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Zoning Amendments

Application for Development Review

What is Zoning?

The general intent and purpose of zoning, as specified in Section 19.02.020 of the Wheeling Zoning Code, is to promote the orderly and beneficial development of residential, commercial and industrial areas throughout the Village.  By law, the Village is divided into a series of use classifications or zones most appropriate to carry out the provisions of the Zoning Ordinance.

When is a Zoning Amendment or "Rezoning" needed?

On occasion, rezoning of a property or district may be desired and appropriate, but this can occur only under limited conditions. Standards have been developed which shall be used to evaluate petitions for rezoning of land in the Village.  Prior to application, the petitioner should test his/her request against the following standards set forth in Section 19.14.010 of the Wheeling Zoning Ordinance:

1. Compliance with the intent and purpose of the Wheeling Zoning Code as specified in Section 19.02.020;

2. Compliance with the comprehensive plan, official map, and all other plans and policies adopted by the Village;

3. Physical or economic conditions pertaining to the subject area which have changed and which make the existing zoning inappropriate and the proposed rezoning appropriate;

4. The proposed rezoning is desirable and needed in the Village;

5. The proposed rezoning is compatible with and would not unduly depreciate the use and value of a surrounding property;

6. Contribution to a rational pattern of land uses which is beneficial to the Village.

If the petitioner feels confident that he can adequately address each of these standards, he may then initiate a request for rezoning through the Village's Community Development Department.

How to Initiate a Rezoning Request?

In requesting a rezoning, the petitioner is seeking to amend, not only the zoning map, but also the criteria or regulations imposed on his/her particular piece of property.  No amendments shall be made without a public hearing before the Plan Commission.

The first step in initiating a rezoning request is to write to the Director of Community Development identifying where the property is located, what rezoning is being sought, and what the intended use of the property will be.  The Director will review this request, and then instruct the petitioner to file an application for rezoning.  The application for rezoning must be completed and submitted, along with the various proof-of-ownership documents requested on the application, to the Community Development Department.

What Fees are Involved?

A $360.00 check or money order, made out to the Village of Wheeling, must accompany the application in order to cover the cost of processing the request.  Of this amount, $60 is used as a deposit for the public hearing sign to be posted on the subject property.  This amount is refunded when the sign is returned.  The remaining fees are used for the cost of processing the petition and public hearing expenses.

The Approval Process for a Rezoning Request:

Upon receipt of the application and all necessary documentation, the Office Coordinator will schedule a public hearing date for the petition to be heard by the Plan Commission.

1. Notice of Public Hearing - Notice of the public hearing must be published in the local newspaper no less than fifteen (15) days before the hearing.  The property for which a rezoning is being requested must be posted with a sign for a minimum of fifteen (15) days prior to the hearing date.  This sign will be posted by the Public Works department.

2. Affidavit of Compliance -  Petitioner must provide written notice as required under Section 19.13.050.  An Affidavit of Compliance certifying this requirement has been fulfilled must be in the docket file prior to the hearing.

3. Public Hearing Procedures: On the scheduled hearing date, the petitioner will bring his request for a rezoning, addressing each of the previously mentioned standards, before the Plan Commission.  The Plan Commission then forwards its findings of fact and recommendation to the Board of Trustees for final action.

The minimum time necessary to process a rezoning request will be 60 to 90 days from receipt of all necessary documentation until final action of the Village Board.  Copies of the Wheeling Zoning code are available at the Village Hall or the Community Development Department.

For further information, contact the Community Development Department at (847) 459-2620.