§ 30-4.2. Application.

(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)