|
Community Development
(847) 251-2700
comdev@wilmette.com
|
Community
Development
Heating, Ventilation, and Air Conditioning Equipment
- No heating, ventilation, or air conditioning equipment, other than an individual window unit, shall be located within 10 feet of a side lot line or rear lot line; however, on a lot that is less than 35 feet wide, such equipment may be installed at a point approximately equidistant from the side lot lines.
- Any heating, ventilation, or air conditioning equipment, other than an individual window unit, which is located between the principal building and a street or which does not meet the setback requirements set forth in (a) above shall be subject to review and approval by the Site Plan Review Committee.
The Site Plan Review Committee shall approve the installation of such equipment only where the applicant has demonstrated that:
- The particular physical conditions, shape, or surroundings of the property would impose upon the owner a practical difficulty or particular hardship, as opposed to a mere inconvenience, if the requirements of this Chapter were strictly enforced; and
- The plight of the property owner was not created by the owner and is due to unique circumstances; and
- The difficulty or hardship is peculiar to the property in question and is not generally shared by other properties classified in the same zoning district and/or used for the same purposes; and
- The difficulty or hardship resulting from the application of this Chapter would prevent the owner from making a reasonable use of the property; however, the fact the property could be utilized more profitably with the variation than without the variation shall not be considered as grounds for granting the variation; and
- The proposed variation will not impair an adequate supply of light and air to adjacent property or otherwise injure other property or its use, will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare, and will not substantially diminish or impair property values within the neighborhood; and
- The variation, if granted, will not alter the essential character of the neighborhood and will be consistent with the goals, objectives, and policies set forth in the Comprehensive Plan; and
- The equipment will be screened to its full height from the view of the street and abutting properties by a solid fence and/or evergreen shrubbery.
-
Upon granting of any such request, in whole or in part, approval, the Site Plan Review Committee shall issue written notice of its decision by first class mail to the petitioners and the owners of all properties which abut or are located directly across a street or alley from the subject property. Such persons shall have 15 days from the date of the notice within which to file an appeal from the Site Plan Review Committee's decision with the Zoning Board of Appeals.
-
Upon denial of any such request, in whole or in part, the applicant may, within 15 days from the date of the Site Plan Review Committee's decision, file an appeal with the Zoning Board of Appeals. Upon receipt of such an appeal, the Director of Community Development shall issue written notice of the decision and appeal by first class mail to the owners of all properties which abut or are located directly across a street or alley from the subject property.
The Zoning Board of Appeals shall consider the appeal at a regular or special meeting and, by resolution, shall reverse, affirm, or modify the contested action based on the standards set forth in Section 20-6.4.13(b). The decision of the Zoning Board of Appeals shall be a final determination of the issues unless the petitioner or the owner of an abutting property appeals to the Board of Trustees within 30 days. If the request fails to receive the approval of the Zoning Board of Appeals, then the favorable vote of five members of the Board of Trustees shall be required to approve the request.
|