This Title (Title 10 of the South Barrington Code of Ordinances) is officially known and may be cited as the "Village of South Barrington Zoning Ordinance." For convenience, it is referred to herein as the "zoning ordinance." (Ord. 2025-1446, 10-9-2025)

This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Illinois law. (Ord. 2025-1446, 10-9-2025)

The provisions of this zoning ordinance become effective on DATE TO BE INSERTED, except as otherwise expressly stated. (Ord. 2025-1446, 10-9-2025)

The provisions of this zoning ordinance apply to all public and private use and development of properties within the corporate limits of the Village of South Barrington, except as provided by state or federal law or as otherwise expressly stated in this zoning ordinance. (Ord. 2025-1446, 10-9-2025)

The provisions of this zoning ordinance do not apply to the type, location, or use of poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar transmission or distribution equipment (except substations or other similar structures erected above ground level) of a public utility under the jurisdiction of the Illinois Commerce Commission or a municipally owned utility, provided that the installation of such facilities must conform with all other applicable laws and regulations. (Ord. 2025-1446, 10-9-2025)

This zoning ordinance is adopted for the purposes of:

   A.   Protecting and promoting the public health, safety, and general welfare; and

   B.   Implementing the goals and policies of the comprehensive plan and other relevant, officially adopted plans of the village. (Ord. 2025-1446, 10-9-2025)

   A.   The provisions of this zoning ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance's stated purposes.

   B.   In addition to the requirements of this zoning ordinance, all uses, buildings and structures must comply with all other applicable ordinances, laws, and regulations.

   C.   All references in this zoning ordinance to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the village to enforce regulations imposed by other government authorities. (Ord. 2025-1446, 10-9-2025)

   A.   Land may not be used for any purpose other than one that is allowed by the provisions of this zoning ordinance.

   B.   A building or structure may not be erected, located, moved, reconstructed, extended, or structurally altered except as allowed by this zoning ordinance.

   C.   Buildings, structures, and land may be used and occupied only in compliance with the provisions of this zoning ordinance.

   D.   All lots created or modified must comply with all applicable provisions of this zoning ordinance. (Ord. 2025-1446, 10-9-2025)

   A.   Conflict with State or Federal Regulations: If the provisions of this zoning ordinance are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

   B.   Conflict with Other Village Regulations: If the provisions of this zoning ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the village, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.

   C.   Conflict with Private Agreements and Covenants: This zoning ordinance does not interfere with, abrogate, or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this zoning ordinance govern. The village is not responsible for monitoring or enforcing agreements or covenants among private parties. (Ord. 2025-1446, 10-9-2025)

   A.   Meanings and Intent: Words and terms expressly defined in this zoning ordinance including those defined in Chapter 16 have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this zoning ordinance have their ordinary dictionary meaning.

   B.   Computation of Time:

      1.   References to "days" are to calendar days unless otherwise expressly stated. References to "business days" are references to regular village government working days, excluding Saturdays, Sundays and holidays observed by village government.

      2.   The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by village government, that day is excluded.

      3.   A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.

   C.   Tenses and Usage:

      1.   Words used in the singular include the plural, and words used in the plural include the singular.

      2.   Words used in the present tense include the future tense. The reverse is also true.

      3.   The words "must," "will," "shall" and "may not" are mandatory.

      4.   The word "may" is permissive, not mandatory or required.

      5.   When used with numbers, "up to x," "not more than x" and "a maximum of x" all include "x."

      6.   The word "person" includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.

      7.   The words "used" and "occupied" include "intended, designed or arranged to be used or occupied."

   D.   Conjunctions: Unless the context otherwise expressly indicates, conjunctions have the following meanings:

      1.   "And" indicates that all connected items or provisions apply; and

      2.   "Or" indicates that the connected items or provisions may apply singularly or in combination.

   E.   Headings and Illustrations: Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure or illustration, the text governs.

   F.   Versions and Citations: All references in this zoning ordinance to other village, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated.

   G.   Lists and Examples: Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

   H.   Delegation of Authority: Whenever a provision appears requiring the head of a department or another officer or employee of the village to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such delegation.

   I.   Public Officials and Agencies: Unless otherwise expressly stated, all employees, public officials, boards, commissions, committees, bodies, and agencies to which references are made are those of the Village of South Barrington or individuals or agencies legally authorized to act on behalf of the Village of South Barrington.

   J.   Commentaries: Commentaries are sometimes included in this zoning ordinance as a means of clarifying provisions or providing supplemental information thought to be useful for ordinance users. Text marked as "commentary" has no regulatory effect. It is intended solely as a guide for administrative officials and the public.

   K.   Commentary: Commentaries have this appearance. (Ord. 2025-1446, 10-9-2025)

   A.   Establishment: The location and boundaries of the zoning districts defined in this zoning ordinance must be established by ordinance and shown on the village's official zoning map, which must be maintained under the direction of the zoning official.

   B.   Maintenance, Updates, and Publishing: The zoning official is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). The zoning map must be published, as required by law.

   C.   District Boundaries: Zoning district boundary lines must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the zoning district boundary is deemed to extend to the centerline of abutting streets. When a map is used, district boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.

   D.   Map Interpretations: Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the zoning official is authorized to make an interpretation in accordance with the following criteria:

      1.   A boundary shown on the zoning map as approximately following lot lines or other lot boundaries will be construed as following such lot lines or lot boundaries.

      2.   A boundary shown on the zoning map as approximately following a street or railroad right-of-way line will be construed as following the actual centerline of the street or railroad right-of-way.

      3.   A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following the actual municipal boundary.

      4.   A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as parallel to, or as an extension of, the subject feature.

   E.   Zoning of Annexed Land: When land is annexed or otherwise brought into the zoning jurisdiction of the village, it will automatically be classified as within the A-1 district. Such land may later be rezoned in accordance with the procedures of Section 10-12-1 F.1. (Ord. 2025-1446, 10-9-2025)

The provisions of this section address the transition to this zoning ordinance from the zoning regulations in effect immediately preceding the effective date specified in Section 10-1-3.

   A.   Applications, Permits and Approvals:

      1.   Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in Section 10-1-3 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning ordinance. If the building, development, or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.

      2.   Complete applications for special use permits, variances, planned unit developments and other zoning-related approvals that are pending approval on the effective date specified in Section 10-1-3 must be reviewed wholly under the terms of the applicable regulations in effect immediately preceding the effective date specified in Section 10-1-3. Building permits for construction and development approved under such zoning approvals may be issued in accordance with Section 10-1-12 A.3.

      3.   The zoning official is authorized to issue building permits for construction or development approved before the effective date specified in Section 10-1-3 and for developments pending approval under Section 10-1-12 A.2, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed, and occupied only if it complies with the regulations of this zoning ordinance.

      4.   When a use classified as a special use under this zoning ordinance exists as an approved special use or permitted use on the effective date specified in Section 10-1-3, that use will be considered a lawfully established special use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of the amendment. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located is considered a nonconforming use and is subject to all applicable regulations of Chapter 13.

   B.   Permit or License Pending Change in Zoning:

      1.   When a proposal to amend this title is initiated by the board of trustees, no permit or license may be issued for any use or activity that would violate the proposed amendment for three (3) months after the date that the ordinance amendment is initiated; provided, that if within this three (3)-month period the board of trustees takes final action with reference to adopting the proposed amendment, the proposed amendment is considered to be in force and such permit may be issued if otherwise in compliance with all provisions of this zoning ordinance. If the board of trustees does not take final action on the proposed amendment within three (3) months of the date of initiation of the proposed ordinance amendment, the permit may be issued if it otherwise complies with this zoning ordinance. If within such three (3)-month period the board of trustees adopts an amendment to this zoning ordinance that prohibits such building, structure or use, no permit or license approving such building, structure or use may be issued.

      2.   If a permit for any building or structure, or a license for the conduct of any such business or use, has been issued before a proposed ordinance amendment has initiated by the board of trustees, but the business or use has not been established, or no substantial part of the construction has been completed at the time that the ordinance amendment is initiated, such license or permit is suspended and no action may be taken on such license or permit for a period of three (3) months after the proposed ordinance amendment has been initiated. If final action by the board of trustees is not taken on the proposed amendment within three (3) months, the rights under the permit or license may be exercised. If within such three (3)-month period the board of trustees adopts an ordinance amendment prohibiting the use of building or structure on the site involved, no permit or license approving such building, structure or use may be issued.

   C.   Violations: The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in Section 10-1-3. (Ord. 2025-1446, 10-9-2025)

The board of trustees is expressly authorized to avoid the preemptive force of any provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by any one or more of the following actions:

   A.   Changing the policy or practice that results in a substantial burden on religious exercise;

   B.   Retaining the policy or practice and exempting the substantially burdened religious exercise;

   C.   Providing exemptions from the policy or practice for applications that substantially burden religious exercise; or

   D.   Using any other means to eliminate the substantial burden on religious exercise. (Ord. 2025-1446, 10-9-2025)

The zoning official has the following powers and duties:

   A.   Interpreting and administering the provisions of this zoning ordinance;

   B.   Conducting needed inspections of structures and uses of land to determine compliance with this zoning ordinance;

   C.   Notifying persons responsible for violating this zoning ordinance;

   D.   Taking appropriate actions to ensure compliance with this zoning ordinance and remedying violations of its provisions, including:

      1.   Ordering discontinuance of any illegal use of land or structures;

      2.   Ordering removal of illegal structures and additions or alterations thereto;

      3.   Ordering discontinuation of work being done in violation of zoning ordinance provisions;

   E.   Maintaining permanent and current records of this zoning ordinance, including all zoning map, amendments, planned unit developments, special use permits, and variances;

   F.   Maintaining a records of permits, certificates, and copies of notices of violation and orders of discontinuances or removal for such time as necessary to ensure continuous compliance with zoning ordinance provisions;

   G.   Receiving and processing all applications for permits and development approvals under this zoning ordinance;

   H.   Providing technical assistance and support to the board of trustees, and the plan commission/zoning board of appeals; and

   I.   Exercising other powers and performing other duties as specified or necessarily implied by the provisions of this zoning ordinance. (Ord. 2025-1446, 10-9-2025)

Each portion of this zoning ordinance is considered separable. If any portion of this zoning ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects or diminishes the validity of the remainder of the zoning ordinance. (Ord. 2025-1446, 10-9-2025)