The city building official is designated as the enforcing officer of this zoning ordinance (also known as zoning administrator). The enforcing officer is authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this code.

(Ord. 1324, passed 1-4-00)

(A)

An appeal may be taken from any order, requirement, decision or determination of the zoning administrator. For purposes of this section, zoning administrator shall be construed to mean the building officer or his designee.

(B)

Procedure for appeal. The appeal shall be made within 45 days of the action by filing with the PZC or enforcing officer a notice of appeal specifying the grounds thereof. The PZC or enforcing officer shall forthwith transmit to the PZC all of the papers constituting a record upon which the action was taken. A hearing before the PZC will be held within 45 days of the filing of the petition. The PZC shall make recommendation to the city council within 60 days of the hearing.

(Ord. 1324, passed 1-4-00)

(A)

The city council, after receiving a report from the planning and zoning commission (PZC) containing their findings and recommendations, may vary the regulations of this chapter within their general purpose and intent.

(B)

The PZC shall make recommendation and provide findings of fact to the city council to the same that:

(1)

Adequate evidence was submitted to establish practical difficulties or particular hardship so that, in the judgement of the PZC, a variation is permitted because the evidence sustained the existence of each of the four following conditions:

(a)

Reasons that strict enforcement of the code would involve practical difficulties or impose exceptional hardship;

(b)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the particular district or zone;

(c)

The plight of the owner is due to unique circumstances;

(d)

The variation, if granted, will not alter the essential character of the locality.

(2)

Procedures for variations. An application for a variance shall be processed in accordance with the provisions of Section 150.18 of this chapter.

(3)

Conditions and restrictions. The PZC may recommend and the city council may impose conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section.

(Ord. 1324, passed 1-4-00)

(A)

A minor variance shall be defined as any one of the following:

(1)

A decrease of not more than five percent (5%) of the required minimum lot area per dwelling.

(2)

A decrease of not more than ten percent (10%) of the required minimum lot width or depth.

(3)

A decrease of not more than fifteen percent (15%) of the required width of a side yard setback or the required building separation.

(4)

A decrease not totaling more than fifteen percent (15%) of the required front and rear yard setbacks.

(5)

An increase of not more than twenty percent (20%) of the permitted height of a fence or wall.

(6)

An increase of not more than ten percent (10%) of any permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into any required front, rear or side yard setback.

(7)

An increase of not more than ten percent (10%) of the permitted height or areas of signs are required by the sign code.

(8)

An increase of not more than ten percent (10%) of the maximum allowable lot coverage.

(9)

An increase of not more than ten percent (10%) in the permitted height of buildings.

(B)

Procedure.

(1)

Each applicant shall meet with the city administrator to discuss the proposed variance as well as other options that may be available to the applicant.

(2)

Each applicant shall submit the following materials to the city administrator prior to any official action being taken:

(a)

Minor variance application form.

(b)

Owner's/agent's authorization affidavit.

(c)

Sketch plan containing and illustrating the following:

(i)

Property dimensions.

(ii)

Orientation (directional arrow indicating north).

(iii)

Scale (one inch equals 20′, 30′, 40′, etc.).

(iv)

Proposed structures with all dimensions.

(v)

Distance between structures.

(vi)

Distance from all structures to property lines.

(vii)

Required setbacks from streets/roads and property lines.

(viii)

Description of each structure's use.

(ix)

Identification of adjacent streets and roads.

(x)

Tax property identification number.

(d)

Consent form signed by all owners, as appearing in the recorded documents and authentic tax records of Will County, of properties which are contiguous to the property requesting a variance, including those properties separated solely by rights-of-way.

(e)

Seventy-five dollar ($75.00) fee.

(3)

Once all required materials have been submitted, the city administrator shall issue a written decision granting or denying the requested variance within ten (10) business days, which decision shall be transmitted to the applicant via certified mail. The city administrator may impose conditions and restrictions upon the property requesting a variance as may be necessary to comply with the standards set forth in this section.

(C)

The city administrator shall not grant a minor variance unless he or she finds that the following requirements have been satisfied:

(1)

There are extraordinary, peculiar and exceptional conditions or practical difficulties pertaining to the subject property because of its size, shape or topography that are not applicable to other properties within the same zoning classification, creating an unnecessary hardship for the property owner. Such conditions or difficulties shall be directly tied to the land; personal and/or self-imposed hardships or conditions may be given consideration but are not substantial reasons for granting a variance.

(2)

A literal interpretation of the provisions in the zoning ordinance would effectively deprive the applicant of rights commonly enjoyed by other properties within the same zoning district.

(3)

Granting the minor variance will not confer upon the subject property or its owner any special privileges that are denied to other property owners within the same zoning district.

(4)

The requested minor variance will be in harmony with the purpose and intent of the zoning ordinance and will not be injurious to the health, safety or general welfare of the citizens of the city of Wilmington.

(5)

The requested minor variance deviates from the zoning ordinance only to the extent necessary to accommodate the proposed use of the land, building or structure within the zoning district.

(D)

If one or more contiguous property owners withhold consent, if the city administrator denies a requested variance or if an applicant objects to the conditions imposed by the city administrator upon a granted variance, an applicant may file for a variance in accordance with standards and procedures set forth in Sections 150.12 and 150.18.

(E)

The city administrator will provide members of the city council and planning and zoning commission with monthly status reports on all minor variance applications received.

(F)

Notwithstanding subsections (A), (B), and (D) above, the city engineer, city administrator, and chief building official may approve a minor variance waiving or reducing any setback for an accessory structure such as a deck or porch upon a finding that the conditions in subsection (C) above have been satisfied. The remedy to any denial of the variance requested shall be to follow the procedures of Sections 150.12 and 150.18 of this Code.

(Am. Ord. 13-07-16-01, passed 7-16-13; Ord. 06-11-07-02, passed 11-7-06)

The city council may from time to time amend the regulations imposed and the districts created by this chapter after a public hearing before the PZC.

(A)

At least 15 days but not more than 30 days prior to the public hearing, notice of the time and place of the hearing shall be published in a paper of general circulation in the city.

(B)

The city planner shall prepare and submit a report to the PZC outlining the intent and purpose of the text amendment and make recommendation to the PZC.

(C)

The PZC shall hold a public hearing and shall consider the proposed text amendment and relevant facts presented by the applicant, the public or city staff. Once the PZC is satisfied that they have heard all of the relevant facts, they shall recommend to the city council approval or denial of the proposed text amendment or the approval of a modified version of the proposed text amendment.

(D)

After recommendation by the PZC, the city council may, by ordinance, approve, deny or approve with modification, the proposed text amendment.

(Ord. 1324, passed 1-4-00)

The city council, after receiving a report from the PZC containing its findings and recommendations, may amend the zoning district boundary lines.

(A)

Standards for map amendments. The PZC shall make findings and recommendations based upon the evidence presented to it in each specific case that:

(1)

The proposed rezoning conforms to the comprehensive plan; or conditions or trends of development have changed in the area of the request, since the adoption of the comprehensive plan, to warrant the need for different types of land uses or densities. Furthermore, the proposed rezoning is appropriate considering the length of time the property has been vacant, as originally zoned, and taking into account the surrounding area's trend of development;

(2)

The proposed rezoning conforms to the intent and purpose of this chapter;

(3)

The proposed rezoning will not have a significant detrimental effect on the long-range development of adjacent properties or on adjacent land uses;

(4)

Adequate public facilities and services exist or can be provided.

(B)

Procedure. An application for a map amendment shall be processed in accordance with the provisions of Section 150.18 of this chapter.

(C)

For the purpose of implementing the above the PZC and city council shall give weight to the following considerations:

(1)

The potential benefits and detriments of the proposed zoning change to the public health, safety and welfare;

(2)

The extent to which the proposed amendment is in compliance with and/or deviates from the adopted comprehensive plan;

(3)

The suitability of the property in question for the uses permitted under the proposed zoning;

(4)

The adequacy of appropriate public facilities, such as sewer, water and roads and of other required services.

(Ord. 1324, passed 1-4-00)

If a lot or parcel for which a map amendment has been issued has not been put to a bona fide use or uses permitted in the amended district within two years after the ordinance or order making the amendment, the city may revert the zoning classification of the property to the zoning district present before the amendment.

(A)

Initiation of reversion. Reversions may be proposed by the city council, planning and zoning commission, or by any person aggrieved by the map amendment.

(B)

Procedure for reversion.

(1)

An application for reversion shall be filed with the zoning administrator and shall be in such form and contain such information as the zoning administrator may require.

(2)

A copy of the application for reversion shall be forwarded to the planning and zoning commission with a request to hold a public hearing.

(3)

The planning and zoning commission shall hold a public hearing on the reversion within 60 days after receiving the application from the zoning administrator. Notice of the time and place of such hearing shall be published at least 15 days but no greater than 30 days prior to the hearing in a newspaper of general circulation in the city. A copy of the public notice shall be mailed by registered or certified mail to the current owner of record of the subject property as found on the last tax assessment.

(4)

The hearing shall be held at the time and place indicated in the public hearing notice.

(5)

The PZC shall present to the city council at their next regular meeting a report and findings-of-fact showing the time and place of the meeting, the action taken by the PZC, the members present, the applicants present, any objectors, all petitions, papers, plans, and maps regarding the rezoning, the publication notice, the vote of the PZC, its recommendations and any other information pertinent to the subject request. These documents should be filed with the city clerk and placed in the file made by the city clerk at the time of the original petition by the applicant.

(6)

After recommendation of the PZC is received, the city council may grant or deny any proposed reversion.

(Ord. 1324, passed 1-4-00)

After denial of a map amendment by the city council, no application for the same zoning district on the same property shall be made until at least 180 calendar days since the council's denial.

(Ord. 1324, passed 1-4-00)

In addition to those uses specifically classified and permitted in each district, it is recognized that there are certain additional uses which may be desirable to allow because of their service to the public. However, because of their unusual and unique characteristics and impacts, these conditional uses require additional consideration. The city council, after receiving a report from the PZC containing its findings and recommendation, may allow a conditional use in connection therewith in a particular zoning district or districts.

(A)

Standards for conditional uses. The city council, based upon recommendation from the PZC, shall make findings based upon the evidence presented to it in each specific case that:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety, and general welfare; and

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; and

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.

(B)

Procedure. An application for a conditional use shall be processed in accordance with the provisions of Section 150.18 of this chapter.

(C)

Conditions and restrictions. The PZC may recommend and the city council may impose conditions and restrictions upon the premises benefitted by a conditional use as may be necessary to comply with the standards set forth in this section.

Such conditions and restrictions shall directly benefit the premises described in the conditional use and shall be imposed only if the city council finds them necessary to prevent circumstances which may be adverse to public health, safety and welfare. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section.

(D)

Effective period. Unless otherwise stated in the conditions of a particular conditional use permit, substantial construction or operation of the conditional use must commence within one year of the effective date of the permit. This time period may be extended through application to and approval by the city council. If no appeal is made or no extension is granted, the permit shall terminate upon expiration of the one-year period.

If the conditional use is discontinued for greater than one year, the conditional use permit shall expire and may not resume without city council approval.

(Ord. 1324, passed 1-4-00)

The process for obtaining a variance, map amendment and conditional uses shall be as follows:

(A)

An application shall be filed with the zoning administrator or his designee. In addition to submitting the application, the applicant shall be required to submit all of the information requested in the development checklist and a drawing of the property showing the following:

(1)

All dimensions of the property;

(2)

Location of all streets, alleys and other properties within 150 feet of the subject property;

(3)

Where applicable, the approximate location of all existing and proposed buildings, curbcuts, driveways, off-street parking spaces and loading areas, traffic circulation patterns, adjoining street pavement and right-of-way widths, sidewalks, landscaping, screening, open space areas, signage, lighting, sanitary sewer and water utilities, and other related site plan features;

(4)

Legal description of the property.

(B)

The zoning administrator or his designee shall arrange for the notice of a public hearing to be published no less than 15 days but no greater than 30 days prior to the hearing in a newspaper of general circulation in the city.

All published notices shall contain the place, the nature and the purpose of all variances, map amendments or conditional uses requested, and the date and time of such hearing. The notice shall also include the legal description, the common address or location of the property in question, the name and address of the applicant and owner of the property, and the office address of the zoning administrator where full information regarding the petition may be obtained.

The zoning administrator shall secure at least one copy of the publication notice as published and certified by the publisher for the application file.

(C)

The zoning administrator or his designee shall deliver one copy of the application to the chairman of the PZC and one copy of the application to the secretary of the PZC.

(D)

The zoning administrator shall prepare a receipt for the filing fee for the applicant. No application is to be filed unless the fee is paid. The fee schedule is set forth by the city council and may be amended from time to time.

(E)

The city shall provide and the applicant shall post notice of the public hearing on a sign upon the property for which the variance, map amendment or conditional use is requested. One sign shall be provided by the city and placed by the applicant for each frontage of a public right-of-way. The sign shall be of such a size and coloring and with letters of sufficient size as to be clearly legible to the public view on all adjacent public rights of way. The sign shall contain the number assigned to the application, the place, the nature, the purpose, and the date and time of such hearing and the office address of the zoning administrator where full information including a legal description may be obtained concerning the application, and shall be posted not more than 30 days nor less than 15 days in advance of such hearing.

(F)

The applicant shall also give written notice to the owner of record, as shown on the record of the local real estate tax collector, of all lots lying within 250 feet, exclusive of rights-of-way, of the property lines of the lot for which the variance, map amendment or conditional use is sought. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the zoning administrator, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.

(G)

The applicant shall pay all professional fees including, but not limited to, reasonable attorneys', engineers' and planners' fees associated with the application. The applicant shall execute a professional agreement in an amount established by ordinance by the city council, which may be amended from time to time.

(H)

The secretary of the PZC will notify all members of the PZC of the date of the zoning hearing.

(I)

The city planner shall review the proposal and submit a report to the PZC outlining the details of the subject request and its compliance with city ordinances and make recommendation to the same.

(J)

The hearing shall be held at the time and place indicated in the public hearing notice.

(K)

Within 60 days after the hearing the PZC shall present to the city council at their next regular meeting a report and findings-of-fact showing the time and place of the meeting, the action taken by the PZC, the members present, the applicants present, any objectors, all petitions, papers, plans, and maps regarding the rezoning, the publication notice, the vote of the PZC, its recommendations and any other information pertinent to the subject request. These documents should be filed with the city clerk and placed in the file made by the city clerk at the time of the original petition by the applicant.

(L)

Prior to the city council meeting, the city attorney shall be notified by the city clerk to prepare the necessary ordinance.

(M)

After recommendation by the PZC is received, the city council may, by ordinance, grant, or grant with conditions, restrictions, or modification, the proposed variance, conditional use, or map amendment, as permitted by law. If the city council does not approve of a proposed variance, conditional use or map amendment after recommendation by the PZC, it may deny the proposed variance, conditional use or map amendment or refer the same back to the PZC for further consideration.

(N)

The city clerk is to notify the applicant and the president and secretary of the PZC of any action taken on the zoning request. The city clerk will keep the zoning map and show all zoning changes thereon.

(Ord. 1324, passed 1-4-00)

(A)

Compliance required. No lot, plot or parcel of land shall be improved or developed for multifamily residential, commercial, industrial or any other nonresidential purposes or uses nor shall any building permit be issued for the construction of any improvements or buildings for multifamily residential, commercial, industrial or any other nonresidential purposes and uses within the city until the provisions of this article have been complied with. Resurfacing or paving of existing parking lots, provided said lot is not being expanded, is exempt from this requirement.

(B)

Site plan submission. Any person proposing the development of any lot, plot or parcel of land or applying for a building permit for the construction of improvements or buildings for multifamily residential, commercial, industrial or any other nonresidential purposes or uses, prior to the commencement of such development or at the time of the submission of an application for such permit, shall submit 5 copies of a site plan to the city engineer. Accompanying each site plan herein required shall be copies of all of the permits from other governmental bodies or agencies required for the contemplated development, improvement or building. A site plan is not required for minor improvements or remodeling of an existing business where the total impervious area (footprint) of the building does not change. A change of zoning, parking lot expansions, minor changes to a commercial entrance or additions to water retention or detention facilities, as required by city ordinances, will require a site plan.

Exemption from the site plan submission requirement does not exempt applicants from the requirement to submit information required by the building inspector as part of the building permit process.

(C)

Information on site plan. The site plan shall designate the following:

(1)

Topography of the site and adjoining lands as the same will exist upon completion of the contemplated development or improvement at two feet elevation intervals, including groundcover, slopes, banks, ditches and other like features;

(2)

Location, arrangement, exterior height dimensions and exterior materials of all permanent buildings and aboveground structures;

(3)

Location, arrangement and dimensions of vehicle parking spaces, width of aisles, bays and angle of parking, together with the type of parking surface;

(4)

Location and dimensions of vehicular entrances, exits and driveways;

(5)

Location and dimensions of pedestrian entrances, exits, walks and walkways;

(6)

Location and dimensions of the specific storm or surface water drainage system to serve the site, together with connections to off-site drainage facilities;

(7)

Location, dimensions and capacities of all utilities to serve the site including natural gas, telephone, electricity, water and sanitary sewer, together with connections to connecting off-site utility lines and mains;

(8)

Location, size, height and orientation of all signs other than signs flat on building facades;

(9)

Lighting plan showing location, size, height, illumination and orientation of all lights;

(10)

Location and dimensions of all storm water retention ponds and facilities;

(11)

Location, arrangement and dimensions of vehicle loading and unloading spaces, areas and docks;

(12)

Location, dimensions and materials of walls and fences;

(13)

The date the site plan was prepared and the name, address, and phone number of the preparer. Site plans involving any engineering are required to bear the signature and seal of an Illinois professional engineer.

(D)

Compliance with zoning and city regulations. The site plan or addendum thereto shall further contain information showing compliance with all of the requirements of the applicable zoning district regulations and all other applicable provisions of the city code.

(E)

Examination of site plan. The city engineer, city building official, and city planner shall examine and review the site plan to determine whether the same complies with this chapter and all other city ordinances, ensures adequate utility service to the development or building and provides for proper storm or surface water retention and drainage, whether the contemplated development, improvement, building or facilities will harm or damage surrounding properties or overload public and utility improvements beyond their capacity and shall submit their written recommendation of approval, denial or modification to the building inspector and zoning officer for their review and recommendation for approval or denial.

(F)

Planning Commission Review. The Wilmington Planning Commission shall, within 30 days from the date of submittal by the applicant, review said plans as to their compliance with applicable sections of the zoning ordinance and development regulations of the City of Wilmington. the planning commission shall, within 30 days of its review, issue an advisory recommendation to the city council as to approval or denial of said plans, and shall take into consideration the recommendation or lack thereof from the city building official, city engineer and city planner.

(G)

City council, final decision. In all cases the city council shall make the final decision as to the approval or denial of a site plan, and shall consider in its decision the recommendation or lack thereof from the building inspector, zoning officer, city building official, city planner, and city engineer.

(H)

Denial of site plan. In the event a site plan does not comply with all required recommendations, it shall be deemed denied until all recommendations are complied with.

(I)

Site plan review fee and professional fee agreement. The applicant shall submit a site plan fee in the amount dictated by the city council, which may be amended from time to time. In addition, the applicant shall pay all professional fees including, but not limited to, reasonable attorneys', engineers' and planners' fees associated with the site plan review. The applicant shall execute a professional agreement in an amount established by ordinance by the city council and may be amended from time to time.

(Ord. 1324, passed 1-4-00; Am. Ord. 1401, passed 1-15-02; Am. Ord. 16-02-16-04, passed 2-16-16; Am. Ord. 17-08-15-04, passed 8-15-17)

The city council shall adopt by separate ordinance or resolution the fee or fees required for any application to the city provided for under this code.

(Ord. 1324, passed 1-4-00)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues.

(Ord. 1324, passed 1-4-00; Ord. 1574, passed 7-15-03)