A.   Structures Used For Home Occupations; Restrictions: Unless otherwise prohibited or restricted herein, a permitted use also allows uses of the existing residence and structures ancillary thereto located on the same site or building plot for home occupations. However, ancillary structures shall not be erected or home occupations established prior to the establishment or construction of the principal use.

   B.   Incidental Uses: Only such home occupations and occasional sales in compliance with the regulations contained in this section shall be permitted as an incidental use in connection with any residence.

   C.   Home Occupation Standards: Home occupations shall be permitted as long as they are uses that conform to the standards of this section. The following standards shall govern the operation of a home occupation:

      1.   A home occupation is a permitted ancillary use only if it is so located and conducted that:

         a.   The home occupation is subordinate and incidental to the residential use of the subject property;

         b.   The home occupation does not alter the residential character of the subject property;

         c.   The subject property remains compatible with other permitted uses and with the residential character of the neighborhood and of the village;

         d.   The home occupation does not in any manner detract from the residential character of the subject property, of the neighborhood or of the village;

         e.   The home occupation does not detract from the peace, quiet and tranquility of the neighborhood or of the village;

         f.   The average neighbor, under normal circumstances, would not be aware of its existence; and

         g.   The home occupation shall be conducted completely within the dwelling unit and/or structures ancillary thereto.

      2.   A home occupation in compliance with this section may be conducted in any zoning district in which dwelling units are permitted.

      3.   The residence in which a home occupation is located shall be fully subject to regulations of the zoning district in which it is located.

      4.   The outside display or storage of goods, articles, products, commodities, supplies and/or materials, equipment, tools, machinery and/or other items utilized in a home occupation is prohibited.

      5.   Daycare facilities which require a license from the Illinois department of children and family services shall not be permitted as a home occupation. Daycare facilities which do not require such license shall be permitted as a home occupation; provided, that the number of children outside the family unit residing in the home does not exceed four (4).

      6.   A home occupation shall not generate noise, vibration, glare, smoke, fumes, dust, particulate matter or electrical interference beyond that which normally occurs in the residential zoning district in which it is located, and a home occupation shall not otherwise constitute a nuisance or a fire or safety hazard to the occupants of nearby properties.

      7.   There shall be no discharge of any odors, fluids, gases, particulate or solid waste material into the air or water or onto the land or into any septic system or storm drain, swale or sewer, other than those normally occurring in the residential use, as a result of any home occupation.

      8.   There shall be no use or storage of any pollutant, toxic chemical, explosives, poison, accelerant, acid or any other chemical not normally used in a residence, as a result of a home occupation, except chemicals not normally used in a residence, or in quantities not normally used in customary residential usage.

      9.   There shall be no change to the exterior of a residence or ancillary structure as a result of a home occupation, and there shall be no alteration of the interior of any dwelling which changes the character of such dwelling as a residential structure.

      10.   As a result of a home occupation:

         a.   Traffic shall not be obstructed or impeded;

         b.   Requirements of street maintenance shall not be increased;

         c.   There shall be no significant increase in vehicular or pedestrian traffic in the neighborhood or in the Village; and

         d.   Where the home occupation is the office for activities which are conducted away from the premises, no vehicles of employees shall be parked at the premises.

      11.   All employees shall be occupants of the residence and members of the immediate family residing in the residence; provided, that one nonoccupant may be employed.

   D.   License Required; Fee: Any person engaged in a home occupation shall obtain a license to do so from the Village Clerk. The annual fee for a home occupation license shall be twenty five dollars ($25.00). (1977 Code § ZR-1-8)

   A.   General Requirements And Restrictions:

      1.   Nonconforming Uses, Buildings Or Structures: Except as otherwise provided in subsection B of this section, any lawful nonconforming use, building or structure which was lawfully within the Village and existing at the time of passage of the original zoning ordinance of the Village or any amendment thereto, or which has been in existence for more than two (2) years prior to becoming subject to the jurisdiction of the Village of North Barrington, may be continued, maintained, or changed to a conforming use, but a lawful nonconforming use, building or structure shall not be:

         a.   Changed to any other non-conforming use;

         b.   Expanded or enlarged; or

         c.   Reestablished, if discontinued or changed to a conforming use for one year or more.

      2.   Maintenance And Minor Repairs: Nothing in this zoning ordinance shall prohibit the maintenance or minor repair of a nonconforming building or structure, provided that the maintenance or minor repair does not expand the nonconforming building or structure. For purposes of this section, "maintenance or minor repair" shall mean: a) repairs necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior appearance of a building or structure without expanding or non-cosmetically altering the building or structure; b) maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses; and c) repairs that are required to remedy unsafe conditions that cause a threat to public safety.

      3.   Damage Or Destruction: If a nonconforming structure or a structure containing a nonconforming use is destroyed to an extent greater than fifty percent (50%) of its replacement cost at the time of destruction, then such structure shall not be re-established unless it is in conformity with the requirements of this section. (Ord. 1336, 10-24-2018)

   B.   Contiguous Lots: If two (2) or more contiguous lots of record (or combination of lots of record or portions of lots of record) are in single ownership at the time of adoption of this title, and if all or part of the lots do not meet the requirements for lot width or area as established by this title, the lots shall be considered an undivided parcel for the purpose of this title. No portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot or lots with width or area below the requirements stated in this title, although an entire parcel may be used as one nonconforming use with approval of the Zoning Board of Appeals and the Board of Trustees. Nothing herein shall prevent the conveyance of any parcel or any portion of any parcel to an adjoining owner, if, after said conveyance, the portion of said parcel not so conveyed (in the event of a conveyance of a portion of a parcel) meets width and area requirements of this title.

   C.   Definition: For the purposes of this section, "single ownership of separate lots of record" includes ownership by a spouse or child or by land trust of which there is a common beneficial owner, or a land trust as to which a child or spouse is a beneficial owner. (1977 Code § ZR-1-7)

   A.   Permitted Use: Poles, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility are permitted in any district if permitted by any franchise ordinance of the Village (now existing or hereafter adopted or amended) and, except as otherwise provided herein, if required for service to the Village and adjacent areas.

   B.   Underground Facilities; Exceptions: The customer portion of utility service hereafter provided to any building or structure hereafter erected shall be installed underground from existing utility owned distribution poles or existing underground installations. Exceptions in existing high wire areas are subject to the approval of the Building and Zoning Officer.

   C.   Replacement Of Service Poles: Existing utility owned distribution and privately owned service poles shall not be replaced without specific permission of the Superintendent of Roads. (1977 Code § ZR-1-6)

   A.   Swine: Swine are not permitted as an accessory use in any zoning district. (1977 Code § ZR-11-1)

   B.   Horses, Donkeys And Mules: Horses, donkeys and mules are not permitted as an accessory use except in the R-1 District and are not permitted in the R-1 District if the tract or parcel of land is a nonconforming use consisting of less than three (3) acres. In the R-1 District, not more than three (3) such animals shall be permitted for each five (5) acres, or portions thereof, of land with the total not to exceed six (6) animals. (1977 Code § ZR-11-2)

   C.   Chickens: Subject to the following conditions and limitations, the keeping of hens (the female of the chicken species Gallus gallusdomesticus) as an accessory use shall be permitted on residential lots of forty thousand (40,000) square feet or greater.

      1.   Number Of Hens: No more than six (6) hens shall be permitted on any residential lot of forty thousand (40,000) square feet or greater.

      2.   Chicken Coops And Yards:

         a.   Chicken Coop: Hens shall be kept in a secure enclosed outdoor coop, an accessory structure used for the purpose of keeping live chickens, so as to offer protection from weather elements and from predators and trespassers.

Coops shall provide at least three (3) square feet per hen and allow the hens ingress and egress to an enclosed chicken yard. Coops shall not exceed eight feet (8') in height.

Coops shall be covered with uniform materials and shall be maintained intact with all parts secure. Any repairs shall maintain consistency with the original structure in appearance and condition. The coop shall be replaced, removed or repaired in the event of significant deterioration or unsightliness.

         b.   Chicken Yard: Coops shall be connected with an enclosed chicken yard which shall be fenced. Hens shall not be allowed to roam outside of the fenced yard unless attended. Hens shall be returned to the secured chicken coop each night.

Chicken yards constructed with wire mesh fencing materials shall retain a flat, uniform plane in a well maintained, safe condition.

      3.   Location And Setbacks:

         a.   Street Setbacks: Chicken coops and yards shall not be located between the principal building and any improved alley or easement used for ingress or egress or any road right-of-way. In the case of an unimproved right-of-way, this provision may be modified by the Building and Zoning Officer in consultation with the appropriate local roadway authority.

         b.   Setback To Structures: In addition to setback requirements for accessory structures, chicken coops shall be located a minimum of thirty feet (30') from dwellings, nonresidential buildings, patios, porches, gazebos, decks or swimming pools, but may be within thirty feet (30') from storage structures such as garages and sheds on an adjoining parcel.

      4.   Prohibitions And Management Practices:

         a.   Roosters: The keeping of roosters shall not be allowed.

         b.   Odors: Chicken coops and yards must be cleaned on a regular basis so as to remain free from undue accumulated waste, and no significant odors shall be detectable on adjacent properties.

         c.   Feed: All feed for hens shall, except when placed for consumption by the hens, be kept in containers with tightly fitted lids that are rodentproof.

         d.   Slaughter: No outdoor slaughter of chickens shall be allowed.

      5.   Property Assessment: Nothing herein is intended to affect the assessed value of real property, it not being the intention of the Village that the maintenance of hens shall be utilized to claim an agricultural classification for real estate assessment purposes 2 . (Ord. 1265, 4-22-2015)

   D.   Sheep, Goats And Cattle: Sheep, goats and cattle are not permitted as an accessory use except in the R-1 District where maintained as pets of children under eighteen (18) years of age and are not permitted in the R-1 District if the tract or parcel of land is a nonconforming use consisting of less than three (3) acres. In the R-1 District, not more than three (3) sheep or goats or cattle shall be permitted for each five (5) acres of land, with the total not to exceed six (6) animals. (1977 Code § ZR-11-4)

   E.   Animal Houses And Grazing Near Dwelling: No horses, donkeys, mules, sheep, goats or cattle shall be housed or grazed within two hundred feet (200') of an adjacent property owner's dwelling. (1977 Code § ZR-11-5)

   F.   Dangerous Animals: No dangerous animals are allowed in any district, as defined by priority by the Illinois Compiled Statutes, by Federal law or by common definition.

   G.   Other Animals: For any type of animal not otherwise specified in the Code, excepting domestic household pets, no more than three (3) such animals shall be permitted for each five (5) acres, with the total not to exceed six (6) animals. (Ord. 1336, 10-24-2018)

The keeping of honeybees, of the European species Apis mellifera, except for Apis mellifera scutellata Lepeletier, shall be permitted on lots of forty thousand (40,000) square feet or greater, as an accessory use subject to the following conditions and limitations:

   A.   Number Of Beehives: Two (2) full beehives ("hives") and two (2) "nucleus hives" shall be permitted on residential lots of forty thousand (40,000) square feet or greater and one additional beehive and one additional nucleus hive shall be permitted for each additional ten thousand (10,000) square feet of property. There shall be no limit on the number of hives permitted on parcels with an area of two hundred thousand (200,000) square feet or more. Nucleus hives, consisting of five (5) or fewer frames, are kept for the purposes of queen and pest management.

   B.   Location And Setbacks:

      1.   Setbacks To Property Lines: Hives and related structures that form the apiary shall be located a minimum of thirty feet (30') from any adjoining improved alley, easement for purposes of ingress or egress, or road right-of-way and a minimum of ten feet (10') from all other property lines, provided that hives shall not be located in any front yards. In the case of an unimproved right-of-way, this provision may be modified by the Building and Zoning Officer in consultation with the appropriate local roadway authority.

      2.   Setback To Structures: Hives shall be located a minimum of thirty feet (30') from dwellings, nonresidential buildings, patios, porches, gazebos, decks, swimming pools, or permanently affixed play equipment, on an adjacent property but may be within thirty feet (30') of storage structures such as garages and sheds.

      3.   Signage: A sign, identifying the presence of beehives on the property shall be posted so as to be reasonably visible within close proximity of the apiary.

   C.   Management Practices:

      1.   Water Supply: A supply of water shall be continuously available and located within the parcel. Water supply shall be designed to allow bees to access water. Water requirement shall be in effect from April 1 through November 20, or any and all days on which the temperature exceeds fifty five degrees (55°) for three (3) consecutive days.

      2.   Requeening: In any instance in which a hive exhibits unusually aggressive characteristics, as verified by an Illinois apiary inspector, the property owner shall destroy, move to another parcel or requeen the hive within fourteen (14) days of said verification.

      3.   Movable Combs: All honeybees shall be kept in hives with removable combs, which shall be kept in good repair and usable condition. (Ord. 1265, 4-22-2015)

The provisions of this section shall apply to all culvert installations which are not governed by the provisions of section 9-1-12 of the Village Code.

Culverts located within the right-of-way of public streets, whether under driveways or under the streets themselves, as well as culverts under driveways located on private property, shall be constructed under the supervision of the Village Engineer and shall be constructed of one of the following materials and shall have the following specifications:

   A.   Reinforced concrete; or

   B.   Corrugated polyethylene with smooth interior; or

   C.   Polyvinyl chloride.

All flared end sections, fittings and specials shall match the pipe in all respects. It is preferred that all portions of such pipe which are visible after installation has been completed be a neutral color.

All pipe, except reinforced concrete, shall have at least twelve inches (12") of cover from the top of the pipe to the bottom of the hard surface pavement, except where lesser cover is authorized by the Village Engineer. (Ord. 1116, 5-23-2007; amd. Ord. 1265, 4-22-2015)

The provisions of this zoning ordinance applicable to residentially zoned property (R-1, R-2, and R-3) shall not apply to any such residentially zoned property which is owned by the Village of North Barrington and is used for or is dedicated as park property. (Ord. 1286, 6-22-2016)