The Village Council or, if so authorized, the Zoning Board of Appeals, may determine and vary the application of the regulations of the Winnetka Zoning Ordinance, Title 17 of this Code, in harmony with the general purpose and intent of said regulations, subject to the standards and procedures set forth in this chapter, provided that use variations shall not be permitted.

(MC-2-2004, Amended, 04/06/2004; MC-5-2000, Amended, 10/03/2000, Subsections D and E amended)

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004; MC-5-2000, Amended, 10/03/2000, Subsections D and E amended)

   A.   Initial Review of Applications for Zoning Variations.

      1.   Minor Variations. The Zoning Administrator shall have the authority to review all applications for minor zoning variations and to consider the merits of complete applications in accordance with the procedures established by section 17.60.050 of this chapter.

      2.   Standard and Major Variations. The Zoning Administrator shall have the authority to review all standard and major variations and to forward completed applications for such variations to the Zoning Board of Appeals, along with the Zoning Administrator's zoning analysis of the application, The zoning analysis may also include the Zoning Administrator's comments and recommendations on the merits of such applications.

   B.   Administrative Proceedings on Minor Zoning Variations. The Zoning Administrator shall conduct the administrative proceedings on all applications for minor variations, pursuant to the procedures established by section 17.60.050 of this chapter, and shall enter written findings of fact based on the record.

   C.   Final Decision-making Authority for Minor Variations. Subject to the standards and limitations set forth in this chapter, the Zoning Administrator shall have the authority to make final decisions granting variations from the terms of this title in cases for which the applicant seeks one or more of the types of relief that is listed in the Table of Decision-making Authority set forth in Section 17.60.035 (D) of this chapter as being within the final decision-making authority of the Zoning Administrator.

   D.   Form of Decision; Written Order Required. All final decisions of the Zoning Administrator on minor variations shall be made by written order. The written order shall comply with the applicable procedures of section 17.60.045 and standards of section 17.60.050 of this chapter.

(MC-6-2005, Added, 09/20/2005)

   A.   Hearings on All Standard and Major Zoning Variations. The Zoning Board of Appeals shall conduct a public hearing on all applications for zoning variations for standard and major variations and shall enter written findings of fact based on the record. The Zoning Board of Appeals shall not conduct any hearings on minor variations, except as necessary to consider an appeal from a decision of the Zoning Administrator on an application for a minor variation, as provided in section 17.72.010 of this title.

   B.   Advisory Decision-making Authority. Except as provided in the following subsection C, the decisions of the Zoning Board of Appeals on all zoning variation applications shall be advisory to the Village Council. In addition, notwithstanding anything in Subsection C to the contrary, the Board’s decisions shall be advisory to the Village Council in all of the following instances:

      1.   Applications for variations that are related in any way to a special use, including all WTSF and planned developments.

      2.   Applications for more than one variation where any one of such variations falls within the final decision-making authority of the Village Council.

      3.   Applications for any variation for any new principal building.

      4.   Applications for variations that are related to the steep slope regulations, as provided in Chapter 17.82 of this Code.

   C.   Final Decision-making Authority for Standard Variations. Subject to the standards and limitations set forth in this Chapter, including the limitations in the foregoing subsection B, the Zoning Board of Appeals shall have the authority to make final decisions granting variations from the terms of this title in cases for which the applicant seeks one or more of the types of relief that is listed in the Table of Decision-making Authority set forth in Section 17.60.035 (D) of this chapter as being within the final decision-making authority of the Zoning Board of Appeals.

   D.   Form of Decision; Resolution Required. All decisions of the Zoning Board of Appeals, whether advisory or final, shall be made by resolution. The resolution shall comply with the applicable procedures of Section 17.60.040 and standards of Section 17.60.050 of this Chapter.

(MC-2-2004, Amended, 04/06/2004)

(MC-01-2024 § 5, Subparagraph B.4. added, 02/06/2024; MC-8-2005, Amended, 12/20/2005, Subsection (B) amended; MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)

   A.   Final Decision-making Authority. The Village Council reserves for itself the authority to make the final decision to grant or deny any and all variations that have not been delegated to the Zoning Board of Appeals in Section 17.60.010 of this chapter, and any and all variations related to the following types of applications and uses, regardless of whether any of such variations have been delegated to the Zoning Board of Appeals in Section 17.60.010:

      1.   Application for variations that are related in any way to a special use, including all WTSF and planned developments.

      2.   Applications for more than one variation where any one of such variations falls within the final decision-making authority of the Village Council.

      3.   Applications for any variation for any new principal building.

      4.   Applications for any variations that are related to the steep slope regulations, as provided in Chapter 17.72 of this Code.

   B.   Form of Decision; Ordinance Required. All variations granted by the Village Council shall be granted by ordinance. The ordinance shall comply with the applicable procedures and standards set forth in Sections 17.60.040 and 17.60.050 of this chapter.

(MC-2-2004, Amended, 04/06/2004; MC-5-2000, Amended, 10/03/2000, Adds new Subsection C)

(MC-01-2024 § 6, Subparagraph A.4. added, 02/06/2024; MC-8-2005, Amended, 12/20/2005, Subsection (A) amended; MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004; MC-5-2000, Amended, 10/03/2000, Adds new Subsection C, Effect of Denial of Application)

   A.   Minor Variations. For purposes of this Chapter, a minor variation is a variation that is within the final decision-making authority of the Zoning Administrator. Except as limited by Sections 17.60.020 and 17.60.030 of this chapter, or unless the Village Council otherwise delegates final decision-making authority to the Zoning Board of appeals or reserves final decision-making authority for itself, the Zoning Administrator shall have the authority to make final decisions to grant or deny zoning variations in the cases identified and marked with the letters "ZA" in the Table of Decision-Making Authority set forth in subsection D of this section.

   B.   Standard Variations. For purposes of this Chapter, a standard zoning variation or a standard variation is a variation that is within the final decision-making authority of the Zoning Board of Appeals. Except as limited by Section 17.60.030 of this chapter, or unless the Village Council otherwise reserves final decision-making authority for itself, the Zoning Board of Appeals shall have the authority to make final decisions to grant or deny zoning variations in the cases identified and marked with the letters "ZBA" in the Table of Decision-Making Authority set forth in subsection D of this section.

   C.   Major Variations. For purposes of this Chapter, a major variation is a variation for which the Village Council has retained final decision-making authority, as indicated in the Table of Decision-Making Authority set forth in subsection D of this Section, and as set forth in full detail in Section 17.60.030 of this chapter.

   D.   Table of Final Decision-Making Authority. The final decision-making authority of the Zoning Administrator, the Zoning Board of Appeals and the Village Council, for minor variations, standard variations and major variations, respectively, shall be as indicated in the following table, subject to the Village Council's reservation of final decision-making jurisdiction as provided in section 17.60.030 of this chapter.

 

(MC-3-2009, Amended, 04/28/2009; MC-6-2005, Added, 09/20/2005)

   A.   Hearing Required. A hearing before the Zoning Board of Appeals is required for all standard and major zoning variations. The Zoning Board of Appeals shall fix a reasonable time for hearings on applications for zoning variations. However, if the application for variation involves the alteration of an exterior feature of a landmark designated under Chapter 15.64 of the Winnetka Village Code, the hearing shall be fixed for a date not less than sixty (60) days from the date of the filing of the application, so as to allow the Historic Preservation Commission to complete its review of the plans and make its determination of the appropriateness of the proposed work, as required by Section 15.64.60 of this Code.

   B.   Notice of Hearing.

      1.   Publication of Notice. Notice of the time and place of the public hearing shall be published not more than thirty (30) days nor less than fifteen (15) days before the hearing in one or more newspapers published in the Village, or, if no newspaper is published in the Village, then in one or more newspapers with a general circulation within the Village and which is published within Cook County, Illinois. This notice shall contain the particular location for which the variation is requested as well as a brief statement of the nature of the proposed variation.

      2.   Notice to Certain Property Owners. Concurrently with the filing of an application for variation, the applicant shall furnish a list of the names and addresses of the owners of record of the property which is the subject of such application and all persons to whom the latest general real estate tax bills were sent for all property situated within two hundred fifty (250) feet of the subject property. Written notice of the time and place of such public hearing shall be sent by the Village by first class mail postage prepaid to each person whose name appears on such list, at the address shown on such list, not less than ten (10) days prior to the date of such public hearing; provided, however, that the failure of any such person to receive such written notice shall not invalidate, impair or otherwise affect any such variation subsequently granted following such public hearing.

   C.   Evidence Required at Hearing. The Zoning Board of Appeals shall require evidence on the following issues:

      1.    that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district;

      2.    that the plight of the owner is due to unique circumstances;

      3.    that the variation, if granted, will not alter the essential character of the locality;

      4.    that an adequate supply of light and air to adjacent property will not be impaired;

      5.    that the hazard from fire and other damages to the property will not be increased;

      6.    that the taxable value of land and buildings throughout the Village will not diminish;

      7.    that the congestion in the public street will not increase; and

      8.    that the public health, safety, comfort, morals and welfare of the inhabitants of the Village will not be otherwise impaired.

   D.   Recommendation by the Zoning Board of Appeals. The Zoning Board of Appeals shall not recommend that the Village Council grant a variation unless the Zoning Board of Appeals makes an affirmative finding, based on evidence in the record or in a public document, that each of the foregoing eight conditions is met in connection with the variation application. The findings of the Zoning Board of Appeals shall comply with Section 17.60.050.

(MC-06-2024, Amended, 7/16/2024; MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)

   A.   Administrative Hearing Required. The Zoning Administrator shall conduct an administrative hearing on all minor variation applications. The Zoning Administrator shall fix a reasonable time for such hearings; provided that, if the application for variation involves the alteration of an exterior feature of a landmark designated under chapter 15.64 of the Winnetka Village Code, the hearing shall be fixed for a date not less than sixty (60) days from the date of the filing of the application, so as to allow the Historic Preservation Commission to complete its review of the plans and make its determination of the appropriateness of the proposed work, as required by Section 15.64.60 of this code.

   B.   Notice of Hearing.

      1.   Publication of Notice. Notice of the time and place of the public hearing shall be posted on the Village's web site. Newspaper publication of the notice shall not be required.

      2.   Notice to Certain Property Owners. The Zoning Administrator shall prepare a list of the names and addresses of the owners of record of the property for which the variation is sought, and of all persons to whom the latest general real estate tax bills were sent for all property situated within two hundred fifty (250) feet of the subject property (the "notification list"). Not less than ten (10) days before the scheduled date of the administrative hearing, the Zoning Administrator shall issue written notice of the time and place of the administrative hearing to each person whose name appears on the notification list, at the address shown on that list. The notices shall be sent by first class mail, with postage prepaid. The failure of any person on the notification list to receive such written notice shall not invalidate, impair or otherwise affect any variation that is described in the notice and is granted by the Zoning Administrator after the administrative hearing.

   C.   Evidence Required at Hearing. The Zoning Administrator shall require the applicant to present evidence on the same issues as are described in subsection C of section 17.60.040 of this chapter.

   D.   Decision by the Zoning Administrator. The Zoning Administrator shall not grant a minor variation without making an affirmative finding, based on evidence in the record or in a public document, that each of the eight issues set forth in subsection C section 17.06.040 is met in connection with the variation application. The findings of the Zoning Administrator shall comply with Section 17.60.050.

(MC-06-2024, Amended, 7/16/2024; MC-6-2005, Added, 09/20/2005)

   A.   Findings of Fact Required. Every variation, whether made by the Zoning Administrator, the Zoning Board of Appeals, or by an ordinance of the Village Council after a hearing before the Board, shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variation, which findings and exhibits shall remain a part of the permanent records of the Board. The findings of fact shall specify the reason or reasons for granting the variation.

   B.   Separate Statement of Conclusions or Relief. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the Board or ordinance.

   C.   Variation Standards for Zoning Board of Appeals and Zoning Administrator. The Zoning Board of Appeals shall not grant a standard variation, and the Zoning Administrator shall not grant a minor variation, unless the Board or the Zoning Administrator, as the case may be, makes an affirmative finding, based on evidence in the record or in a public document, that the variation requested is in harmony with the general purpose and intent of the Zoning Ordinance and that each of the eight conditions on which evidence is required pursuant to Section 17.60.050 of this Code has been met in connection with the variation application.

   D.   Variation Standards for Village Council. The Village Council shall have the discretion to grant variations, without further public hearing, upon finding that the variation requested is in harmony with the general purpose and intent of the Zoning Ordinance and in accordance with general or specific rules contained in this chapter, and upon finding that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions or regulations of the Zoning Ordinance; provided that, the passage of any ordinance granting a variation or application for variation that failed to receive a recommendation of approval by the Zoning Board of Appeals shall require the favorable vote of four Village Trustees.

   E.   Property for which a zoning variation has been granted shall not be used in violation of the specific terms of the findings of fact and grant of variation as set forth in the written order of the Zoning Administrator, the resolution of the Board, or ordinance of the Village Council, as the case may be, unless its usage is changed by further findings of fact of the Zoning Administrator, the Board or the Village Council, in an additional order, resolution or ordinance, as the case may be.

(Prior code § 22.16 (part))

(MC-2-2004, Amended, 04/06/2004)

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)

   If, for any reason, the Village Council denies an application for variation that is within its final decision-making jurisdiction or if, for any reason, the Zoning Board of Appeals denies an application for variation that is within its final decision-making jurisdiction, the application shall not be resubmitted in substantially the same form and/or content within one year of the date of such denial.

(MC-2-2004, Amended, 04/06/2004)

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)

   A.   Review of Final Decisions of the Zoning Administrator. Final decisions of the Zoning administrator on minor variations shall be subject to review by the Zoning Board of Appeals pursuant to the appeals procedures established in Section 17.72.010 of this title.

   B.   Review of Final Decisions of the Zoning Board of Appeals. Final administrative decisions of the Zoning Board of Appeals on standard variations shall be subject to judicial review pursuant to the provisions of the Illinois “Administrative Review Law,” as set forth in Article II of the Illinois Code of Civil Procedure, 735 ILCS 5/3-1-3, et seq., and any amendments thereto. Final decisions of the Zoning Board of Appeals on major variations are advisory and shall not be subject to appeal to the Council or to judicial review.

(Prior code § 22.16 (part))

   C.   Review of Final Decisions of the Village Council. Final legislative decisions of the Village Council on major variations and any other variations that are subject to the Village Council's final decision-making authority shall be subject to judicial review in the manner established by applicable Illinois law.

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)