This Title is entitled the VILLAGE OF LAKE BARRINGTON ZONING ORDINANCE and may be referred to as the Zoning Title. The zoning map is entitled the VILLAGE OF LAKE BARRINGTON ZONING MAP and may be referred to as the Zoning Map. An attested copy of the Zoning Title with the Zoning Map is on file with the Village Clerk. (Ord. 90-O-16, 7-3-1990)

The purposes of the Zoning Title are:

   A.   To promote and protect the public health, safety, morals, convenience and the general welfare;

   B.   To preserve the character of the Village;

   C.   To conserve the taxable value of land and buildings throughout the Village;

   D.   To ensure that adequate light and air may be secured;

   E.   To provide protection against fire, explosion, noxious fumes, noise, pollution and other hazards;

   F.   To help create a rational land use pattern and relationships between residential, commercial, industrial and open space use;

   G.   To prevent harmful encroachment of incompatible uses in living, working and shopping areas so that the districts designated for each use shall not be usurped by other inappropriate uses;

   H.   To preserve and improve the ecological balance in the Village;

   I.   To avoid congestion in the public streets by establishing requirements for off-street loading and parking;

   J.   To prevent congestion by limiting the development of land to the capacity of the Village to provide satisfactory public services;

   K.   To prevent overcrowding the land with buildings;

   L.   To provide a basis for implementing the land use decisions of the Village;

   M.   To ensure that the same rules are applied to all new construction in the Village;

   N.   To establish reasonable zoning standards to which buildings and structures shall conform;

   O.   To prevent additions to and alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed under this Title;

   P.   To establish and define the powers and duties of the administrative officers and bodies that administer and enforce this Title;

   Q.   To prescribe penalties for the violation of the provisions of this Title or any amendments to it. (Ord. 90-O-16, 7-3-1990; amd. Ord. 2021-O-12, 9-7-2021)

   A.   Conflict With Other Instruments: In case of conflict between any part of this Title and any other valid legal instrument, the most restrictive provisions shall apply in every case.

   B.   Validity And Separability: If any provision of this Title is held invalid or unconstitutional by any court of competent jurisdiction, such a decision shall not affect the validity of any other provision of this Title. It is hereby declared to be the intention of the Board of Trustees of the Village that all provisions of this Title are separable.

   C.   Minimum Requirements And Interpretation: In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare.

Where the regulations imposed by any provision of this Title upon the use of land or buildings, the bulk of buildings, lot area requirements or yard requirements are either more restrictive or less restrictive than comparable regulations for the same district 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.

This Title is not intended to abrogate any easement, covenant or 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.

No building, structure or use that is unlawful at the time of the adoption of this Title shall become or be made lawful solely by reason of the adoption of the Ordinance codified in this Title. To the extent that an unlawful building, structure or use is in conflict with the requirements of this Title, said building, structure or use remains unlawful.

   D.   Transition Rules: The following rules shall apply for the purpose of allowing an orderly transition from the prior zoning ordinance of the Village to the provisions of this Title.

      1.   When a parcel of land is used for a purpose which was a lawful use on the effective date of the Ordinance codified in this Title and the use is classified as a permitted use in the district in which it is located by this Title, such use shall be classified as a lawful permitted use for the purposes of this Title. However, if such parcel of land or any buildings or structures on it do not conform with all other requirements of this Title, the continued use of said parcel and the buildings and structures on it shall be controlled by the provisions of Chapter 6 of this Title dealing with nonconforming buildings, structures and uses.

      2.   When a parcel of land is used for a purpose which was a lawful use on the effective date of the Ordinance codified in this Title and such use is classified as a special use in the district in which it is located by this Title, such use shall be classified as a lawful special use for the purposes of this Title. However, if such lawful use was a special use, and if the permit granting such special use was subject to one or more conditions, such condition or conditions shall continue in full force and effect under this Title unless a new special use permit is obtained in accordance with the provisions of this Title; and if such parcel of land or any building or structures on it do not conform with all other requirements of this Title, the continued use of said parcel and the buildings and structures on it shall be controlled by the provisions of Chapter 6 of this Title dealing with nonconforming buildings, structures and uses.

      3.   Any addition or expansion of a lawful special use shall be permitted only in accordance with the same procedures as those required by this Title for a new special use and any change in use to a new use other than a permitted use shall be permitted only if such new use is classified as a special use under this Title and in accordance with the same procedures as required by this Title for a new special use.

      4.   When a parcel of land is used for a purpose which was a lawful use on the effective date of the Ordinance codified in this Title and such purpose is no longer classified as either a permitted use or a special use in the district in which it is located by this Title, such use shall be classified as a nonconforming use and shall be controlled by the provisions of Chapter 6 of this Title dealing with nonconforming buildings, structures and uses.

      5.   When a building permit for a building or structure has been issued in accordance with law prior to the effective date of the Ordinance codified in this Title, and when construction has begun within six (6) months of the issuance of such permit and is being prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy for the use originally designed.

      6.   All variations granted prior to the effective date of the Ordinance codified in this Title shall remain in full force and effect. (Ord. 90-O-16, 7-3-1990)