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South Barrington City Zoning Code

CHAPTER 6

ACCESSORY USES AND STRUCTURES

10-6-1: GENERALLY APPLICABLE REGULATIONS:

   A.   Accessory Uses Allowed: Accessory uses and structures are allowed only in connection with lawfully established principal uses.
   B.   Allowed Uses and Structures:
      1.   Allowed accessory uses and structures are limited to those expressly regulated in this chapter as well as those that, in the determination of the zoning official, satisfy all the following criteria:
         a.   They are customarily found in conjunction with the subject principal use or principal structure;
         b.   They are subordinate and clearly incidental to the principal use of the property; and
         c.   They serve a necessary function for or contribute to the comfort, safety, or convenience of occupants of the principal use.
      2.   Detached garages and sheds are expressly prohibited in the village unless attached to the principal building by a roofed structure and constructed of the same exterior building materials as the principal building.
      3.   Fences and walls are prohibited as accessory structures except as otherwise expressly allowed or required by specific provisions of this zoning ordinance (e.g., swimming pool fences and pool equipment).
   C.   Time of Construction and Establishment:
      1.   Accessory uses may be established only after the principal use of the property is in place.
      2.   Accessory structures may be established in conjunction with or after the principal building or use. They may not be established before the principal building or use is in place.
   D.   Location: Accessory uses and structures must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
   E.   Compliance with Lot and Building Regulations: Unless otherwise expressly stated, accessory uses and structures are subject to the same lot and building regulations as apply to principal uses and buildings. See also the provisions governing allowed yard obstructions (Section 10-15-6C) and exceptions to height limits (Section 10-15-8B). (Ord. 2025-1446, 10-9-2025)

10-6-2: ACCESSORY DWELLING UNITS:

   A.   General Regulations: All accessory dwelling units (ADUs) must comply with the regulations of this subsection.
      1.   Zoning District Regulations: Accessory dwelling units are subject to all applicable regulations of the zoning district in which they are located, unless otherwise expressly stated in this section.
      2.   Where Allowed: Accessory dwelling units are allowed only on lots occupied by a detached house.
      3.   Occupancy: Accessory dwelling units may be occupied only by members of the family who occupy the principal dwelling unit or by caregivers or employees of the family who occupy the principal dwelling unit.
      4.   Number: No more than one accessory dwelling unit is allowed per lot.
      5.   Methods of Creation: Accessory dwelling units must be located within the principal building (house), and may be created through any of the following methods:
         a.   Converting existing floor area within the interior of a principal dwelling unit (e.g., attic or basement) into an ADU;
         b.   Adding floor area to an existing dwelling unit to accommodate an ADU;
         c.   Constructing a new principal dwelling unit that contains an accessory dwelling unit.
      6.   Location of Entrances: Only one entrance door to a house containing an accessory dwelling unit may be located on the façade of the house that faces a street unless the house had an additional street-facing entrance before the accessory dwelling unit was created.
      7.   Size: The floor area of an ADU may not exceed the gross floor area of the principal dwelling unit on the subject lot (excluding any garage), or one thousand (1,000) square feet, whichever is less.
      8.   Parking: No additional parking is required for an accessory dwelling unit. Any existing required parking for the principal dwelling unit must be maintained or replaced on-site.
      9.   Building Permit Approval: Before the issuance of a building permit for the construction of a new accessory dwelling unit, plans must be reviewed and approved by the building official to determine compliance with all applicable building and life safety codes.
   B.   Building Additions: The regulations of this subsection apply to all building additions proposed to be occupied by ADUs.
      1.   Exterior Finish Materials: The exterior finish material must be the same or visually match in type, size and placement, the exterior finish material of the remainder of the house.
      2.   Roof Pitch: The roof pitch must be the same as the predominant roof pitch on the remainder of the house.
      3.   Trim: Trim elements on the building addition to must be the same in type, size and location as the trim used on the remainder of the house.
      4.   Setbacks: Building additions are subject to compliance with all applicable building setback requirements.
   C.   Deed Restriction:
      1.   Before issuance of a building permit to establish an accessory dwelling unit, the owner of the subject property must file an affidavit with the village administrator and record a deed restriction stating that the owners of the subject property agree:
         a.   To comply with the rental prohibition and other applicable restrictions of this chapter; and
         b.   To notify all prospective purchasers of such requirements.
      2.   The deed restriction runs with the land and is binding upon the property owner, their heirs and assigns, and upon any parties subsequently acquiring any right, title, or interest in the property. The affidavit and deed restriction must be in a form prescribed by the village administrator. (Ord. 2025-1446, 10-9-2025)

10-6-3: AC COMPRESSORS AND STANDBY POWER GENERATORS:

Air conditioner compressors and generators used for purposes of standby (emergency backup) electrical power are permitted in all zoning districts subject to the following regulations:
   A.   AC compressors and generators must be located within an interior side yard or rear yard and may project into required interior side or rear setbacks if such equipment is located within five feet (5') of the side or rear wall of the principal building. However, compressors and generators may not encroach more than five feet (5') into a required side setback or ten feet (10') into a required rear setback.
   B.   Compressors and generator cabinets must be screened from view of public rights-of-way and abutting lots with year-round landscaping material.
   C.   Standby power generators must be enclosed by a sound attenuation box or cabinet that does not exceed thirty (30) square feet in area or five feet (5') in height. Any noise reducing mufflers provided by the manufacturer must be utilized. (Ord. 2025-1446, 10-9-2025)

10-6-4: ALTERNATIVE ENERGY SYSTEMS:

   A.   General:
      1.   Regulations: It is unlawful to install any form of alternative energy system other than one permitted by the terms of this ordinance in the zoning district wherein such premises, building or structure is located.
      2.   Building Permit Required: A building permit must be obtained before the installation of any alternative energy system.
      3.   Location And Manner of Installation: All alternative energy systems must be installed in a location and manner so as not to be objectionable to the property occupants, adjoining property owners. Objectionable criteria include:
         a.   Appearance: Must be integrated in architecture of building.
         b.   Sound: Sound may not exceed fifty (50) dB at lot line.
         c.   Odor: No noxious odor detectable at lot line.
         d.   Discharge: No toxic discharge and all other waste products to be diluted in accordance with IEPA and OSHA rules and regulations.
         e.   Vibration: No measurable vibration at the lot line.
         f.   Documentation: Compliance with the above criteria must be demonstrated by acceptable scientific and engineering data and/or reports and are subject to verification testing by the village or its authorized agent.
      4.   Inoperable or Damaged Equipment: When any alternative energy system equipment has become inoperable or damaged for a period of one hundred and eighty (180) days or more, or otherwise violates the requirements of this ordinance, it is deemed abandoned. The owner of abandoned alternative energy system equipment must remove the alternative energy system equipment within thirty (30) days following the mailing of written notice that removal is required. If the abandoned facility is not removed within the time period required the village may remove all structures at the owner's expense. In the case of removal the village has the right to file a lien for reimbursement, for any and all expenses incurred by the village, without limitation, including attorney fees and accrued interest. Upon removal the site must be restored to the condition that existed before installation of the equipment.
   B.   Solar Energy Collection Panels and Solar Water Heating Systems (Solar Panels):
      1.   Solar systems are allowed on side or rear roof surfaces as set forth herein in any zoning district as permitted accessory uses. Freestanding and/or ground mounted solar panels and panel arrays are prohibited in all zoning districts.
      2.   Solar systems must be parallel to the roof, not extend beyond the roofline, and be integrated with the structure's architecture. Solar panels may not be located on a street-facing roof surface.
      3.   Solar surfaces may cover any amount of a side or rear roof surface, provided that they are incorporated into and made to appear as part of the roof, and do not cause glare to reflect onto neighboring properties.
      4.   All frame and visible structural parts of a solar panel must coordinate with the roof color.
      5.   Solar systems may not be artificially illuminated.
      6.   A building permit is required prior to erecting any solar collector system. Mounting for such solar systems must be in conformance with all electrical codes and building codes to ensure wind and weight loading requirements are met. Plans must be prepared and stamped by a licensed architect, professional engineer or structural engineer, and inspected by the building officer.
      7.   An emergency direct current (DC) disconnect switch must be provided in a location accessible outside near the electric meter to shut off such system in the event of an emergency.
      8.   Solar systems must be used primarily to generate energy for the property where it is located. This provision is not intended to restrict connection to or providing excess electricity to the utility provider.
   C.   Ground Source Heat Pump Systems (Geothermal Systems):
      1.   Open Loop Systems: Open loop systems are prohibited.
      2.   Closed Loop Systems: Geothermal heat pump systems are limited to a maximum below-ground depth of twenty feet (20').
      3.   System Testing: Pipes for geothermal systems permitted under this section must be tested hydrostatically at 1.5 times the maximum system design pressure, but not less than 100 psi (689 kPa), for a duration of not less than fifteen (15) minutes. All geothermal systems must be pressure checked by a licensed geothermal system contractor every five (5) years from the date of its initial successful test. Results must be filed with the building officer. If the test results show the system fails to meet these requirements, system shutdown and repairs must be made at the direction of the building officer.
      4.   Drilling: Any and all drilling associated with the installation of a ground source heat pump system must be performed by a certified geothermal drill operator.
   D.   Special Uses: Subject to the conditions and requirements of this section and upon special use permit approval, other future alternative energy systems may be considered for approval by the village. (Ord. 2025-1446, 10-9-2025)

10-6-5: ELECTRIC VEHICLE CHARGING STATIONS:

   A.   General:
      1.   Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses to lawfully established principal uses in all zoning districts.
      2.   Public EV charging stations are permitted as accessory uses to lawfully established principal nonresidential uses in all zoning districts.
   B.   Parking: Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements only if approved by the village.
   C.   Equipment: Vehicle charging equipment must be designed and located to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.
   D.   Signage: Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. (Ord. 2025-1446, 10-9-2025)

10-6-6: FLAGPOLES:

Flagpoles must be setback from lot lines a minimum distance equal to the height of the pole and sited so that the flag does not extend beyond any lot line. In no case may flagpoles exceed the maximum allowed building height regulation of the subject zoning district or forty feet (40'), whichever is greater. (Ord. 2025-1446, 10-9-2025)

10-6-7: HOME OCCUPATIONS:

   A.   Description: Home occupations are jobs or professions conducted as an accessory use to a residential dwelling unit the operation of which, under normal circumstances, would not be perceptible to residents of the neighboring area.
   B.   Purpose: The home occupation regulations of this section are intended to allow South Barrington residents to engage in customary home-based work activities, while also helping to ensure that neighbors are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods. The regulations seek to balance the objective of allowing residents to use their primary place of residence for limited work or business activities while protecting the subject neighborhood's residential character and neighborhood residents' quality of life.
   C.   Allowed Uses: The home occupation regulations of this section establish performance standards for all home occupations rather than listing specific home occupation uses that are allowed. Uses that comply with the home occupation standards of this section and are not expressly prohibited are allowed as of right.
   D.   Prohibited Uses: The following uses are expressly prohibited as home occupations:
      1.   Any type of assembly, cleaning, maintenance, painting or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers, or refrigerators);
      2.   Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;
      3.   Car rental businesses;
      4.   Equipment or supply rental businesses;
      5.   Taxi, limo, van, or bus services;
      6.   Tow truck services;
      7.   Taxidermists;
      8.   Restaurants;
      9.   Funeral or interment services;
      10.   Animal care, grooming or boarding businesses;
      11.   Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and
      12.   Any use that does not comply with regulations of this section.
   E.   Where Allowed: Home occupations are permitted as of right as an accessory use to a principal use in the household living use category.
   F.   General Regulations: All home occupations are subject to the following regulations.
      1.   Home occupations must be accessory and subordinate to the principal residential use of the property.
      2.   Home occupations that change the character of the residential building they occupy or that adversely affect the character of the surrounding neighborhood are prohibited. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood in South Barrington. Home occupations must be operated so as not to create or cause a nuisance.
      3.   Any tools or equipment used as part of a home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.
      4.   External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting, the addition of a separate building entrance that is visible from abutting streets, or the exterior display of signs.
      5.   Home occupations and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory building.
      6.   At least one individual engaged in the home occupation must reside in the dwelling unit in which the home occupation is located as their primary place of residence. No more than one non-resident employee is allowed with a home occupation. For the purpose of this provision, the term "nonresident employee" includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
      7.   No exterior storage or display of equipment or material is allowed.
      8.   No refuse in excess of the amount allowable for regular residential pick-up may be generated by any home occupation.
      9.   Only articles produced on-site by household members or employees engaged in the home occupation may be displayed within the dwelling unit. Direct sales and/or rentals of products off display shelves or racks is prohibited. However, a person may pick up an order previously made online or by other means.
      10.   No visitors in conjunction with the home occupation (e.g., clients, patrons, pupils, salespersons, etc.) are allowed between the hours ten o’clock (10:00) P.M. and eight o’clock (8:00) A.M. on Monday through Saturday. No visitors are allowed on Sunday. Additionally, no more than three (3) visitors per hour may avail themselves of a service provided by a home occupation, nor may more than six (6) visitors avail themselves during a twenty-four (24)-hour period, nor may more than twelve (12) visitors receive service in any single week.
      11.   No deliveries other than by mail, customary household delivery service (e.g., UPS, FedEx, Amazon) or other non-commercial vehicles may occur in conjunction with a home occupation. Neighborhood traffic circulation restricted by deliveries to a home occupation. Deliveries are limited to the hours of nine o’clock (9:00) A.M to five o’clock (5:00) P.M. Monday through Saturday.
      12.   No commercial vehicle may be parked otherwise present on the premises on which a home occupation is being conducted.
      13.   No parking associated with the conduct of a home occupation may occur in the public right of way above the level that is customarily associated with a residential use. Parking may not occur in a manner or frequency causing disturbance to the normal traffic flow of the existing neighborhood.
      14.   Home occupations may not involve construction features or the use of electrical or mechanical equipment that would change the level of fire hazard of the structure. No mechanical or electrical equipment may be used if such equipment is not customarily used for purely domestic, household, hobby or recreational purposes.
      15.   No home occupation and/or equipment used in conjunction with the home occupation may result the discharge of any odors, fluids, gases, particulate or solid waste material into the air or water or onto the land or any septic system or storm drain, swale or sewer other than those normally occurring in residential use, nor may a home occupation involve the use or storage of any pollutant, toxic chemical, poison, accelerant or any other chemical not normally used in a residence.
      16.   In addition to all other application regulations of this section, home occupations may not cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or welfare. Home occupations must also comply with all applicable local, state and/or federal regulations. (Ord. 2025-1446, 10-9-2025)

10-6-8: PRIVATE RESIDENTIAL RECREATIONAL STRUCTURES:

   A.   Treehouse structures accessory to a residential dwelling unit are allowed in rear yards only and are subject to the following requirements:
      1.   The area of the treehouse structure, measured around the entire perimeter, may not exceed one hundred (100) square feet.
      2.   The total height of any portion of the treehouse structure may not exceed twenty feet (20') from grade to the topmost part of the structure, and the lowest platform of the treehouse structure may not exceed the lower one-third of the height of the tree on which it is mounted.
      3.   A minimum setback of twenty feet (20') is required from any property line.
      4.   Treehouse structures that are visible from streets are prohibited.
   B.   Swing sets, jungle gyms and similar open-air (unenclosed) recreational equipment accessory to residential dwelling units are allowed in rear yards only and are subject to the following requirements:
      1.   The area of all such recreational equipment may not exceed one hundred and fifty (150) square feet, as measured around the entire perimeter.
      2.   The total height of any portion of the equipment may not exceed fifteen feet (15').
      3.   A minimum setback of ten feet (10') is required from any property line, as measured from any projecting element, including the arc of a swing or other movable portion of the equipment.
      4.   Recreational equipment visible must be located so that it is not visible from a street. (Ord. 2025-1446, 10-9-2025)

10-6-9: SWIMMING POOLS AND HOT TUBS:

The regulations of this section apply to all private residential swimming pools and hot tubs.
   A.   General: Private, in-ground residential swimming pools and in-ground and above-ground hot tubs are subject to the regulations of Title 8, Chapter 4 of the village code ("Swimming Pools"). Above-ground swimming pools are prohibited.
   B.   Location:
      1.   Private residential swimming pools, hot tubs, and pool barrier fences must be located behind the principal building (house). They are prohibited within any portion of a street yard or side yard and must comply with the minimum rear setback requirements of the zoning district in the property is located.
      2.   Private residential swimming pools must be located within twenty feet (20') of the foundation of the principal house building and be set back at least thirty feet (30') from all property lines and at least twenty-five feet (25') from the nearest septic field absorption line and septic tank. All pool location measurements must be taken from or to the edge of the swimming pool water.
      3.   Spas and hot tubs:
         a.   Must be located so that the water's edge is within twelve feet (12') of the foundation of the principal house building.
         b.   May not exceed eight feet by eight feet by thirty-nine inches (8' x 8' x 39") in dimension. Any hot tub with a dimension greater than eight feet by eight feet by thirty-nine inches (8' x 8' x 39") is prohibited at grade level and is required to be installed in-ground.
         c.   May be located within a pergola or pavilion if the edge of the water is within twelve feet (12') of the principal building's foundation.
         d.   Must be screened from view from adjacent property by masonry, hardscape materials and/or landscaping materials. The minimum height of at-grade hot tub screening must equal or exceed the height of the hot tub skirt. Masonry screening may not exceed four feet (4') in height.
         e.   All hot tubs must have a lockable cover capable of supporting a weight of at least two hundred pounds (200 lbs.)
         f.   Each hot tub installation permit application must first be approved by subject property owner's association and the Village Architectural Control Committee.
   C.   Swimming Pool Enclosures:
      1.   All private residential swimming pools must be completely enclosed by a fence or similar barrier that complies with the regulations of Title 8, Chapter 4 of the village code. A principal residential building located on the same property as the swimming pool may be used as one or more of the sides of the required swimming pool enclosure.
      2.   Pool enclosure fences or walls must be located within sixteen feet (16') of the edge of the required four-foot (4') walk area surrounding the pool.
      3.   The total ground area contained within the swimming pool enclosure, excluding the swimming pool and the required four-foot (4') walk area, may not exceed one thousand two hundred and fifty (1,250) square feet.
      4.   Swimming pool fences must be located behind the principal building (house).
   D.   Swimming Pool and Hot Tub Equipment:
      1.   Swimming pool and hot tub equipment (e.g., pumps, filters, heaters, pool water disinfection and purification equipment) must be located within the rear yard or an interior side yard. Such equipment may encroach up to five feet (5') into a required side setback or up to ten feet (10') into a required rear setback, but only if the equipment is located within five feet (5') of the side or rear wall of the principal building.
      2.   Above-ground equipment must be screened from view of public rights-of-way and abutting lots with year-round landscaping material or by a wood fence not exceeding four feet (4') in height and not located more than eighteen inches (18") from the outer perimeter of the equipment being screened from view. (Ord. 2025-1446, 10-9-2025)

10-6-10: VEHICLE PARKING AND STORAGE:

   A.   Commercial Vehicles and Equipment: Commercial trucks, trailers and contractors' equipment or tools may not be parked or stored, except in an enclosed garage on any residential premises classified in a residential zoning district, except when making an active delivery, actively rendering a service, or parked in a fully enclosed garage at such premises.
   B.   Recreational Vehicles: Recreational vehicles may be temporarily parked or stored in a residential zoning district only in accordance with section 6-4-3, "Recreational Vehicles" of the South Barrington village code. Longer term parking and storage of boats or recreational vehicles is allowed in residential zoning districts only if such parking or storage occurs within a completely enclosed garage, provided that boats may be stored on private lakes designed for such purposes or on the shoreline of such private lakes if:
      1.   Such boats are in sound operating condition;
      2.   On-shore storage does not include a boat trailer;
      3.   Any boats stored on-shore are set back no more than five feet (5') from the shoreline; and
      4.   On-shore boat storage is screened from view of abutting lots and rights-of-way by dense year-round landscape material.
   C.   Temporary Construction Office or Shelter: Mobile homes may be used for temporary offices or shelters incidental to construction or development of parcels within a subdivision. Such mobile home may be placed within the subdivision boundary only during the time construction or development is actively underway, and in no event may such mobile home be located on the premises for a period of more one year unless a special use permit is granted by the board of trustees. No more than one mobile home for such purpose is permitted within any subdivision. (Ord. 2025-1446, 10-9-2025)