The administration and enforcement of this title is vested in the following offices of the village:

   The enforcing officer 1

   The zoning board of appeals 2

The officers shall abide by the procedure and substantive standards set forth in this chapter for the following administrative functions:

   Issuance of zoning certificates

   Issuance of compliance certificates

   Variations

   Appeals

   Amendments

   Special uses

   Fees

   Penalties (Ord. 84-35, 10-22-1984)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the village unless the application for such permit has been examined by the enforcing officer and has affixed to it a certificate of the enforcing officer indicating that the proposed building or structure complies with all of the provisions of this title. Any permit or certificate of compliance issued in conflict with the provisions of this title shall be null and void.

Every application for a building permit shall be accompanied by:

   (A)   A plat in triplicate of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a land surveyor or civil engineer licensed by the state of Illinois as a true copy of the piece or parcel, lot, lots, block or blocks or portions thereof, according to the registered or recorded plat of such land; and

   (B)   A statement showing the name of the owner and applicant, the legal description of the property, a statement and description of the uses to be established or expanded and a plat in triplicate drawn to scale in such form as may from time to time be prescribed by the enforcing officer showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines and such other information as may be required by the enforcing officer for the proper enforcement of this title.

One copy of each of the two (2) plats shall be attached to the application for a building permit when it is submitted to the enforcing officer for a zoning certificate and shall be retained by him as a public record.

The enforcing officer shall issue a written permit or a denial thereof with reasons in writing, within fifteen (15) days from the date of the acceptance of the application. In the event the permit or denial thereof is not issued within fifteen (15) days, the applicant may appeal directly to the zoning board of appeals, which shall order the issuance of the permit or the denial thereof with reasons in writing.

Except where an extension has been obtained in writing from the enforcing officer, permits heretofore and hereafter issued shall expire within ninety (90) days if a substantial beginning has not been made in the construction or establishment of the use applied for and within one year, if not completed. All fees shall be as established by resolution of the board of trustees. (Ord. 63-1, 4-1-1963)

No building, or addition thereto, constructed after the effective date hereof, and no addition to a previously existing building shall be occupied, and no land vacant on the effective date hereof shall be used for any purpose, until a certificate of compliance has been issued by the enforcing officer. No change in a use other than that of a permitted use shall be made until a certificate of compliance has been issued by the enforcing officer. Every certificate of compliance shall state that the use or occupancy complies with all the provisions of this title.

   (A)   Application For Compliance Certificate: Every application for a building permit shall be deemed to be an application for a compliance certificate. Every application for a compliance certificate for a new use of land where no building permit is required shall be made directly to the enforcing officer.

   (B)   Issuance Of Compliance Certificate: No compliance certificate for a building or addition thereto constructed after the effective date hereof shall be issued until construction has been completed and the premises inspected and certified by the enforcing officer to be in conformity with the plans and specifications upon which the building permit was based. No compliance certificate for a building or addition thereto, constructed after the effective date hereof shall be issued and no addition to a previously existing building shall be occupied until the premises has been inspected and certified by the enforcing officer to be in compliance with all the applicable performance standards of the zoning district in which it is located and all violations of this code have been resolved and all fines and penalties assessed against the owner or the property under any of the provisions of this code have been paid in full. Pending the issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises.

A compliance certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen (14) days after the enforcing officer is notified in writing that the building or premises is ready for occupancy.

   (C)   Penalty: Any person who occupies or uses a building or structure without the issuance of a certificate of compliance shall be liable for a fine of not more than seven hundred fifty dollars ($750.00). Each day such violation continues shall be deemed a separate offense. (Ord. 13-09, 6-24-2013)

   (A)   Purpose: The zoning board of appeals, after a public hearing, may determine and vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the board makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title, relating to the use, construction or alteration of buildings or structures or the use of each portion of land.

   (B)   Application For Variation And Notice Of Hearing: An application for a variation shall be made by the owner of the subject property, or if by another person having an interest therein, with the written concurrence of the owner of the subject property. An application for a variation shall be filed in writing with the enforcing officer. The application shall contain such information as the zoning board of appeals may from time to time, by rule, require. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the board, by rule, may require.

   (C)   Standards For Variations: The zoning board of appeals shall not vary the regulations of this title, as authorized in subsection (A) of this section, unless it shall make findings based upon the evidence presented to it in each specific case that:

      1.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district for which it is zoned; and

      2.   The plight of the owner is due to unique circumstances; and

      3.   The variation, if granted, will not alter the essential character of the locality.

The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection (C) to reduce or minimize the effect of such variation upon other property in the neighborhood, and to better carry out the general intent of this title. If the petitioner is in violation of any provision of this code or is subject to any fines or penalties imposed under any provision of this code, the zoning board of appeals may condition the granting of any variation upon the petitioner first correcting or curing any such violation or paying any such fines or penalties.

   (D)   Authorized Variations: Variations from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in subsection (C) of this section, and may be granted only in the following instances and in no others:

      1.   To permit any yard or setback less than the yard or setback required by the applicable regulations.

      2.   To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width.

      3.   To permit the same off street parking facility to qualify as required facilities for two (2) or more uses provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

      4.   To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space or twenty percent (20%) of the applicable regulations, whichever number is greater.

      5.   To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served.

      7.   To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations.

      8.   To exceed any of the authorized variations allowed under this subsection, when a lot of record or a zoning lot, vacant or legally used on April 1, 1963, is, by reason of the exercise of the right of eminent domain by an authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

      9.   To permit increases in the height of fences and walls permitted as obstructions in required yards.

      10.   To permit the location of a satellite antenna, private, on a lot or lots where it would otherwise be prohibited solely because of insufficient screening, but in no event shall the requirement for screening be waived along the front yard line.

The concurring vote of five (5) members of the zoning board of appeals shall be necessary to grant a variation. No order of the zoning board of appeals granting a variation shall be valid for a period longer than six (6) months from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The zoning board of appeals may, upon application made within said six (6) months, for good cause, extend said time an additional six (6) months; provided, that said time limit shall not apply and there shall be no fixed time limit in cases where the variation granted is a variation as to the area or width of a lot or lots granted under subsection (D)2 of this section, if a plat containing the lot or lots in question, utilizing the said area or width variation as granted, and conforming to law, including the Barrington Hills subdivision ordinance (if applicable), shall be recorded in the office of the recorder of deeds or (if applicable) registered in the office of the registrar of titles, within two (2) years of the date of the order of the zoning board of appeals granting said variation. (Ord. 13-09, 6-24-2013; amd. Ord. 20-07, 3-24-2020)

   (A)   Scope Of Appeal: An appeal may be taken to the zoning board of appeals by any person aggrieved by a decision of the enforcing officer made pursuant to this title or by any officer, department, board or bureau of the village in respect of this title. Such appeal shall be taken within forty five (45) days of the action complained of, by filing with the enforcing officer a notice of appeal specifying the grounds thereof. The enforcing officer shall forthwith transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken. (Ord. 89-18, 12-18-1989)

   (B)   Findings On Appeals: An appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcing officer certifies to the zoning board of appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application on notice to the enforcing officer and on due cause shown.

The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay. The board may affirm or may, upon the concurring vote of five (5) members, reverse, wholly or in part, or modify the order, requirement, decision or determination, as in its opinion ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken.

The enforcing officer shall maintain complete records of all actions of the board relative to appeals. (Ord. 63-1, 4-1-1963)

   (A)   Authority: For the purposes of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the village, and lessening or avoiding congestion in the public roads and highways, the president and the board of trustees of the village may, from time to time, in the manner hereinafter set forth, amend the regulations imposed and the districts created by this title; provided, that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire Village, and the uses to which property is devoted at the time of the effective date hereof. (Ord. 63-1, 4-1-63)

   (B)   Initiation of Amendment: Amendments may be proposed by a Trustee, the Zoning Board of Appeals, the Enforcing Officer or by any person owning or having an interest in the subject property. (Ord. 77-1 7, 9-26-77)

   (C)   Application for Amendment: An application for an amendment shall be filed with the Enforcing Officer, in such form and accompanied by such information as required by the Zoning Board of Appeals.

   (D)   Hearing on Application: The Zoning Board of Appeals shall hold a public hearing on each application for an amendment at such time and place within the Village as shall be established by the Zoning Board of Appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Zoning Board of Appeals shall, by rule, prescribe from time to time. (Ord. 63-1, 4-1-63)

   (E)   Notice of Public Hearing:

      1.   Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Village not more than thirty (30) nor less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Zoning Board of appeals may, by rule, prescribe from time to time. (Ord. 63-1, 4-1-63; amd. 1977 Code)

      2.   Where the amendment is initiated by a Trustee, the Zoning Board of Appeals, or the Enforcing Officer, and proposes a change of district classification of a particular property, a true copy of the application or of the Board's order shall be served upon the owner or owners of record in person or by certified United States mail within ten (10) days after the filing of the application or the entry of the Board order initiating the proceeding. Where the application is filed by a person having an interest in the subject property, a notice and copy of the application shall be served in like manner upon each of the other co-owners or those having an interest. The foregoing notice and service requirements shall be in addition to the publishing requirements of this subsection. (Ord. 63-1, 4-1-63; amd. Ord. 77-17, 9-26-77)

   (F)   Findings of Fact and Recommendations of the Zoning Board of Appeals: Within a reasonable time after the close of the hearing on a proposed amendment, the Zoning Board of Appeals shall make written findings of fact and shall submit same together with its recommendation to the Board of Trustees of the Village. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

      1.   Existing uses of property within the general area of the property in question.

      2.   The zoning classification of property within the general area of the property in question.

      3.   The suitability of the property in question for the uses permitted under the existing zoning classification.

      4.   The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph the R1 District shall be considered the highest classification and the Light Industrial District shall be considered the lowest classification.

   (G)   Action by the Board of Trustees:

      1.   The Board of Trustees of the Village shall not act upon a proposed amendment to this Title until it shall have received a written report and recommendation from the Zoning Board of Appeals on the proposed amendment.

      2.   In cases where the Zoning Board of Appeals recommends that a proposed amendment not be adopted or in case of written protest against any proposed amendment signed and acknowledged by the owners of twenty percent (20%) of the property proposed to be altered or by the owners of twenty percent (20%) of the property adjacent to the property proposed to be altered, and filed with the Clerk of the Village, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the Board of Trustees.

      3.   If an application for a proposed amendment is not acted upon finally by the Board of Trustees of the Village within sixty (60) days of the time of receipt of the Zoning Board of Appeals' recommendations, it shall be deemed to have been denied.

   (H)   Minimum Size of Parcel: A lot, lots or parcel of land shall not qualify for a zoning amendment unless it possesses a minimum of one hundred fifty feet (150') of frontage and contains a minimum of forty thousand (40,000) square feet of area, or adjoins a lot, lots or parcel of land which bears the same zoning district classification as the proposed zoning amendment.

   (A)   Purpose: The development and execution of a zoning ordinance is based upon the division of the Village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public or private need for the particular use at the particular location. Such special uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest.

      2.   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 63-1, 4-1-63)

   (B)   Initiation of Special Use: An application for a special use may be made by the owner of the subject property, or by another person having an interest therein with the written concurrence of the owner thereof, to use said property for one or more of the special uses provided for in this Zoning Title in the zoning district in which the land is situated. (Ord. 72-3, 3-27-72)

   (C)   Application for Special Use: An application for a special use shall be filed in writing with the Enforcing Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before the hearing in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Board, by rule, may require. (Ord. 77-17, 9-26-77)

   (D)   Authorization: For each application for a special use the Zoning Board of Appeals shall report to the Board of Trustees of the Village its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

The Board of Trustees may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the property adjacent to the property proposed for a special use, and filed with the Village Clerk, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all the members of the Board of Trustees.

   (E)   Standards: No special use shall be recommended by the Zoning Board of Appeals unless said Board shall find:

      1.   That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

      2.   That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

      3.   That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      4.   That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

      5.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets and roads.

      6.   That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendation of the zoning board of appeals.

   (F)   Conditions And Guaranties: Prior to the granting of any special use, the zoning board of appeals may recommend, and the board of trustees shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection (E) of this section. In all cases in which special uses are granted, the board of trustees shall require such evidence and guaranties as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

   (G)   Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the zoning board of appeals and the board of trustees. (Ord. 63-1, 4-1-1963)

   (H)   Revocation: In any case where a special use has not been established within six (6) months after the date of granting thereof, then without further action by the zoning board of appeals or the board of trustees, the special use authorization shall be null and void. The zoning board of appeals may, upon application filed within said six (6) months, and for good cause, extend said time an additional six (6) months. (Ord. 77-17, 9-26-1977)

   (I)   Special Uses On Historical Sites: An applicant may request as a unique historical use any permitted and/or special use allowed in any zoning district to be allowed in any other zoning district, subject to compliance with the following conditions:

      1.   Proof that the subject property or the improvements thereon are of historic value or significance and that preservation of the same will be enhanced, maintained or assisted by permitting the unique use as proposed.

      2.   Proof that permitting the unique use will be of some affirmative benefit, from a land use or preservation standpoint, to the subject property, the surrounding properties and neighborhood, and the village.

      3.   The application shall have the burden of presenting clear and convincing proof that the unique use is justified and proper. (Ord. 79-5, 2-26-1979)

Any application for an amendment, appeal, special use or variation shall be accompanied by a fee. The fee shall be established by resolution of the board of trustees. All fees shall be paid to the village clerk. There shall be no such fee, however, in the case of applications filed in the public interest by members of the zoning board of appeals, board of trustees or the enforcing officer. (Ord. 06-11, 6-26-2006)

Any person or agents, employees or contractors of such person, who shall violate, disobey, omit, neglect or refuse to comply with, or who shall resist enforcement of any provisions of the zoning regulations of the village shall be subject to the penalty provisions under section 1-4-1 of this code. Each day a violation continues shall constitute a separate offense. (Ord. 63-1, 4-1-1963; amd. 1977 Code)