§ 30-4.3. Notice.

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.

VILLAGE OF WILMETTE TABLE 4-1: NOTICE REQUIREMENTS
	ALLOWABLE NOTICE DELIVERY
REQUEST TYPE	HAND DELIVERY	FIRST CLASS MAIL	DISTANCE	TIMING	PUBLISHED	POS- TED
Administrative Appeals (1)	Owner and parties	Owner and parties		5 days or less after filing
Administrative Zoning Review (2)	Owners and occupants	Owners and occupants	Adjoining/ abutting	15-30 days
Appearance Review Certificate - new/addition (3)	Owners and occupants	Owners and occupants	Adjoining/abutting	15-30 days		X
Appearance Review Certificate - modifications (3)				15-30 days		X
Appearance Review Certificate - sign and awning
Alley Vacation (Chapter 18 of the Village Code)	Owners and occupants	Owners and occupants	250'	15-30 days	X	X
Consolidation (Chapter 18 of the Village Code)	Owners and occupants	Owners and occupants	250'	15-30 days	X	X
Map Amendment (Rezoning) - Village Initiated (4)	(4)	(4)	(4)	15-30 days	X	X
Map Amendment (Rezoning) - Other	Owners and occupants	Owners and occupants	250'	15-30 days	X	X
Sign Variation	Owners and occupants	Owners and occupants	Adjoining/abutting	15-30 days	X	X
Special Use	Owners and occupants	Owners and occupants	250'	15-30 days	X	X
Subdivision (Chapter 18 of the Village Code)	Owners and occupants	Owners and occupants	250'	15-30 days	X	X
Temporary Uses	Owners and occupants	Owners and occupants	250'	10-45 days
Text Amendment - Village Initiated (4)	(4)	(4)	(4)	15-30 days	X	X
Text Amendment - Other				15-30 days	X
Variation	Owners and occupants	Owners and occupants	250'	15-30 days	X	X

 

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)