The board of trustees may determine and vary the application of the regulations of this title in harmony with their general purpose and intent and may amend the village of Lake Barrington zoning map in accordance with the rules contained herein. (Ord. 99-O-04, 2-2-1999)

   A.   Public Notice: The power to determine and approve variations shall be exercised only by the adoption of ordinances. Variations shall be made only in a specified case and after a public meeting before the zoning board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) calendar days before the meeting in a newspaper published in the village, or if no newspaper is published therein, then in a newspaper with a general circulation within the village. The notice shall contain the particular location for which the proposed variation is requested as well as a brief statement of what the proposed variation will do.

   B.   Affidavit To Be Filed: The petitioner(s) for any variation shall file with the village administrator an affidavit identifying the owners of all property, whether under the jurisdiction of a municipality or within an unincorporated area, within one thousand feet (1,000'), excluding rights of way of public streets, in each direction from all points on the perimeter of the property which is the subject of their petition (and the respective permanent index numbers of such properties), and said affidavit shall in any event include at least the six (6) nearest property owners (and the respective permanent index numbers of such properties) within the village; provided, however, that for the purpose of this section, ownership may be determined on the basis of the last available tax records of the county. The petitioner(s) shall also provide to the village administrator, along with the required affidavit, prestamped envelopes (without any return address) addressed to each owner listed on such affidavit and, in addition, the petitioner(s) shall also provide one copy of all of the tax map(s) covering all permanent index numbers listed on such affidavit in the same scale as maintained by the Lake County clerk's map department. The village administrator will send written notice by U.S. mail, at the petitioner's expense, not less than fifteen (15) days prior to the initial date of the public hearing thereon, to those persons identified in said affidavit.

   C.   Public Hearing Notification Signs Required:

      1.   Signs Required: In addition to any other notice that may be required by this section, the petitioner(s) shall be responsible for posting the sign(s) on the subject property informing the general public of the initial date of the upcoming public hearing. The required sign(s) shall be obtained from the village administrator for use by the petitioner(s).

      2.   Content Of Each Sign: Each sign shall contain the following information with all required lettering a minimum of two inches (2") in height:

   VILLAGE OF LAKE BARRINGTON

      3.   Size: Each sign shall have at least one display surface which shall have a minimum dimension of four feet (4') in height and four feet (4') in width.

      4.   Placement Of Signs: One public hearing notification sign shall be posted on the subject property at a location oriented to and readable from the nearest adjacent roadway. However, additional signs shall be required where a parcel abuts two (2) or more roadways, and in such cases, one such sign shall be oriented to and shall be readable from each abutting roadway. Such signs must be constructed of materials which will withstand existing area weather conditions.

      5.   Duration; Removal: Public hearing notification signs must be posted not less than fifteen (15) days prior to the initial date of the scheduled public hearing on the petition or application, and shall not be removed by the village or by the petitioner(s) until after the initial date of the scheduled public hearing on the petition or application.

      6.   Reimbursement: Prior to the initial date of the scheduled public hearing on the petition or application, the petitioner(s) shall reimburse the village for the actual out of pocket expenses incurred or to be incurred by the village for the fabrication, erection, and removal of the sign or signs required by this section. The petitioner(s) shall also post a cash bond for each sign with the village for use of the required signs as specified from time to time in section 1-10-7 of this code. Said bond shall be refunded to the petitioner(s) upon return of the sign within ten (10) days following the conclusion of the hearing for which the sign was posted. In the event that the sign is not returned to the village within ten (10) days of the completion of the scheduled hearing for which the sign was posted, the bond shall be forfeited with the fee applying to the cost of replacement of such sign.

      7.   Rules: The village administrator is authorized and empowered to establish such reasonable rules and regulations governing the posting of notification signs not inconsistent with the provisions of this section to carry out the intent of this section to provide notice of proposed hearings which rules may be necessary due to unique characteristics of the subject property or application.

   D.   Failure To Comply: Any failure to comply with subsections A, B and/or C of this section shall not invalidate any action taken by the village on any such petition or application. (Ord. 2008-O-05, 2-5-2008)

After the public hearing and upon the report of the zoning board of appeals, the board of trustees, by ordinance, without further public hearing may adopt any proposed variation or may refer it back to the zoning board of appeals for further consideration. Any proposed variation which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all the trustees of the village. (Ord. 90-O-16, 7-3-1990)

All variations shall be accompanied by findings of fact specifying the reason or reasons for making the variation. (Ord. 90-O-16, 7-3-1990)

Variations shall be recommended by the zoning board of appeals and approved by the board of trustees only if the evidence shows that all of the following provisions have been carefully considered and satisfied:

   A.   Essential Nature: The variation, if granted, will not alter the essential nature of the village.

   B.   Hardship: A particular hardship to the owner would result because of the physical surroundings, shape or topographical conditions of the specific property if the strict letter of the regulations were carried out. Mere inconvenience is not sufficient grounds for granting a variation or exception.

   C.   Unique Conditions: The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property.

   D.   Purpose: The purpose of the variation is not based exclusively or primarily upon a desire to make more money from the property.

   E.   Adjacent Property: The variation, if granted, will not be a substantial detriment to adjacent property.

   F.   Public Health And Safety: The granting of the variation will not be detrimental to the public health, safety, general welfare or injurious to other property or improvements in the neighborhood in which the property is located.

   G.   Special Circumstances: The special circumstances or conditions have not resulted from any act of the applicant subsequent to the effective date hereof.

   H.   Use Of Land: The variation is the minimum adjustment necessary for the reasonable use of the land. (Ord. 90-O-16, 7-3-1990)

This zoning title is based upon the division of the village into districts within any one of which the use of land and buildings, and location of buildings or structures as related to the land are essentially uniform. It is recognized, however, that there are certain uses and special uses, which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use in the particular location. Such special uses by the nature of their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   A.   Special Use Permit: Certain specified special uses are allowed in the various districts if approved by the board of trustees. Such approval requires a grant of a special use permit by ordinance. Unless otherwise specifically provided by the provisions of a special use permit for a particular development or use, after the approval of the special use permit, no extensions, alterations or modifications of the terms, conditions, restriction and requirements of such special use permit or the exhibits thereto shall be made unless and until the special use permit is amended following the same procedures as required for the original approval of such special use permit.

   B.   Hearing Before Plan Commission; Notice:

      1.   Hearing Notice Published: The power to determine and approve zoning map amendments and special use permits shall be exercised only by the adoption of ordinances. Special use permits and zoning map amendments shall be made only in a specified case and after a public meeting before the plan commission of which there shall be notice of the time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) calendar days before the meeting in a newspaper published in the village, or if no newspaper is published therein, then in a newspaper with a general circulation within the village. The notice shall contain the particular location for which the proposed special use permit and/or zoning map amendment is requested as well as a brief statement of what the proposed special use permit will allow if granted.

      2.   Hearing Notice Mailed: The petitioner(s) for any special use permit and/or any zoning map amendment shall file with the village administrator an affidavit identifying the owners of all property, whether under the jurisdiction of a municipality or within an unincorporated area, within one thousand feet (1,000'), excluding rights of way of public streets, in each direction from all points on the perimeter of the property which is the subject of their petition (and the respective permanent index numbers of such properties), and said affidavit shall in any event include at least the six (6) nearest property owners (and the respective permanent index numbers of such properties) within the village; provided, however, that for the purpose of this section, ownership may be determined on the basis of the last available tax records of the county. The petitioner(s) shall also provide to the village administrator, along with the required affidavit, prestamped envelopes (without any return address) addressed to each owner listed on such affidavit and, in addition, the petitioner(s) shall also provide one copy of all of the tax map(s) covering all permanent index numbers listed on such affidavit in the same scale as maintained by the Lake County clerk’s map department. The village administrator will send written notice by U.S. mail, at the petitioner’s expense, not less than fifteen (15) days prior to the initial date of the public hearing thereon, to those persons identified in said affidavit.

      3.   Public Hearing Notification Signs Required:

         a.   Signs Required: In addition to any other notice that may be required by this section, the petitioner(s) shall be responsible for posting the sign(s) on the subject property informing the general public of the initial date of the upcoming public hearing. The required sign(s) shall be obtained from the village administrator for use by the petitioner(s).

         b.   Content Of Each Sign: Each sign shall contain the following information with all required lettering a minimum of two inches (2") in height:

PLAN COMMISSION

NOTICE OF PUBLIC HEARING

CONCERNING THIS PROPERTY TO BE

HELD AT [INSERT TIME]

ON [INSERT DAY, DATE, AND YEAR]

AT THE VILLAGE OF LAKE BARRINGTON

MUNICIPAL CENTER

23860 N. OLD BARRINGTON ROAD

FOR MORE INFORMATION CALL

(847) 381-6010

SUBJECT: [INSERT BRIEF DESCRIPTION]

         c.   Size: Each sign shall have at least one display surface which shall have a minimum dimension of four feet (4') in height and four feet (4') in width.

         d.   Placement Of Signs: One public hearing notification sign shall be posted on the subject property at a location oriented to and readable from the nearest adjacent roadway. However, additional signs shall be required where a parcel abuts two (2) or more roadways, and in such cases, one such sign shall be oriented to and shall be readable from each abutting roadway. Such signs must be constructed of materials which will withstand existing area weather conditions.

         e.   Duration; Removal: Public hearing notification signs must be posted not less than fifteen (15) days prior to the initial date of the scheduled public hearing on the petition or application, and shall not be removed by the village or by the petitioner(s) until after the initial date of the scheduled public hearing on the petition or application.

         f.   Reimbursement: Prior to the initial date of the scheduled public hearing on the petition or application, the petitioner(s) shall reimburse the village for the actual out of pocket expenses incurred or to be incurred by the village for the fabrication, erection, and removal of the sign or signs required by this section. The petitioner(s) shall also post a bond for each sign with the village for use of the required signs as specified from time to time in section 1-10-7 of this code. Said bond shall be refunded to the petitioner upon return of the sign within ten (10) days following the conclusion of the hearing for which the sign was posted. In the event that the sign is not returned to the village within ten (10) days of the completion of the scheduled hearing for which the sign was posted, the bond shall be forfeited with the fee applying to the cost of replacement of such sign.

         g.   Rules: The village administrator is authorized and empowered to establish such reasonable rules and regulations governing the posting of notification signs not inconsistent with the provisions of this section to carry out the intent of this section to provide notice of proposed hearings which rules may be necessary due to unique characteristics of the subject property or application.

      4.   Failure To Comply: Any failure to comply with subsections B1, B2 and/or B3 of this section shall not invalidate any action taken by the village on any such petition or application.

   C.   Action By Board Of Trustees: After the public hearing and upon the report of the plan commission, the board of trustees, by ordinance, without further public hearing, may adopt any proposed special use permit or may refer it back to the plan commission for further consideration.

   D.   Additional Conditions: In approving a special use permit by ordinance, the corporate authorities may impose such additional conditions not otherwise found in this title as is considered necessary to protect the public health, safety and welfare. (Ord. 2008-O-05, 2-5-2008; amd. Ord. 2021-O-12, 9-7-2021)