominantly single-family residential community;

(g)

Maintain and promote a superior quality of life in residential neighborhoods;

(h)

Encourage alternative housing opportunities in compatible locations which complement the traditional single-family character of the Village;

(i)

Maintain and promote high-quality housing stock in the Village;

(j)

Maintain and promote the development of shopping and recreational facilities which serve the needs of the Village's residents;

(k)

Promote vital, well-maintained, and attractive commercial areas that provide a variety of goods and services to the markets which have been historically served by those areas;

(l)

Promote the redevelopment of under-utilized commercial properties to increase the tax base in a manner consistent with community land use policies;

(m)

Prohibit the development of undesirable or noxious commercial uses;

(n)

Encourage the attractive design of private commercial structures and public property in commercial areas;

(o)

Preserve and enhance aesthetic values throughout the Village;

(p)

Minimize congestion in the public streets and ensure efficient traffic circulation;

(q)

Ensure the provision of adequate and efficient off-street parking and loading facilities; and

(r)

Regulate the use and development of land in a manner consistent with the goals and policies of the Village's Comprehensive Plan.

(Code 1993, § 20-1.3)

(a)

Territorial application. This Ordinance applies to all land, uses and structures within the corporate limits of the Village, including those owned by other municipal corporations and government bodies.

(b)

General application. In their interpretation and application, the provisions of this Ordinance are held to be the minimum requirements for the promotion and protection of the public health, safety and welfare, and are construed to achieve the purposes for which this Ordinance was adopted.

(c)

General prohibition. Except as otherwise provided by this Ordinance, no structure or land, in whole or in part, may be used or occupied, and no structure, in whole or in part, may be erected, constructed, reconstructed, moved, enlarged or structurally altered unless it conforms with the provisions of this Ordinance.

(d)

Private agreements. This Ordinance is not intended to nullify any private agreement or covenant. However, where this Ordinance is more restrictive than a private agreement or covenant, this Ordinance controls.

(e)

Other laws and regulations. Unless otherwise specifically provided, the Ordinance controls over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations control over the provisions of this Ordinance.

(Code 1993, § 20-1.4)

In determining the applicability of this Ordinance, with respect to the previously applicable zoning regulations, the following rules apply.

(a)

Existing illegal structures and uses. A structure or use that is illegal at the time of the adoption of this Ordinance, but is made legal by the provisions of this Ordinance, is deemed lawful as of the effective date of this Ordinance. However, if that structure or use does not conform to each and every requirement of this Ordinance, then that structure or use remains illegal.

(b)

Existing permitted and special uses.

(1)

Where a structure or land is used lawfully on the effective date of this Ordinance as a permitted use and that use is classified as a permitted use by this Ordinance in the zoning district in which it is located, that use is deemed a lawful permitted use.

(2)

When a structure or land is used lawfully on the effective date of this Ordinance as a special use and that use is classified as a special use by this Ordinance in the zoning district in which it is located, that use is hereby deemed a lawful special use.

(3)

Where a structure or land is used lawfully on the effective date of this Ordinance as a permitted use and that use is classified as a special use by this Ordinance in the zoning district in which it is located, that use is deemed a lawful special use. Any subsequent addition, enlargement or expansion of that use is required to conform to the procedural and substantive requirements for special uses pursuant to this Ordinance.

(4)

Where a structure or land is used lawfully on the effective date of this Ordinance as a special use and that use is classified as a permitted use by this Ordinance in the zoning district in which it is located, that use is deemed a lawful permitted use. Any subsequent addition, enlargement or expansion of that use is required to conform to the requirements of this Ordinance and any conditions set forth in the original special use approval.

(c)

Uses rendered non-conforming. If a structure or land is used in a manner that was a lawful use before the effective date of this Ordinance, and this Ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal non-conforming use and controlled by the provisions of Article 30-17 (Non-conformities).

(d)

Structures rendered non-conforming. If a structure existing on the effective date of this Ordinance was a conforming structure before the effective date of this Ordinance, and such structure does not meet all standards set forth in this Ordinance, that structure shall be deemed a legal non-conforming structure and controlled by the provisions of Article 30-17 (Non-conformities).

(e)

Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance, and if construction has begun within one-hundred eighty (180) days of the issuance of that permit and diligently pursued to completion, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy permit for the use originally intended.

(f)

Previously granted special uses and variations.

(1)

All special uses and variations granted prior to the effective date of this Ordinance shall remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the previously approved plans including any applicable conditions. However, if the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this Ordinance govern.

(2)

Any addition to or expansion of a lawful special use requires new special use approval in accordance with the procedures and standards set forth for special uses.

(3)

Any new owner or occupant of a lawful special use may continue operation of that use without needing a new special use approval pursuant to this Ordinance, provided that the operation of the lawful special use is continued in the same manner as it existed on the effective date of this Ordinance.

(g)

Pending applications. Where an application is pending on the effective date of the Ordinance, and notice of the public hearing on such application has issued before the effective date of this Ordinance, the application is governed by the Ordinance in effect prior to adoption of this Ordinance. In all other cases where an application is pending on the effective date of this Ordinance and no notice of a public hearing has been issued, the provisions of this Ordinance govern.

(Code 1993, § 20-1.5)

If any Article, paragraph, subdivision, clause, sentence or provision of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment will not affect, impair, invalidate or nullify the remainder of this Ordinance. The effect of the judgment is confined to the Article, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which judgment or decree was rendered.

(Code 1993, § 20-1.6)

The effective date of this Ordinance is April 1, 2014.

(Code 1993, § 20-1.7)

Upon the effective date of this Ordinance, all provisions of the Zoning Ordinance of the Village, as adopted on March 5, 1990, as amended from time to time, are expressly repealed in their entirety. This repeal only applies to the provisions of the Zoning Ordinance.

(Code 1993, § 20-1.8; Ord. No. 2014-O-45, 1-28-2014)