The purpose of this Article is to outline the general application, notice, and public hearing procedures for the zoning applications and approvals of this Zoning Ordinance.

(Code 1993, § 20-4.1)

(a)

Filing.

(1)

All applications are to be filed with the Zoning Administrator. Prior to filing an application, applicants are encouraged to schedule a pre-application meeting with the Zoning Administrator to review the application.

(2)

The application must be on forms provided by the Village and filed in such number as the instructions provide. All plans must be at a scale sufficient to permit a clear and precise understanding of the proposal.

(3)

The application must include information, plans and data as specified by the Village in the application and sufficient to determine whether the application conforms with all requirements set forth in this Ordinance.

(b)

Completeness. The Zoning Administrator will determine whether the application is complete. The Zoning Administrator must notify the applicant that the application is complete or inform the applicant of any deficiencies within a reasonable time. The Zoning Administrator will take no steps to process the application until all deficiencies are remedied. Once the Zoning Administrator determines that the application is complete, the application will be scheduled for consideration by the appropriate board, commission, committee or official.

(c)

Fees. Every application must be accompanied by the required filing fee as established and modified, from time to time, in the Village Code. The failure to pay such fee when due constitutes grounds for refusing to process the application and for denying or revoking any permit or approval for the subject property.

(d)

Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the decision on the application by a board, committee, commission or official, including the ability to withdraw the application if it has been tabled by a board or commission. There will be no refund of fees. Requests for withdrawal must be in writing by the applicant.

(e)

Successive Applications.

(1)

Within one (1) year of the date of denial, a subsequent application will not be reviewed or heard unless there is a substantial change to the application or the relief sought, or if a significant mistake of law or of fact affected the prior denial.

(2)

If the application is resubmitted earlier than one (1) year from the date of denial, such subsequent application must include a detailed statement of the grounds justifying its consideration.

(3)

The Zoning Administrator will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one (1) year wait requirement. If the Zoning Administrator finds that there are no new grounds for consideration of the subsequent application, he/she shall summarily, and without hearing, deny the request.

(f)

Affordable Housing Consultation on Applications.

(1)

Applicability.

(A)

The following types of developments that require a variation, special use, appearance review certificate or other zoning authorization are required to participate in an affordable housing consultation:

(i)

Multi-family dwellings that are:

a.

New construction; or

b.

Rehabilitation or remodeling of an existing multi-family building where the valuation for building permit fee exceeds fifty percent (50%) of the building's value prior to the rehabilitation or remodeling.

(ii)

Mixed-use commercial buildings with two (2) or more residential occupancies that are:

a.

New construction located in the VC, NR, NR-1, GC-1 or GC-2 Districts; or

b.

Rehabilitation or remodeling of an existing commercial building where the valuation for building permit fee exceeds fifty percent (50%) of the building's value prior to the rehabilitation or remodeling located in the VC, NR, NR-1, GC-1 or GC-2 Districts.

(B)

The provisions of this section do not apply to a construction project where fifteen percent (15%) or more of the dwelling units are affordable housing units.

(2)

Procedure.

(A)

Prior to submittal of any application for any variation, special use, appearance review certificate or other zoning authorization, the applicant will meet with the Zoning Administrator. At such meeting, the Zoning Administrator will provide the prospective permit applicant with a copy of the "Village of Wilmette Affordable Housing Plan" and discuss with the applicant whether there are reasonable options for including affordable housing units in the project.

(B)

The consultation must be held at least sixty (60) days prior to the date the application is filed with the Village, provided that after the required meeting, the Village Board, by resolution, may waive any remaining portion of the sixty (60) day period in cases where it determines that requiring an exhaustion of the waiting period would not serve the purposes of the "Village of Wilmette Affordable Housing Plan."

(Code 1993, § 20-5.2)

The body conducting a public hearing or meeting will hear no application unless the applicant complies in all respects to all notice requirements, as described in Table 4-1: Notice Requirements. The applicant may give additional notice, above that required by this section, as he/she may deem appropriate.

NOTES:

(1)

See Section 30-5.15.

(2)

Notice mailed by village staff.

(3)

See Section 30-4.3.(b)(2).

(4)

See Section 30-4.3.(b)(5).

(a)

Published Notice. For all applications that require a public hearing and for public meetings for appearance review certificate applications that require mailed notice the Village must publish notice in a newspaper of general circulation within the Village. The notice must include the date, time, place and purpose of such hearing or meeting, the name of the applicant, the address of the subject property, and the zoning action. Such notice must be published no less than fifteen (15) days, nor more than thirty (30) days, in advance of the scheduled hearing date.

(b)

Mailed Notice.

(1)

Mailed Notice for Public Hearings. Public hearings require written notice, on forms provided by the Zoning Administrator, to be mailed no less than fifteen (15), but not more than thirty (30), days prior to the public hearing to owners and occupants of all properties located within two hundred fifty (250) feet from the property line of the subject property, including streets and alleys, as well as all occupants of such lots. The notice must include the application number (if any), date, time, place and purpose of such hearing, the name of the applicant, and the address of the subject property. The notice must be mailed in a plain white envelope or the words "Village of Wilmette Public Notice Enclosed" must be on the front of the envelope to indicate that the contents are an official notice and not a commercial solicitation. For those mailings where the applicant is a Unit of Local Government, envelopes pre-printed with the name of the Unit of Local Government may be used without being labeled as a public notice.

(2)

Mailed Notice for Appearance Review Hearings. Public meetings for appearance review certificates require written notice, on forms provided by the Zoning Administrator, to be mailed no less than fifteen (15), but not more than thirty (30), days prior to the public meeting. The notice must include the application number (if any), date, time, place and purpose of such meeting, the name of the applicant, and the address of the subject property.

(A)

For a public meeting to consider granting an application for a sign variation or an appearance review certificate for construction of a new building or addition, written notice of the meeting is required to all owners and occupants for all lots which abut or lie directly across a street or alley from the subject property.

(B)

No notice is required in cases involving an appearance review certificate for only an exterior modification of an existing building, or the construction or expansion of a fence, parking lot, awning or other accessory structure, or for a sign.

(3)

Mailed Notice for Administrative Zoning Review. For administrative zoning review applications that include relief for an addition, dormer or detached garage, the Zoning Administrator must send a notification letter by first class mail to the applicant and to all properties that adjoin and abut the subject property or are across the street or alley from the subject property. The letter must describe the pending review, the location of the property, and inform the recipients that any comments regarding the variation request must be made in writing and received by the Zoning Administrator no later than fifteen (15) days from the date of the notice.

(4)

Mailed Notice for Temporary Uses. Temporary uses or structures to continue for more than five (5) days or other uses or structures as determined by the Zoning Administrator require written notice, on forms provided by the Zoning Administrator, to be mailed no less than ten (10), but not more than forty-five (45), days prior to the public hearing to owners and occupants of all properties located within two hundred fifty (250) feet from the property line of the subject property, including streets and alleys, as well as all occupants of such lots. The notice must include the application number (if any), date, time, place and purpose of such hearing, the name of the applicant, and the address of the subject property.

(5)

Mailed Notice for Applications Initiated by the Village.

(A)

Where the Village of Wilmette seeks a variation, special use, or zoning map amendment which is limited to a single, specific village-owned lot or contiguous group of village-owned lots, the Village shall follow the notice requirements in Sections 30-4.3.(a), 30-4.3.(b)(1), and 30-4.3.(c).

(B)

For zoning map amendments and text amendments initiated by the Village of Wilmette, the Zoning Administrator shall provide written notice by First Class Mail or hand delivery to owners and occupants of all lots which will be rendered non-conforming as to the uses allowed thereon or for whom the permitted uses shall be substantially changed by such proposed map amendment or text amendment.

(C)

For those amendments to the zoning map or text of this Ordinance which are initiated by the Village of Wilmette and are technical in nature, which add to or increase the permitted or special uses allowed on an affected lot, or which do not substantially affect the existing or permitted uses on properties affect by such proposed amendments, notice by publication shall be sufficient.

(6)

Mailed Notice Recipients. Owners are defined as persons who receive current real estate tax bills as shown on the records of the County Assessor. Occupants are defined as occupants of all residential, business and institutional properties.

(7)

Mailed Notice Delivery. Mailed notices may be delivered by U.S. Mail or by hand.

(A)

U.S. Mail Delivery.

(i)

Any notice that is delivered by mail must be sent to the person's last known address by first-class mail. Notices delivered by mail are deemed to have been given when deposited in the U.S. Mail.

(ii)

Any notice that is mailed to an occupant may be addressed simply to "Occupant" at the appropriate address, without the actual name of the occupant being specified.

(B)

Delivery by Hand. Any notice that is delivered by hand must be given as follows:

(i)

In the case of a natural person, to the person entitled to the notice or a member of that person's household over the age of thirteen (13).

(ii)

In the case of a corporation, to any officer or registered agent.

(iii)

In the case of a partnership, to any general partner.

(iv)

Where the recipients of such notice occupy a multi-tenant building, hand delivery may also be completed as follows: by personally delivering the notices to the owner of the building or president of the condominium association for the building (in the manner set forth above), requesting the building owner or association president to distribute the notices to each tenant and unit owner, and having the building owner or association president sign a sworn affidavit stating that he/she has in fact distributed the notices to each tenant and unit owner.

(8)

Affidavit of Mailed Notice. With the exception of administrative zoning reviews notice, the applicant is responsible for mailing proper notice. The applicant must provide a sworn affidavit to the Village, on a form provided by the Village, containing a complete list of the names and last known addresses of the persons entitled to notice and the method by which notice was delivered to each of them. The applicant must also provide the Village with a list of names, addresses and property identification numbers (PIN) of all notice recipients. This affidavit must be filed with the Zoning Administrator no less than ten (10) days in advance of the scheduled hearing or meeting, exclusive of the date of the hearing or meeting itself. Where notice has been given to the owner or condominium association president of a multi-tenant building, then the affidavit must be accompanied by the affidavit of the building owner or association president as required by this section.

(c)

Posted Notice. The Village is required to post a sign on the subject property for all public hearings for any zoning map amendment, other than a comprehensive rezoning of the entire Village, variation and special use, and for any public meeting on an appearance review certificate application in accordance with the provisions of this section.

(1)

Location and Timeframe. The required posting period is no less than fifteen (15) days, but no more than thirty (30) days, prior to the public hearing or meeting, excluding the day of the hearing or meeting from this period. The sign must be posted at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to passing pedestrians and motorists.

(2)

Information Included. The posted notice must include the application number (if any), the date, time, and place of the public hearing or meeting, and the nature of the application being considered at the hearing or meeting.

(3)

Responsibility for Posting Signs. The Village will provide the sign for posting on the property. The applicant must maintain the sign during the required period.

(d)

Public Examination and Copying of Applications and Other Documents. During normal business hours, any person may examine the application and material submitted in support of, or in opposition to, the application, subject to the exceptions set forth in the Freedom of Information Act. Upon reasonable request, any person is entitled to copies of the application and related documents.

(Code 1993, § 20-4.3; Ord. No. 2014-O-65, 11-11-2014; Ord. No. 2015-O-13, 4-14-2015; Ord. No. 2017-O-59, 10-10-2017)

(a)

Conduct of Public Hearings.

(1)

All public hearings are subject to the Illinois Open Meetings Act.

(2)

The procedure for public hearings is as follows:

(A)

Call to order and roll call.

(B)

The Chair opens the public hearing for the application(s) and presents a brief explanation of the public hearing procedure.

(C)

The Chair swears in those wishing to give testimony. All persons offering testimony at a public hearing shall testify under oath. An attorney shall be sworn if he/she offers testimony, but not if he/she is questioning a witness, summarizing witness testimony, or addressing the body conducting the hearing on procedural issues. All persons wishing to testify at the public hearing shall state for the record his/her name and address.

(D)

All interested parties may appear for themselves or be represented by a person of their choosing. Written statements will be accepted prior to the hearing to be entered into the public hearing record.

(E)

Any person may appear at a hearing and submit evidence, upon receiving recognition from the Chair of the body conducting the hearing. Any person may ask relevant questions of other witnesses, but only through the Chair and at the discretion of the Chair. All persons shall state his/her name for the record before submitting evidence or questioning a witness at the public hearing.

(F)

The application and any accompanying exhibits will be identified and made part of the record.

(G)

The applicant presents testimony regarding the petition and associated applications.

(H)

Questions are directed to the applicant by the body conducting the hearing.

(I)

Rebuttals.

(J)

The Chair may use reasonable discretion in determining when testimony has become redundant or is not relevant to the proceedings.

(K)

Follow-up questions from the body conducting the hearing.

(L)

Discussion of evidence gathered by the body conducting the hearing.

(M)

The body conducting the hearing will close the evidentiary portion of the public hearing. The hearing will be continued for the purposes of deliberating and voting on findings and recommendations. The hearing will remain open until such time as a decision is reached.

(b)

Continuances. The Chair, with approval of the body conducting the hearing, may continue the public hearing. In order to reopen the hearing, no new notice shall be required if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the hearing and placed in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notices must be given that would have been required for the initial public hearing.

(Code 1993, § 20-4.4)