(A)   In their interpretation and application, the provisions of this zoning title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   (B)   Where the conditions imposed by any provision of this zoning title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

   (C)   This zoning title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this title shall govern.

   (D)   No building, structure or use which was not lawfully existing at the time of the effective date hereof shall become or be made lawful solely by reason of the adoption of these zoning regulations; and to the extent that, and in any manner that, said lawful building, structure, or use is in conflict with the requirements of this title, said building, structure or use remains unlawful hereunder.

   (E)   Nothing contained in this zoning title shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.

   (F)   The provisions in this zoning title are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this zoning title. (Ord. 63-1, 4-1-1963; amd. Ord. 84-34, 10-22-1984)

   (G)   Authorization of a structure or use under or pursuant to this title shall not relieve an owner or permittee from responsibility, or result in imposition of responsibility on the village, its officers or agents, for any condition or damage resulting from reliance on this title or any administrative decision lawfully made thereunder. (Ord. 75-1, 1-27-1975)

It is hereby declared to be the intention of the president and board of trustees of the village that the several provisions of this title are separable, in accordance with the following:

   (A)   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.

   (B)   If any court of competent jurisdiction shall adjudge invalid the application or any provision of this title to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord. 63-1, 4-1-1963)

   (A)   All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this zoning title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   (B)   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of compliance by the use for which originally designated, subject thereafter to the provisions of chapter 9, "Nonconforming Buildings, Structures, Uses", of this title.

   (C)   Where the enforcing officer has issued a permissive use permit, a special use permit or a permit for a variation pursuant to the provisions of this zoning title, such permit shall become null and void unless work thereon is substantially under way within six (6) months of the date of the issuance of such permit by the enforcing officer.

   (D)   A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six (6) months for any reason.

   (E)   No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in a business or the light industrial district, or used for any purpose not permitted in a residence district. (Ord. 63-1, 4-1-1963)

   (F)   No building permit, as required by the ordinance codified herein, shall be issued for any building to be constructed on any tract, parcel, or lot that is not in compliance with 765 Illinois Compiled Statutes and village subdivision regulations and other applicable ordinances except on a lot of record, as defined herein. Parcels exempt from the requirements of 765 Illinois Compiled Statutes and village subdivision regulations 1 shall not be deemed to be in compliance with other requirements of this code.

   (G)   Non-commercial Event Facility: The intent of this subsection is to protect the public health and safety of citizens of the village and to promote the general welfare of the citizens residing in the village by encouraging the use of properties within the village for use as defined in section 5-5-3(A), provided that such use does not violate the peace, quiet and domestic tranquility within all residential neighborhoods within the village including, but not limited to, guaranteeing to all citizens residing in the village freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible adverse effects of operating a non-commercial event facility in residential districts.

      1.   Authorization: Subject to the limitations of this subsection, any non-commercial event facility shall be permitted as a special use in the R-1 zoning district under subsection 5-5-3(A) of this title and in accordance with the requirements of 5-10-7 of this title. Any special use permit issued for a non-commercial event facility shall be issued to the owner of the property at the time an application is approved and shall not run with the land. Any change in ownership, including the change of a majority of members of any trust, LLC or other corporate ownership (as defined at the time of approval), shall require the new owners to apply for a new special use.

      2.   Definition: Non-commercial event facility as accessory only to single-family detached dwellings, which are owner occupied. In no event shall any stand-alone structure housing a non-commercial event facility be larger in floor area than the existing single-family dwelling on site. Such use allows the use of permanent structures or facilities to accommodate events, parties, art or cultural exhibitions, lectures, conferences, theatrical productions, or other scheduled and periodically held private non-commercial events. Non-commercial event facility does not limit the use of property for events held strictly for the benefit of the owner of the property (e.g., family wedding, birthday, etc.).

      3.   Standards:

         a.   Minimum lot area of 20 acres (may be one or more parcels under single ownership). If ownership of any parcel included in the special use is transferred, the special use shall cease to be valid. Ownership information and contact information for the property shall be submitted annually with the site security and traffic management plan (5-3-4(G)3.d.(1))

         b.   Road Frontage: At least one of the lots used for a non-commercial event facility (in the event more than one lot is used) shall front and have direct access to a public roadway.

         c.   Setbacks:

            (1)   Minimum three hundred foot (300') setback from public right-of-way to any buildings or structures used as a non-commercial event facility.

            (2)   Minimum three hundred foot (300') setback from front, side or rear lot line to buildings or structures used as a non-commercial event facility.

         d.   Number Of Attendees:

            (1)   No events exceeding fifty (50) participants may be conducted at a non-commercial event facility unless conducted in accordance with a site security and a traffic management plan previously filed and approved by the Chief of Police of the Village of Barrington Hills. One plan for all events to exceed fifty (50) participants may be submitted on an annual basis, which plan shall govern all such events held in the year of plan approval. Any change to an approved site security and traffic management plan must be submitted for approval by the Chief of Police of the Village of Barrington Hills and the Director of Fire Prevention or Fire Marshal. Cost of the village's annual review and approval or for the review of a prior approved plan shall be one hundred dollars ($100.00), in addition to any annual fee to be set by the Director of Fire Prevention or Fire Marshal. The plan shall be submitted annually for approval prior to January 1 to stay in good standing.

            (2)   No activities in a non-commercial event facility exceeding sixty (60) attendees may be conducted:

               A.   More than twenty (20) times in any one calendar year, limited to two (2) events on alternating weeks each month; nor

               B.   Sunday through Thursday except between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M., and in such instance, all non-residents of the property must vacate the premises no later than eleven o'clock (11:00) P.M.; nor

               C.   Friday and Saturday except between the hours of eight o'clock (8:00) A.M. and eleven o'clock (11:00) P.M., and in such instance, all non-residents of the property must vacate the premises no later than twelve o'clock (12:00) A.M.

         e.   Occupancy Limits: The Director of Fire Prevention or Fire Marshal with jurisdiction shall recommend a maximum occupancy based on the specific buildings and property to be used as a non-commercial event facility, but in no case shall the occupancy of the property with a non-commercial event facility exceed three hundred fifty (350) persons.

         f.   Kitchen Facilities: No kitchen for cooking of food for events held at a non-commercial event facility is permitted, with the exception of equipment for warming or holding of prepared food brought to the site to be consumed at that event.

         g.   Parking:

            (1)   No stacking or parking for any event at a non-commercial event facility shall be permitted on any public roadway.

            (2)    On-site parking or remote parking with a shuttle bus shall be provided to accommodate the maximum number of individuals attending any one event. Parking on the property is allowed on an unimproved surface.

            (3)   All parking shall be at the direction and supervision of the owner of the property or his/her designee and shall be conducted so as to prohibit the disruption of traffic on the adjacent roadway.

   (H)   Signage:

      1.   No permanent signs, other than those permitted within the R-1 zoning district shall be allowed.

      2.   Temporary on-site directional signage to direct traffic shall be permitted during the event.

   (I)   Refuse: All refuse generated by each use of the non-commercial event facility must be contained on-site and must be properly disposed of so as not to create a nuisance.

   (J)   Alcohol: No alcohol shall be permitted to be served during events at a non-commercial event facility unless it is served in accordance with State and local laws and ordinances.

   (K)   Gaming: No gaming or raffles shall be permitted to take place at a non-commercial event facility unless in accordance with State and local laws and ordinances and Title 3, Chapter 7 of this code.

   (L)   Fireworks: Any use of fireworks in conjunction with planned activities on the property shall comply with the village code.

   (M)   Additional Performance Standards:

      1.   Property to be used for a non-commercial event facility shall adhere to the zoning code lighting standards set forth in section 5-3-13. (Ord. 84-5, 3-26-1984; amd. Ord. 21-04, 4-26-2021)

   (A)   Agriculture: The provisions of this title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes may be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then, and only then, shall the provisions of this title apply. (Ord. 16-22, 12-7-2016)

   (B)   Public Utility: The following uses are permitted in any district:

      Cables.

      Conduits.

      Laterals.

      Pipelines.

      Poles.

      Towers.

      Vaults.

      Wires.

Any other similar distributing equipment of a public utility.

   (C)   Tents:

      1.   No tent shall be erected, used or maintained for living quarters.

      2.   The requirements for tents used for purposes other than residential shall be as specified in subsection 1-6-9(D)6 of this code. (Ord. 93-10, 9-27-1993)

   (D)   Home Occupation: The intent of this subsection is to provide peace, quiet and domestic tranquility within all residential neighborhoods within the village and in order to guarantee to all residents freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible effects of business or commercial uses being conducted in residential districts. It is further the intent of this subsection to regulate the operation of a home occupation so that the general public will be unaware of its existence. A home occupation shall be conducted in a manner which does not give an outward appearance nor manifest characteristics of a business which would infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent or character of the residential district.

      1.   Authorization: Subject to the limitations of this subsection, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any residential zoning district.

      2.   Definition: A "home occupation" is any lawful business, profession, occupation or trade conducted from a principal building or an accessory building in a residential district that:

         a.   Is conducted for gain or support by a full time occupant of a dwelling unit; and

         b.   Is incidental and secondary to the principal use of such dwelling unit for residential occupancy purposes; and

         c.   Does not change the essential residential character of such dwelling unit or the surrounding neighborhood.

      3.   Use Limitations:

         a.   Employee Limitations:

            (1)   The owner of every home occupation shall be a person that is a full time occupant of the dwelling unit where such occupation is conducted.

            (2)   No more than two (2) employees or subcontractors, other than the full time occupants of a dwelling unit shall be engaged or employed in connection with, or otherwise participate in the operation of, a home occupation at any one time. This limitation on the number of employees or subcontractors shall not apply to employees or subcontractors who are not present and do not work at the dwelling unit devoted to such home occupation.

         b.   Structural Limitations:

            (1)   No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.

            (2)   No separate entrance from the outside of the building where the home occupation is located shall be added to such building for the sole use of the home occupation.

         c.   Operational Limitations:

            (1)   Every home occupation shall be conducted wholly within either: a) a principal building or b) an accessory building, but not both.

            (2)   The floor area ratio (FAR) of the area of the building used for any such home occupation shall not exceed 0.01 (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation).

            (3)   There shall be no direct retail sales of merchandise, other than by personal invitation or appointment, nor any permanent display shelves or racks for the display of merchandise to be sold in connection with the home occupation, with the exception of any barn, stable, or arena.

            (4)   No routine attendance of patients, clients, customers, subcontractors, or employees (except employees and subcontractors as provided in subsection (D)3a(2) of this section) associated with any home occupation shall be permitted at the premises of the home occupation, provided, however, that the attendance of up to four (4) persons at any one time may be allowed for the purpose of receiving private instruction in any subject of skill. "Routine attendance" means that the conduct of the home occupation requires persons, other than the owner or permitted employees and subcontractors, to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency, or duration of such visits.

            (5)   No vehicle or mechanical, electrical, or other equipment, that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the principal building or accessory building containing the home occupation that is greater or more frequent than that typical of vehicles or equipment used in connection with residential occupancy shall be used in connection with any home occupation.

            (6)   All storage of goods, materials, products or merchandise used or sold in conjunction with a home occupation shall be wholly within the principal building or accessory building containing the home occupation.

            (7)   No refuse in excess of the amount permitted under section 5-3-9 of this chapter shall be generated by any home occupation.

         d.   Signage And Visibility:

            (1)   No exterior business signs on a principal building, accessory building or vehicle used in connection with the home occupation, shall be permitted in connection with any home occupation unless otherwise permitted under section 5-5-11 of this title.

            (2)   There shall be no exterior indications of the home occupation or exterior variations from the residential character of the principal building or accessory building containing the home occupation.

         e.   Traffic Limitations: No home occupation shall generate significantly greater vehicular or pedestrian traffic than is typical of residences in the surrounding neighborhood of the home occupation.

         f.   Nuisance Causing Activities: In addition to the foregoing specific limitations, no home occupation shall cause or create any act, which endangers public health or results in annoyance or discomfort to the public, said act being defined as a nuisance under title 7, chapter 1 of this code.

         g.   Boarding And Training Of Horses: Notwithstanding anything to the contrary contained in this subsection (D), the boarding of horses in a stable and the training of horses and their riders shall be a permitted home occupation; provided, that no persons engaged to facilitate such boarding, other than the immediate family residing on the premises, shall be permitted to carry out their functions except between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. or sunset, whichever is later, and further provided that no vehicles or machinery, other than that belonging to the immediate family residing on the premises shall be permitted to be operated on the premises except during the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. or sunset, whichever is later. (Ord. 16-22, 12-7-2016)

   (E)   Animal Rescue Shelters: The intent of this subsection is to protect the public health and safety of citizens of the village and to promote the general welfare of the citizens and animals residing in the village by encouraging the compassionate housing and care of domestic animals, including, but not limited to, such domestic animals as dogs, cats and horses, that otherwise would not have adequate shelter, provided that such housing and care does not violate the peace, quiet and domestic tranquility within all residential neighborhoods within the village including, but not limited to, guaranteeing to all citizens residing in the village freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible effects of operating an animal rescue shelter in residential districts.

      1.   Authorization: Subject to the limitations of this subsection, any animal rescue shelter shall be permitted as a special use in the R1 zoning district under subsection 5-5-3(A) of this title.

      2.   Definition: An "animal rescue shelter" is a facility operated and maintained from a principal building or accessory building that is incidental and secondary to the principal use of a dwelling unit used for residential occupancy purposes and that does not change the essential residential character of such dwelling unit or the surrounding neighborhood, for the purpose of providing for and promoting the welfare, protection and humane treatment of domestic animals, including, but not limited to, dogs, cats and horses, that otherwise would not have adequate shelter.

      3.   Standards: Any animal rescue shelter shall adhere to the following standards and shall comply with all applicable federal, state, county and municipal laws, ordinances, rules and regulations:

         a.   Construction And Maintenance: All facilities shall be constructed and maintained so as to provide comfort and safety for animals and all areas of the property shall be maintained in a clean and orderly condition, free of objectionable odors.

         b.   Ventilation: Adequate heating and cooling shall be provided for the comfort of the animals and the facility shall have sufficient ventilation in all areas such that the air is completely circulated at least three (3) times per hour.

         c.   Lighting: Proper lighting shall be provided in all rooms utilized for the care and confinement of animals. Outside lighting shall be adequate to assist animal caregivers and clients but shall not be obtrusive to neighboring properties.

         d.   Water: Potable water shall be available within the facility and each animal shall at all times have reasonable access to an adequate supply of clean, fresh, potable water.

         e.   Basic Sanitation: Any equipment, instruments or facilities used in the confinement and treatment of animals shall be clean and sanitary at all times to protect against the spread of diseases, parasites and infection.

         f.   Waste Disposal: Covered waste containers, impermeable by water, shall be used for the removal and disposal of animal and food wastes, bedding, animal tissues, debris and other waste. Disposal facilities shall be operated so as to minimize insect or other vermin infestation and to prevent odor and disease hazards or other nuisance conditions.

         g.   Animal Housing Areas: Any facility confining animals shall have individual cages, pens, exercise areas or stalls to confine said animals in a comfortable, sanitary and safe manner.

         h.   Medical Care: All animals housed within an animal rescue shelter shall receive adequate veterinary care by a veterinarian licensed under the veterinary medicine and surgery practice act of 2004, as amended, in order to promote the health and welfare of such animal.

         i.   Runs And Exercise Areas: Other than transport to and from the animal rescue shelter, at all times that animals are not confined within the sheltered portion of the facility, such animals shall be confined to runs and exercise areas. All runs and exercise areas shall be set back not less than one hundred feet (100') from all front, side and rear lot lines and shall be of adequate size to allow comfort and exercise. Runs and exercise areas shall provide and allow for effective separation in such a manner as to protect against escape or injury. Each animal shall at suitable intervals, but not less frequently than once every twenty four (24) hours, receive adequate exercise suitable for the species' physical condition and age, sufficient to maintain an adequate level of physical conditioning for the animal.

         j.   Disposal Of Deceased Animals: The facility shall use refrigeration and employ a procedure for the prompt, sanitary and safe disposal of deceased animals that complies with all applicable state and municipal laws, ordinances and regulations.

         k.   Vehicles And Equipment: No vehicle or mechanical, electrical, or other equipment, that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the principal building or accessory building containing the animal rescue shelter that is greater or more frequent than that typical of vehicles or equipment used in connection with residential occupancy shall be used in connection with any animal rescue shelter.

         l.   Storage: All storage of goods, materials, products or merchandise incidental to the care and adoption of animals that is used or sold in conjunction with an animal rescue shelter shall be wholly within the principal building or accessory building containing the animal rescue shelter.

         m.   Nutrition: Each animal shall at suitable intervals, but not less frequently than once every twenty four (24) hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal.

         n.   Number Of Animals: There shall be no more animals housed within an animal rescue shelter at any one time than is reasonable for the adequate and proper care of all animals within said shelter.

      4.   Employee Limitations: The owner of an animal rescue facility shall be a person or an entity controlled by a person that is a full time occupant of the dwelling unit where such facility is operated. No more than four (4) employees or volunteers, other than the full time occupants of a dwelling unit shall be present at the facility or otherwise participate in the operation of an animal rescue shelter at any one time.

      5.   Signage And Visibility: No exterior business signs on a principal building, accessory building or vehicle used in connection with the animal rescue shelter, shall be permitted in connection with any animal rescue shelter unless otherwise permitted under section 5-5-11 of this title.

      6.   Traffic Limitations: No animal rescue shelter shall generate significantly greater vehicular or pedestrian traffic than is typical of residences in the surrounding neighborhood of the animal rescue shelter.

      7.   Nuisance Causing Activities: It is unlawful for any person operating an animal rescue shelter to allow or permit any animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisy conduct, which shall annoy, injure or endanger safety, health, comfort or repose of others. An animal is harbored in violation of this subsection if, without provocation, it makes noise that can be heard continuously within an enclosed structure off the property of the animal rescue shelter for more than fifteen (15) minutes and which annoys, injures or endangers the safety, health, comfort or repose of others. In addition to the foregoing specific limitations, no animal rescue shelter shall cause or create any act, which endangers public health or results in annoyance or discomfort to the public, said act being defined as a nuisance under title 7, chapter 1 of this code.

      8.   Inspections: In addition to any required inspections by applicable federal, state or county governmental agencies, all animal rescue shelters shall be subject to annual inspections conducted by the village, at the sole cost and expense of the owner and/or operator of such animal rescue shelter.

      9.   Licenses: No person shall engage in the operation of an animal rescue shelter without a valid license issued by: a) the Illinois department of agriculture and b) the village pursuant to the issuance of a special use permit in accordance with the provisions of section 5-10-7 of this title.

Regardless of other provisions of this title, in all classifications and in all districts there shall always be sufficient ground area left unoccupied by a structure or paving for a proper system of sewage disposal and water supply conforming with the standards and requirements of the village building code 1 and other applicable requirements of the county in which the land in question is situated or of the state of Illinois. Plot plans accompanying building permit applications shall show clearly the proposed sewage disposal system and well locations, if any. (Ord. 63-1, 4-1-1963; amd. 1977 Code)

Any additions to the incorporated area of the village shall be automatically classified as R1 single-family residence district until otherwise reclassified by amendment. Any land, when classification is not shown thereon, shall be classified as in the R1 single-family residence district, until otherwise reclassified by amendment. (Ord. 63-1, 4-1-1963)

Not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 63-1, 4-1-1963)

   (A)   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (Ord. 63-1, 4-1-1963)

   (B)   Reserved. (Ord. 09-05, 5-18-2009)

   (C)   Reserved. (Ord. 88-16, 9-26-1988)

   (D)   Satellite Antenna, Private: The size and location of any such antenna shall comply with all of the following requirements in order to be a conforming accessory structure:

      1.   Size: No antenna shall exceed an overall diameter of twelve feet (12') or an overall height of fifteen feet (15') above existing grade.

      2.   Ground Mounted: The antenna shall be permanently ground mounted. No antenna shall be installed on a portable or movable structure, such as a trailer.

      3.   Screening: The antenna shall be totally screened, for its entire height, from view at ground level from any adjacent lot or street, public or private. Screening shall be provided by any one or more of the following: the dwelling on the lot where such antenna is located; garages, storage buildings, or other accessory buildings which meet all provisions of this title; or landscaping and plantings which provide year round screening.

      4.   Construction: All provisions of the building code, title 4 of this code, as may pertain to satellite antennas, shall be met. (Ord. 84-17, 7-23-1984)

   (A)   Continued Conformity With Bulk Regulations: The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other zoning lot.

   (B)   Division Of Zoning Lots: No improved zoning lot shall hereafter be divided into two (2) or more lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which such zoning lot is located. (Ord. 09-05, 5-18-2009)

   (C)   Location Of Required Open Space: All yards and other open spaces allocated to a building shall be located on the same zoning lot as such building.

   (D)   Required Yards, Existing Buildings: No yards, now or hereafter provided for a building existing on the effective date hereof, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction. (Ord. 63-1, 4-1-1963)

   (E)   Setback From Watercourses: If the base flood elevation, as defined in section 4-5-2 of this code, is interior to one or more lot lines, the base flood elevation shall serve as the beginning point for measurement of the minimum yard requirements as provided in accordance with the regulations of this title. Upon an application made by the owner of the subject property as further provided herein, the setback from a watercourse may be less than the applicable yard requirement if unobstructed open space is guaranteed in a conservation easement, restrictive covenant, or other perpetual agreement recommended by the plan commission and after a public hearing, approved by the board of trustees based on an affirmative finding that the guarantee of open space: 1) provides equal or greater protection for the natural resources of the area, and 2) preserves the quality of light, air, and views of the subject property and other property in the locality, and 3) the reduction in the setback will not otherwise have an adverse impact on the watercourse or the drainage from the subject property or onto other properties in the locality. An application for relief from the setback requirements shall be made by the owner of the subject property, or if by another person having interest therein, with the written concurrence of the owner of the subject property. An application for relief shall be filed in writing with the enforcing officer. The application shall contain such information as the plan commission may, from time to time, by rule, require. Notice of the time and place of the public hearing shall contain such information as the plan commission may, from time to time, by rule, require. Notice of the time and place of the public hearing shall be published at least once, not less than fifteen (15) days’ prior written notice of the time and place of the public hearing by certified mail, return receipt requested, to all owners of property within two hundred fifty feet (250') (not including street rights of way) of the boundary of the subject property. (Ord. 03-04, 2-24-2003)

   (F)   Permitted Obstructions In Required Yards: The following shall not be considered to be obstructions when located in the required yards specified:

      1.   In All Yards: Open terraces but not including a permanently roofed over terrace or porch; awnings and canopies; steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting eighteen inches (18") or less into the yard; recreational and laundry drying equipment; arbors and trellises; flagpoles; fences, walls and manmade berms not exceeding six feet (6') in height above natural grade level; and open type fence exceeding six feet (6') in height, but not more than eight feet (8') in height, provided that visibility at right angles to any surface of such fence not be reduced by more than fifty percent (50%); and containers of one cubic yard or larger in which refuse, manure or similar substances are placed but only on the day preceding, the day of, and the day after scheduled pick up or collection of the contents of the container, provided that if the container is three (3) cubic yards or larger, then the container may remain in the required yard at all times if the container is screened, for its entire height, from the view of any adjacent lot and any public or private street and right of way.

      2.   In Front Yards: One-story bay windows projecting three feet (3') or less into the yard; overhanging eaves and gutters projecting three feet (3') or less into the yard.

      3.   In Rear Yards: Open off street parking spaces; balconies; breezeways and open porches; one-story bay windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the yard.

      4.   In Side Yards: Overhanging eaves and gutters projecting eighteen inches (18") or less into the yard. (Ord. 63-1, 4-1-1963; amd. Ord. 77-17, 9-26-1977; Ord. 83-11, 10-24-1983; Ord. 98-1, 3-30-1998; Ord. 21-21, 12-16-2021; Ord.24-10, 9-23-2024)

   (A)   Scope Of Regulations: The off street parking and loading provisions of this zoning title shall apply as follows:

      1.   For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amount required for issuance of said building permit may be provided in lieu of any different amounts required by this zoning title.

      2.   When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking or loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date hereof, in which event, parking or loading facilities as required herein shall be provided for the total increase; provided, however, that in the case of the expansion or alteration of residential buildings, required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of the building.

      3.   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this title.

   (B)   Existing Parking Facilities: Accessory off street parking facilities in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this title.

   (C)   Permissive Parking And Loading Facilities: Nothing in this title shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings; provided, that all regulations herein governing the location, design and operation of such facilities are adhered to.

   (D)   Damage Or Destruction: For any conforming or legally nonconforming building or use which is in existence on the effective date hereof, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this zoning title for equivalent new uses or construction.

   (E)   Control Of Off Site Parking Facilities: In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either deed or long term lease, the term of such lease to be determined by the zoning board of appeals. The owner of the land on which the parking facilities are to be located shall be bound by covenant filed on the record in the office of the recorder of deeds or the registrar of titles of that county or counties in which said land is situated, requiring such owner, his heirs and assigns, to maintain the required number of parking facilities for the duration of the use served or of the said lease, whichever shall terminate sooner.

   (F)   Submission Of Plot Plan: Any application for a building permit, or for a certificate of compliance where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this zoning title. (Ord. 63-1, 4-1-1963)

   (A)   Where a use is classified as a special use in the district in which it is zoned under this zoning title, and exists as a special or permitted use under the terms of any zoning ordinance effective immediately prior to the effective date hereof, it shall be considered to be a legal special use.

   (B)   Where a special use is not allowed as a special or permitted use in the district in which it is zoned under this zoning title, and exists as a special use under the terms of any zoning ordinance in effect immediately prior to the effective date hereof, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions set forth in chapter 9 of this title. (Ord. 63-1, 4-1-1963)

   (C)   No special use permit shall be granted for a private boathouse unless the size of the private boathouse complies with all of the following requirements: (Ord. 93-10, 9-27-1993)

      1.   Floor Area: No private boathouse shall exceed an overall floor area of three hundred (300) square feet, excluding the area of in-water boat slips. (Ord. 99-2, 3-22-1999)

      2.   Height: No private boathouse shall exceed an overall height of twenty feet (20') as measured by the vertical distance from the base flood elevation of the watercourse on which the boathouse is located or adjoins opposite the center of the front of the boathouse to the highest point on the boathouse. (Ord. 93-10, 9-27-1993)

      3.   Covered Area: No private boathouse shall have a permanent covered area exceeding six hundred (600) square feet. When calculating the covered area of a private boathouse, the covered area of the in water boat slips shall be included in the calculations. (Ord. 99-2, 3-22-1999)

   (A)   Special Use: Personal wireless service facilities are permitted special uses in any zoning district within the village, provided, however, no special use permit for personal wireless service facilities shall be granted unless such personal wireless service facilities comply with the provisions of this section.

   (B)   Purpose And Interpretation: The purpose of this section is to provide specific regulations for the placement, construction, maintenance, repair and modification of personal wireless service facilities. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless services, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this section are inconsistent with or conflict with any other provision of the zoning code, the provisions of this section shall be deemed to control.

   (C)   Definitions: For the purpose of this section, defined terms shall have the meanings ascribed to them in section 5-2-1 of this title and subsection (G) of this section.

   (D)   Facility Requirements And Preferences:

      1.   Existing Facilities Permitted: Any personal wireless service facility installed, operating or approved prior to the enactment of this section, which would be prohibited under this section, shall be considered a legal nonconforming use and/or a legal nonconforming structure, as the case may be, and shall be subject to the rules on nonconforming uses or structures provided in chapter 9 of this title.

Routine maintenance, including painting of and repairs to the facility, upkeep of the site, replacement of individual components of the facility with like kind components of substantially similar size and installation of previously approved antennas shall be permitted on existing personal wireless facilities.

All new construction other than routine maintenance of existing personal wireless facilities, shall comply with the provisions set forth in this section.

      2.   Site Selection Criteria: The site proposed by an applicant will be evaluated using the following criteria, which are not listed in order of priority:

         a.   Topography,

         b.   Availability of road access and parking for service vehicles and emergency response vehicles,

         c.   Provisions for and location of applicable utilities,

         d.   Existing screening and landscaping and potential opportunities for additional screening and landscaping,

         e.   Compatibility with adjacent land uses,

         f.   Estimated coverage area of facility from proposed site,

         g.   Availability of suitable existing structures on which the facility could be located, and

         h.   Location of facility on the proposed site.

      3.   Site Selection Preferences: The site proposed by an applicant will be evaluated in the light of the following preferences of the village for locating new personal wireless service facilities, which are listed in order of priority with the most preferred location first and the least preferred location last:

         a.   Place new antennas on existing antenna support structures,

         b.   Place new personal wireless service facilities on publicly owned property,

         c.   Place new personal wireless service facilities in business or industrial zoning districts,

         d.   Place new personal wireless service facilities in residential zoning districts, provided, however, no new facility shall be located in a residential zoning district unless the applicant shows that: 1) the new facility cannot be located on sites specified in subsections (D)3a through (D)3c of this section and 2) the proposed site has minimal visual impact.

      4.   Facility Design Criteria: All new proposed personal wireless service facilities shall be constructed in accordance with the following design criteria:

         a.   Constructed in accordance with the standards then in effect as promulgated by the Electronics Industry Association and all applicable building codes,

         b.   Constructed to permit collocation capability for multiple carriers/antennas,

         c.   No lights, signals or signs shall be permitted on the antenna or antenna support structure, unless required by applicable law, provided, however, this shall not be construed to prevent security lighting on the ground level equipment buildings,

         d.   All new personal wireless service facilities shall be fitted with anticlimbing devices,

         e.   The color of the antenna and antenna support structure shall match and shall blend into the surrounding environment to the greatest extent feasible, and

         f.   Ground level equipment buildings shall comply with the village building code and shall be adequately screened from view from adjacent properties, streets and roads.

      5.   Facility Design Preferences: All new proposed personal wireless service facilities will be evaluated in light of the following preferences of the village, which are listed in order of priority with the most preferred design first and the least preferred design last:

         a.   New antennas mounted on existing structures or existing personal wireless service facilities,

         b.   Multicarrier capable unipole style antenna support structures with antennas installed inside the support structures with direct mounted antennas,

         c.   Multicarrier capable monopole style antenna support structures with platform mounted antennas,

         d.   Multicarrier antenna support structure with the unipole style being most preferable.

   (E)   Special Use Application Requirements: In the course of reviewing any request for a special use permit required under this section, the zoning board of appeals or the village board of trustees, as the case may be, shall act within a reasonable period of time after the application is duly filed with the village, taking into account the nature and scope of the special use. Any decision to deny such an application shall be in writing and supported by substantial evidence contained in a written record.

      1.   Required Information: An applicant for a special use permit for personal wireless service facilities shall submit the following documentation and information:

         a.   A site plan clearly indicating the location of any ground structures, and the type (unipole, monopole, lattice, other) and height (measured from grade to highest point, excluding ground rods up to 10 feet long) of the proposed facility, number of proposed carriers that can be located on the antenna support structure, current on site land uses and zoning, current adjacent land uses and zoning, adjacent roadways, location of existing utilities, and proposed means of access, fencing, landscaping/screening and elevation drawings of the proposed facility.

         b.   A survey prepared by an Illinois licensed land surveyor within ninety (90) days of the application showing the location of the proposed facility and setbacks from property lines, provided, however, that a survey up to one year old is acceptable if accompanied by an affidavit of the site's fee title owner stating that there has been no change to the site since the date of the survey and the site plan provided pursuant to this subsection (E)1 clearly indicates the location of the proposed personal wireless service facility.

         c.   A copy of the last deed of record and legal description of the site and any restrictive covenants controlling use and/or development of the site.

         d.   Distance between the proposed facility (measured from the base pad of the facility) and: 1) the nearest property and 2) the nearest single-family detached dwelling that is not located on the proposed site.

         e.   Aerial photo of the proposed site and photo simulations of the proposed facility as viewed from: 1) the nearest property and 2) the nearest single-family detached dwelling that is not located on the proposed site.

         f.   A statement under oath signed by the applicant stating the facility will comply with all applicable federal and state laws and regulations (including specifically FAA and FCC regulations) and this section.

         g.   Identity of any known carriers intending to install antennas on the antenna support structure and proof of agreements between the applicant and the identified carrier(s).

         h.   Written justification of compliance with site selection criteria and facility design criteria.

         i.   Statement of need for the facility, including coverage/propagation maps as appropriate.

         j.   Proof of service of notice of the time and place of the public hearing of the special use application: 1) served upon property owners within the village within one thousand five hundred feet (1,500') of the proposed site, 2) as 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, and 3) such other means or methods as prescribed by the zoning board of appeals.

         k.   Information reasonably requested by the ZBA to permit the ZBA to determine whether the application satisfies the additional requirements set forth in subsection (E)2 of this section.

      2.   Optional Information: An applicant for a special use permit for personal wireless service facilities may submit the following documentation and information:

         a.   Comments from adjacent property owners.

         b.   Any other information that is reasonably requested by the zoning board of appeals.

   (F)   Application Evaluation Criteria: The applicant or its agent shall demonstrate compliance with subsection 5-10-7(E) of this title and this section.

      1.   Special Use Permit; General Requirements: No special use permit for a personal wireless service facility shall be recommended by the zoning board of appeals unless the zoning board of appeals shall find the application satisfies the following additional requirements:

         a.   That no existing, sufficient and readily available antenna support structures are located within the geographic area that meets applicant's coverage requirements.

         b.   That the applicant's proposed facility would not cause electromagnetic interference with other antennas on existing antenna support structures.

         c.   That an alternative technology that does not require the use of an antenna support structure, such as microcell and/or distributed antenna systems network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable.

         d.   Adherence to any additional requirements and preferences set forth in this section.

   (G)   Technical Definitions:

   ANTENNA: Any apparatus at the facility that directly sends and/or receives radio signals for the purpose of providing personal wireless services.

   ANTENNA SUPPORT STRUCTURE: Any pole, telescoping mast, tower, tripod or other structure that supports an antenna.

   BASE PAD: The foundation upon which the antenna support structure is erected (typically steel reinforced concrete).

   CABLE MICROCELL NETWORK: A wireless communications network that utilizes a series of interconnected low power transmitters and receives geographically disbursed signals throughout the area.

   CARRIER/PROVIDER: An entity duly authorized by the FCC to engage in the provision of wireless service(s) to end users.

   COVERAGE AREA: The geographic area in which wireless service is to be provided by the facility.

   COVERAGE/PROPAGATION MAPS: Topographical maps that depict the geographic area to be covered by the wireless facility, including various levels of service as appropriate.

   DISTRIBUTED ANTENNA SYSTEM: A wireless communications network with multiple antennas mounted on existing infrastructure (typically power/telephone poles) to enhance coverage within the geographic area.

   FAA: The federal aviation administration.

   FCC: The federal communications commission.

   MONOPOLE: A single freestanding pole type of antenna support structure upon which antennas are mounted.

   PERSONAL WIRELESS SERVICES, PERSONAL WIRELESS SERVICE FACILITIES: Shall be defined in the same manner as in title 47, United States Code, section 332(c)(7)(C), as amended; personal wireless facilities may also be referred to as a "facility" or "facility".

   SITE: A lot or parcel of land that contains personal wireless service facilities, including any antenna, antenna support structure and accessory buildings, and may include other uses associated with and ancillary to personal wireless services.

   SITE PLAN: A graphic depiction of the site drawn to scale showing the information required under subsection (E)1 of this section.

   STRUCTURE HEIGHT: The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna (exclusive of ground rods up to 10 feet in height). Measurement of such height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the site. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

   UNIPOLE: A type of monopole in which all antennas and associated cabling are internally mounted and thus not visible on the external surface of the monopole.

   WIRELESS SERVICE PROVIDER: An entity engaged in the operation and management of a personal wireless service facility. (Ord. 08-02, 1-28-2008)

   (A)   Purpose: The purpose of this section is to provide lighting standards and practices which will minimize light pollution and will conserve energy and resources while maintaining nighttime health, safety, utility and security. It is also intended for this section to provide regulations which will protect the health and welfare of the general public and protect the ecological and natural resources of the village, while preserving the ability to view the celestial features of the night sky for present and future generations.

Village authorities recognize:

      1.   The need to safeguard the rural character, aesthetic value and the unique quality of life that village residents enjoy by preserving and enhancing the ability to view the night sky.

      2.   The night sky as a natural resource.

      3.   The need to define limits and protect residents from the trespass of excessive and misdirected light from adjacent properties.

      4.   That proper direction and use of light minimizes the use of energy.

      5.   That excessive illumination may have a detrimental effect on wildlife that depends on the natural cycle of the day and night for survival.

      6.   The importance to all of astronomical observations and the enjoyment of the night sky.

   (B)   Definitions: Terms used in this section shall be defined as follows:

   BACK SIDE SHIELD: A device which is added or attached to a light fixture made from an opaque material which prevents light from being emitted in certain directions. Commonly applied to prevent light from entering an adjacent property.

   DOORWAY: Any means of ingress or egress to any structure, limited to doors and garage doors.

   DOORWAY LIGHTING: Light fixtures located within ten feet (10') of a doorway.

   ESSENTIAL LIGHTING: Light that is used for a specified period of time which is necessary for a specific task or purpose while said task or purpose is actively being performed.

   EXCESSIVE LIGHTING: Illuminance which exceeds the amount of light which is needed to perform a visual task or purpose at night.

   EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Fixtures which are located indoors, but which are intended to illuminate something outside are considered exterior lighting for the purposes of this section.

   FIXTURE, LIGHT FIXTURE (Also Called LUMINAIRE): The complete lighting assembly (including the lamp(s), housing, ballasts, photocells, reflectors or refractors, lenses, sensors and shields) less the support assembly or pole, mounting bracket and base, consisting of one or more lamps together with the parts designed to distribute light, position and protect the lamp, and connect the lamp to a source of power. Light fixtures are evaluated for safety by Underwriters Laboratories and are "rated" to certain wattage limits, as affixed by a UL issued label.

   FOOT-CANDLE: A unit of measurement used to determine the amount of light incident on a surface, also known as "illuminance". One foot-candle (1 fc) is equivalent to one lumen evenly distributed over one square foot of surface area at a distance of one foot (1'). Foot-candle measurements can be taken with a handheld light meter.

   FULLY SHIELDED: A light fixture or luminaire designed, constructed and installed in such a manner that all light emitted from the fixture, either directly from the lamp(s) or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane through the fixture's lowest light emitting part.

   GLARE: A visual disturbance produced by a distinct light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted.

   HOLIDAY LIGHTING: Temporary lighting installed in connection with a holiday or religious observance and removed thereafter.

   ILLUMINANCE: The amount of luminous flux falling onto a unit of surface area, correlating to the perception of brightness by the human eye. Illuminance is typically measured in lumens per square foot (foot-candles) or lumens per square meter (flux).

   LAMP: The source of light being emitted from a luminaire, such as a bulb.

   LANDSCAPE LIGHTING: Exterior lighting for the purpose of illuminating trees, shrubbery, plants, flowerbeds, waterways, gardens and nonstructural, manmade features, including, but not limited to, sculptures, fountains, trellises, statuaries, tree houses and other features.

   LIGHT LEVEL: The illuminance as measured by a light meter as reported in photometry.

   LIGHT OUTPUT: The amount of light which is emitted by a lamp or fixture.

   LIGHT POLLUTION: Any unnecessary or adverse effect of artificial light including, but not limited to, glare, light trespass, excessive lighting, uplighting and skyglow, and any artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to the natural environment.

   LIGHT SOURCE OR SOURCE: The light emitting part or parts of a light fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light.

   LIGHT TRESPASS: Light that falls on neighboring properties or produces glare or distraction for observers away from the area for which the light is intended.

   LIGHTING: Any or all parts of a luminaire that function to produce light or light produced by a manmade source, including, but not limited to, electric lamps, gas lamps and solar lamps.

   LUMEN: The unit of measurement used to quantify the amount of light produced by a lamp or emitted from a fixture (as distinct from "watt" which is a measurement of the electrical power).

   LUMINAIRE: See definition of Fixture, Light Fixture (Also Called Luminaire).

   LUMINOUS FLUX: The power emitted from a source of electromagnetic radiation, such as a light bulb or light transmitting elements, in the form of visible light. Luminous flux is measured in lumens (flux) and is typically specified by the manufacturer for a given lamp or fixture. Typical luminous flux values for incandescent bulbs are one hundred (100) watts: one thousand five hundred fifty (1,550) lumens; seventy five (75) watts: one thousand eighty (1,080) lumens; sixty (60) watts: seven hundred eighty (780) lumens; and forty (40) watts: four hundred fifty (450) lumens.

   MOTION SENSOR: A sensor which causes a luminaire to become illuminated automatically upon the presence of motion or infrared radiation or a combination thereof within its field of view.

   MOUNTING HEIGHT: The height above normal grade to the lowest light emitting part of an installed fixture.

   NEW CONSTRUCTION: The construction of a new principal building on a "lot" (as such terms are defined in section 5-2-1 of this title) or the expansion of an existing principal building on a lot such that the resulting "floor area" (as defined in section 5-2-1 of this title) of such principal building is increased by more than fifty percent (50%).

   NONCONFORMING: Lighting which does not meet the requirements and specifications contained herein.

   NONESSENTIAL LIGHTING: Lighting which is unnecessary for pedestrian passage and not generally useful. This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall mounted perimeter lights after business hours).

   PHOTOMETRY: A technical test report that indicates light distribution and performance of a fixture. A photometric plan may include candlepower distribution data, cutoff classification, foot-candle chart, etc., some of which are generally available directly from the manufacturer, and which may have been produced by an independent laboratory.

   SEARCHLIGHT: Lighting installation, either ground or vehicle mounted, designed to project a high intensity beam of light that is typically used to sweep the sky for promotional purposes.

   SECURITY LIGHTING: Exterior lighting installed primarily for personal safety or emergency purposes that is attached to a structure or used to illuminate a walk or driveway and is fully shielded. Any lighting identified by the Barrington Hills police department as serving a security function will also be classified as security lighting.

   SHIELD OR SHIELDED: When applied to lighting, an opaque barrier which does not allow light to be transmitted in certain directions.

   SKYGLOW: The brightening of the night sky or the overhead glow from artificial light that is directed upward or reflected off moisture and dust particles in the atmosphere, reducing the ability to view the natural night sky.

   SPECIAL EVENT LIGHTING: Lighting approved by the village for use at a temporary special event.

   SPORTS LIGHTING: Light fixtures used to illuminate courts, arenas, riding arenas, fields, tracks and other recreational areas generally utilizing high light output fixtures, higher light levels and are mounted on higher than average freestanding poles.

   UL RATING: A reference to "Underwriters Laboratories" (or other recognized testing laboratory), a commercial agency that certifies the maximum safe wattage for fixtures and other electrical devices. A UL label indicating the maximum safe wattage is affixed or imprinted on all light fixtures which are offered for sale.

   UNIFORMITY RATIO: A ratio that describes uniformity of illuminance across an area.

   UNSHIELDED: The luminaire only incorporates clear glass, which permits all light to escape.

   VILLAGE: The village of Barrington Hills.

   (C)   Applicability:

      1.   Applicability To Zoning Districts:

         a.   In all residential zoning districts R1 to R4, inclusive, exterior lighting installed or relocated with regard to any new construction commenced after the effective date of this section shall conform to the provisions established by this section, unless otherwise exempted herein.

         b.   In all other zoning districts, exterior lighting installed or relocated after the effective date of this section shall conform to the provisions established by this section, unless otherwise exempted herein.

      2.   Conflict With Other Laws: Nothing in this section is intended to affect the continued applicability of the provisions of section 5-2-1 of this title (definition of "polo field"); section 5-3-12 of this chapter; subsections 5-5-12(G)4 and 5-6-10(E)4 of this title; sections 5-6-12 and 5-7-18 of this title; and subsection 6-4-3(G) and section 7-1- 5 of this code. Such sections and subsections of this code shall continue to apply in those instances that this section does not apply. In the event of any conflict between this section and any other provision of this code, to the extent this section applies, it shall control.

      3.   Exempt Lighting: The following are exempt from the provisions of this section:

         a.   Security lighting.

         b.   Doorway lighting within residential zoning districts R1 through R4.

         c.   All temporary emergency lighting necessary to ensure public safety as specified by the chief of police, chief fire marshal or other firefighting or emergency service providers.

         d.   Lighting used in the undertaking of municipal road construction, emergency repair or maintenance of utility lines, sewer, water mains or similar public infrastructure.

         e.   Holiday lighting between October 20 and January 31 of the following year.

         f.   Upward lighting of flags in the form of a single ground mounted, narrow cone spotlight located at the base of the flagpole which confines the illumination to the flag itself.

         g.   Underwater lighting used for swimming pools, provided such lighting meets all relevant electrical codes.

         h.   Temporary lighting used in conjunction with occasional special events.

         i.   Lighting for radio, communication and navigation towers, provided that the owner or occupant demonstrates to the satisfaction of the village that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this section, and that the provisions of this section are otherwise met to the fullest extent possible. Lighting for any wireless communications facility shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity, unless specifically forbidden by the FAA.

         j.   Temporary exterior lighting reviewed and approved in connection with a permit issued by the village provided that the lighting is extinguished and removed according to the permit.

         k.   Lighting for outdoor activities, including: pool areas, tennis courts, paddle courts, hockey and/or skating rinks, horse arenas; provided such lighting shall be extinguished by eleven o'clock (11:00) P.M.

         l.   All essential lighting.

      4.   Prohibited Lighting: The following lighting shall not be permitted within the village, except if exempt under subsection (C)3 of this section:

         a.   Mobile or ground mounted searchlights, except those used for governmental or emergency purposes.

         b.   Strobe lights and laser lights, including laser light shows and aerial laser lights.

         c.   Neon lights, except as legally permitted.

         d.   Blinking, flickering, scrolling, rotating, pulsating, tracing lights or revolving lighting, including on signs.

         e.   Flashing lights unless temporarily triggered by a security system and extinguished within thirty (30) minutes after the time of security response.

         f.   Lighting which is used to outline a building, structure, or window, including neon, fiber optic, light emitting diode (LED), or fluorescent tube lighting which is used for this purpose.

         g.   Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.

         h.   Lighting that is determined by the village police department to contribute to a condition of disabling or distracting glare into a public roadway.

         i.   Illuminated indoor signs visible from outdoors.

         j.   Lighting used to illuminate property other than that on which the fixture is located and which constitutes light trespass.

   (D)   Residential Lighting Standards: The following residential lighting standards are established for residential zoning districts R1 through R4, pursuant to this code, provided, however, that such zoning districts for which a special use has been issued or is required shall be regulated pursuant to subsection (E) of this section:

      1.   Protection From Light Trespass And Excessive Lighting: All exterior lighting shall not cause glare and shall protect adjacent properties, roadways and waterways from light trespass and excessive lighting.

      2.   Maximum Light Output: For all nonexempt exterior lighting, the maximum light output shall not exceed a total on any given property under single ownership and control equal to ten thousand (10,000) lumens multiplied by the total number of acres of such property.

      3.   Installation Restrictions:

         a.   Fully Shielded; Exceptions: All exterior lighting fixtures shall be fully shielded or aimed at such an angle so as to eliminate glare from such lighting fixture, except as follows:

            (1)   Landscape Lighting: Unshielded landscape lighting is permitted and is not required to be angled downward provided that the light source is not visible from adjoining properties (defined as seeing the heated element across property lines) and that each UL rated fixture has a light output not in excess of one thousand six hundred (1,600) lumens.

            (2)   Driveway/Walkway/Identity Sign/Decorative Lighting: Unshielded lighting at entryways, including driveways and walkways and lighting for property identity signs, gates, fences, and post top entrances is permitted and the fixture is not required to be angled downward provided that each UL rated fixture has a light output not in excess of one thousand six hundred (1,600) lumens.

            (3)   House Wash Lighting: Unshielded house wash lighting shall be permitted in an upward angle so that each UL fixture has a light output not to exceed one thousand six hundred (1,600) lumens. House wash lighting shall be extinguished by eleven o'clock (11:00) P.M.

         b.   Height:

            (1)   The maximum mounting height of a fixture on a structure shall not exceed the height of the eave of such structure.

            (2)   Except for sports lighting permitted under subsection (D)6 of this section, all freestanding lighting, including, but not limited to, landscape lighting affixed, attached, installed, mounted or placed on exterior vegetation such as trees, shrubs and other flora, shall be angled downward so as to eliminate glare and shall not exceed a mounting height of eighteen feet (18'). The setback for freestanding light fixtures from the property line shall be at least three (3) times the mounting height, except there shall be no setback requirements for lighting mounted on gates and fences, provided such lighting does not exceed 0.1 foot-candle of illuminance.

      4.   Hours Of Operation: Landscape lighting shall not be operated between the hours of eleven o'clock (11:00) P.M. to dawn, provided, however, solar powered landscape lighting that lacks an on/off switch may be operated between the hours of eleven o'clock (11:00) P.M. to dawn, further provided that such solar powered landscape lighting does not exceed 0.1 foot-candle of illuminance, subject to subsections (D)2 and (D)3 of this section.

      5.   Prohibited Light Fixtures: Mercury vapor light fixtures which are not fully shielded are not permitted.

      6.   Sports Lighting: For sports lighting the following shall apply:

         a.   Light fixtures shall be shielded as designed and installed.

         b.   Light levels shall not exceed the appropriate Illuminating Engineering Society Of North America (IESNA) recommended level of spectator/play for the activity.

         c.   Sports lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than eleven o'clock (11:00) P.M. Lower light levels for off the field lighting may be provided for an additional thirty (30) minutes for safe egress.

         d.   The mounting height for sports lighting shall be no greater than one-fourth (1/4) the distance to the property line from where the sports lighting is located and shall not exceed eighteen feet (18').

         e.   Sports lighting trespass shall not exceed at any point on the property line: 0.1 foot-candle of illuminance.

         f.   Designs for all sports lighting shall be submitted to the village prior to installation to assure that the requirements of this subsection (D)6 are satisfied.

   (E)   Nonresidential Lighting Standards: The following nonresidential lighting standards are restricted to business zoning districts B1 through B4, BP and LID, pursuant to this code and for any properties within residential zoning districts R1 through R4 for which a special use permit has been issued or is required:

      1.   Protection From Light Trespass And Excessive Lighting: All nonresidential exterior lighting shall not cause glare and shall protect adjacent properties, roadways and waterways from light trespass and excessive lighting.

      2.   Maximum Lumen Output: As determined by photometric plans or as certified by the manufacturer, the maximum lumen output shall not exceed fifty thousand (50,000) lumens per acre, with no more than five thousand (5,000) of those lumens being unshielded.

      3.   Installation Restrictions:

         a.   Fully Shielded; Exceptions: All exterior lighting fixtures shall be fully shielded and aimed straight downward with the following exceptions:

            (1)   Doorways: Unshielded nonresidential light fixtures located within ten feet (10') of a doorway are permitted on the primary structure provided that the fixture(s) is UL listed and lamped at no greater than one thousand eight hundred (1,800) lumens per doorway, regardless of the number of lamps.

            (2)   Landscape Lighting: Unshielded landscape lighting is permitted provided that the light source is not visible (defined as seeing the heated element across property lines) and that the UL rated fixture has a light output not in excess of one thousand six hundred (1,600) lumens.

         b.   Signs: Lamps used for illumination of such signs shall be included in the total lumens per acre and shall be turned off at eleven o'clock (11:00) P.M. or when the business closes, whichever is earlier.

         c.   Height: The maximum mounting height of a fixture, except for fixtures in subsection (E)9 of this section, shall not exceed eighteen feet (18').

      4.   Fixture Setback: The setback distance for freestanding light fixtures to the property line shall be no less than three (3) times the mounting height unless it can be demonstrated on a lighting plan that with the use of a back side shield, all light trespass limits are met, provided, however, there shall be no setback requirements for lighting mounted on gates and fences, provided such lighting does not exceed 0.1 foot-candle of illuminance.

      5.   Hours Of Operation: All conforming and nonconforming exterior lighting shall be turned off within one-half (1/2) hour after the close of business and no later than eleven o'clock (11:00) P.M. Lights needed for safety or emergency purposes shall be controlled by timers or motion sensors.

      6.   Lamp Types: In an effort to foster sustainability, the village encourages energy efficient light sources. High pressure sodium, fluorescent, low pressure sodium lamps or metal halide shall be used for all light fixtures UL rated to be lamped greater than one thousand eight hundred (1,800) lumens. Mercury vapor shall not be permitted.

      7.   Light Trespass Limits: Lighting plans submitted for approval shall comply with the following:

         a.   The maximum illuminance at or beyond the property line that adjoins a residential parcel, nature preserve or waterway may not exceed 0.1 foot-candle of illuminance horizontal on the ground or 0.1 foot-candle of illuminance vertical measured at a five foot (5') height above the ground, unless otherwise permitted by applicable law.

         b.   Maximum horizontal or vertical illuminance allowed between adjacent commercial properties or public right of way shall be 0.1 foot-candle.

      8.   Parking Lot Illumination: All parking lot fixtures shall be fully shielded and aimed straight downward.

      9.   Sports Lighting: For sports lighting where the nighttime activity is authorized by a permit, the following shall apply:

         a.   Light fixtures shall be shielded as designed and installed.

         b.   Light levels shall not exceed the appropriate Illuminating Engineering Society Of North America (IESNA) recommended level of spectator/play for the activity.

         c.   Sports lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than eleven o'clock (11:00) P.M. Lower light levels for off the field lighting may be provided for an additional thirty (30) minutes for safe egress.

         d.   The mounting height for sports lighting shall be no greater than one-fourth (1/4) the distance to the property line from where the sports lighting is located and shall not exceed eighteen feet (18').

         e.   Sports lighting trespass shall not exceed at any point on the property line: 0.1 foot-candle of illuminance.

         f.   Sports lighting shall not be installed on properties which are less than five (5) acres.

         g.   Designs for all sports lighting shall be submitted to the village prior to installation to assure that the requirements of this subsection (E)9 are satisfied.

      10.   Special Use: The village in granting a special use permit may establish additional regulations or waive the regulations set forth herein.

      11.   Approval: All nonresidential lighting shall be reviewed by the plan commission in accordance with subsection (G) of this section and approved by the village board.

   (F)   Amortization: In order to provide consistency throughout the village and carry out the requirements of this section, the following sunset provisions shall be implemented with respect to phasing out preexisting, nonconforming lighting within business zoning districts B1 through B4, BP and LID.

      1.   All lighting plans approved prior to the effective date of this section and installed in connection with a site plan, but not in compliance with this section, shall be brought into compliance within ten (10) years from the date of the lighting plan approval, or in connection with a new development proposal, whichever comes first.

      2.   On or before January 1, 2012, all preexisting exterior lighting, exclusive of permitted sign lighting, shall be extinguished one-half (1/2) hour after close of business exclusive of operational motion sensor activated light fixtures, provided such lighting is not activated by activity off the property.

      3.   Mercury vapor light fixtures shall be removed on or before January 1, 2012.

      4.   All other preexisting, nonresidential lighting shall conform to the provisions of this section by January 1, 2017.

   (G)   Procedures:

      1.   Any applications for proposed or required nonresidential lighting plans submitted to the plan commission shall include exterior lighting plans, fixture and lighting control specifications, along with any additional documentation required by the plan commission in order to verify that the proposed exterior lighting conforms to the provisions of this section.

      2.   The following items shall accompany a lighting plan submission for review and approval by the plan commission:

         a.   A site plan complete with all existing and proposed structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, indicating with shading or highlighting, all areas where pedestrians shall be walking or where pedestrians may come in conflict with vehicles. The site plan shall show, by location, and identify each existing and proposed fixture and shall specify its installed height, pole foundation details and mounting methods.

         b.   A detailed lighting plan when the total number for all exterior light fixtures on the property, exclusive of sign lighting, exceeds five thousand (5,000) lumens, indicating initial illuminance levels as expressed in foot-candle measurements on a grid of the site showing foot-candle readings in every five foot (5') square. The grid shall include the location and installed height of each existing and proposed fixture (i.e., pole mounted lights, wall mounted lights and lighting, including streetlights), and the overall light levels in foot-candles on the entire site. The grid shall extend at least twenty feet (20') beyond the site property lines, indicating the zoning of all adjacent properties to assure compliance with light trespass requirements. Photometric plans shall be prepared by the fixture manufacturer or a licensed professional, architect or engineer and shall provide calculation of average maintained foot-candles, maximum and minimum foot-candle readings, and the average to minimum and the maximum to minimum uniformity ratios.

         c.   A description of each light fixture as depicted and identified on the site plan including the manufacturer, model number, a photograph of the fixture and a manufacturer's catalog cut sheet, detailed IES formatted photometric data, a description of the cutoff characteristics of each fixture, light output in initial lumens and lamp type, verifying any compliance requirements specified within this section.

         d.   Mounting height indicated with distance to nearest property line for each proposed and existing fixture, including pole foundation description.

         e.   Shielding or glare reduction devices and all mounting details.

         f.   Types of timing devices or motion sensor devices used to control the fixtures and a schedule of the proposed hours when each fixture will be operated.

         g.   Total exterior lamp lumens for all fixtures on the property, calculated at initial lumen output.

         h.   A summary key table identifying the maximum, minimum and average light levels in foot-candles as well as uniformity ratios for all parking areas and walkways.

      3.   When considering a site plan application, the plan commission may require the use of motion sensor devices to control lighting for illumination of a building entrance, recreation area, parking area, accessways or other such areas.

      4.   In nonresidential zoning districts, when a site plan includes additions to or modifications of an existing lighting system where the proposed changes will increase the lighting on the site by more than twenty five percent (25%) of the preexisting light output, the plan commission may require that all or part of the preexisting lighting be changed to conform with the provisions of this section.

      5.   Appropriate exterior lighting levels may be influenced by the general nature of the surrounding environment, subject to village approval.

      6.   No exterior lighting shall be installed, replaced, substituted, altered, changed, repaired, relocated, enlarged, moved, improved or converted unless it conforms to a lighting plan approved by the plan commission. At its discretion, the village may not require foot-candle renderings when the exterior lighting for the entire site does not exceed five thousand (5,000) lumens.

      7.   Where new installations have been designed by a licensed architect or lighting engineer, he or she shall conduct a postinstallation inspection to verify compliance with the approved plan. Such architect or engineer shall submit a certification to the village, verifying that such inspection was performed and that the installed system operates and is in conformance with the approved plan prior to the issuance of a certificate of occupancy or other village approval.

      8.   The village shall have the right to conduct a postinstallation inspection to verify compliance with the requirements of this section and, if appropriate, to require remedial action at the expense of the applicant.

      9.   Guidelines will be made available to applicants to facilitate compliance.

   (H)   Penalties:

      1.   Nonessential lighting or prohibited lighting can be ordered by the village police department or the enforcing officer to be extinguished, including mobile or ground mounted searchlights, laser light shows, decorative flashing, blinking or tracing lights, exclusive of exempt lighting, at any time.

      2.   It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity to install, alter, repair, move, equip, use or maintain or allow such installation of any exterior lighting in violation of any of the provisions of this section, or to fail in any manner to comply with a notice, directive or order of the village.

      3.   If, after investigation, the enforcing officer finds that any provision of this section is being violated, notice shall be given by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. Applicable staff shall be available to assist in working with the violator to correct said lighting violation. If the violation is not abated within the thirty (30) day period, the enforcing officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this section and to collect the penalties for such violations.

      4.   A violation of this section, or any provision thereof, shall be punishable by a civil penalty of fifty dollars ($50.00) for residential violations and one hundred fifty dollars ($150.00) for nonresidential violations for each day of the violation after the expiration of the thirty (30) day period, and each day shall constitute a separate offense for the purpose of calculating the civil penalty. (Ord. 11-01, 1-24-2011)