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Community Development
(847) 251-2700
comdev@wilmette.com
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Community
Development
Swimming Pools, Spas, and Related Equipment
Any request to install a swimming pool or spa shall
be subject to review and approval by the Site
Plan Review Committee. The Site Plan Review Committee shall approve
the installation of a swimming pool or spa if:
- The swimming pool, spa or related pumping and filtering equipment
will not be located between the principal building and a street;
- The pumping or filtering equipment will not be located within
15 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;
and
- The swimming pool or spa, and all related pumping and filtering
equipment, will be located on the lot so as to create as little
as possible visual impact and noise impact on adjacent properties;
and
- The swimming pool or spa, and all related equipment, will not
cause water to drain onto adjacent properties; and
- All lighting for the swimming pool or spa will be oriented away
from or shielded from adjacent properties.
The Site Plan Review Committee may grant a variance from the requirements
of this chapter only when 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;
- 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
Upon granting any such request, in whole or in part, the Site Plan
Review Committee shall issue written notice of its decision by first
class mail to the petitioners and to 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 which shall
consider the appeal as set forth in Section 20-6.4.14.1 et seq. below.
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 20-6.4.14(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. |