(A) All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this zoning title which are applicable to the zoning districts in which such buildings, uses or land shall be located.
(B) However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of compliance by the use for which originally designated, subject thereafter to the provisions of chapter 9, "Nonconforming Buildings, Structures, Uses", of this title.
(C) Where the enforcing officer has issued a permissive use permit, a special use permit or a permit for a variation pursuant to the provisions of this zoning title, such permit shall become null and void unless work thereon is substantially under way within six (6) months of the date of the issuance of such permit by the enforcing officer.
(D) A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six (6) months for any reason.
(E) No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in a business or the light industrial district, or used for any purpose not permitted in a residence district. (Ord. 63-1, 4-1-1963)
(F) No building permit, as required by the ordinance codified herein, shall be issued for any building to be constructed on any tract, parcel, or lot that is not in compliance with 765 Illinois Compiled Statutes and village subdivision regulations and other applicable ordinances except on a lot of record, as defined herein. Parcels exempt from the requirements of 765 Illinois Compiled Statutes and village subdivision regulations 1 shall not be deemed to be in compliance with other requirements of this code.
(G) Non-commercial Event Facility: The intent of this subsection is to protect the public health and safety of citizens of the village and to promote the general welfare of the citizens residing in the village by encouraging the use of properties within the village for use as defined in section 5-5-3(A), provided that such use does not violate the peace, quiet and domestic tranquility within all residential neighborhoods within the village including, but not limited to, guaranteeing to all citizens residing in the village freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible adverse effects of operating a non-commercial event facility in residential districts.
1. Authorization: Subject to the limitations of this subsection, any non-commercial event facility shall be permitted as a special use in the R-1 zoning district under subsection 5-5-3(A) of this title and in accordance with the requirements of 5-10-7 of this title. Any special use permit issued for a non-commercial event facility shall be issued to the owner of the property at the time an application is approved and shall not run with the land. Any change in ownership, including the change of a majority of members of any trust, LLC or other corporate ownership (as defined at the time of approval), shall require the new owners to apply for a new special use.
2. Definition: Non-commercial event facility as accessory only to single-family detached dwellings, which are owner occupied. In no event shall any stand-alone structure housing a non-commercial event facility be larger in floor area than the existing single-family dwelling on site. Such use allows the use of permanent structures or facilities to accommodate events, parties, art or cultural exhibitions, lectures, conferences, theatrical productions, or other scheduled and periodically held private non-commercial events. Non-commercial event facility does not limit the use of property for events held strictly for the benefit of the owner of the property (e.g., family wedding, birthday, etc.).
3. Standards:
a. Minimum lot area of 20 acres (may be one or more parcels under single ownership). If ownership of any parcel included in the special use is transferred, the special use shall cease to be valid. Ownership information and contact information for the property shall be submitted annually with the site security and traffic management plan (5-3-4(G)3.d.(1))
b. Road Frontage: At least one of the lots used for a non-commercial event facility (in the event more than one lot is used) shall front and have direct access to a public roadway.
c. Setbacks:
(1) Minimum three hundred foot (300') setback from public right-of-way to any buildings or structures used as a non-commercial event facility.
(2) Minimum three hundred foot (300') setback from front, side or rear lot line to buildings or structures used as a non-commercial event facility.
d. Number Of Attendees:
(1) No events exceeding fifty (50) participants may be conducted at a non-commercial event facility unless conducted in accordance with a site security and a traffic management plan previously filed and approved by the Chief of Police of the Village of Barrington Hills. One plan for all events to exceed fifty (50) participants may be submitted on an annual basis, which plan shall govern all such events held in the year of plan approval. Any change to an approved site security and traffic management plan must be submitted for approval by the Chief of Police of the Village of Barrington Hills and the Director of Fire Prevention or Fire Marshal. Cost of the village's annual review and approval or for the review of a prior approved plan shall be one hundred dollars ($100.00), in addition to any annual fee to be set by the Director of Fire Prevention or Fire Marshal. The plan shall be submitted annually for approval prior to January 1 to stay in good standing.
(2) No activities in a non-commercial event facility exceeding sixty (60) attendees may be conducted:
A. More than twenty (20) times in any one calendar year, limited to two (2) events on alternating weeks each month; nor
B. Sunday through Thursday except between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M., and in such instance, all non-residents of the property must vacate the premises no later than eleven o'clock (11:00) P.M.; nor
C. Friday and Saturday except between the hours of eight o'clock (8:00) A.M. and eleven o'clock (11:00) P.M., and in such instance, all non-residents of the property must vacate the premises no later than twelve o'clock (12:00) A.M.
e. Occupancy Limits: The Director of Fire Prevention or Fire Marshal with jurisdiction shall recommend a maximum occupancy based on the specific buildings and property to be used as a non-commercial event facility, but in no case shall the occupancy of the property with a non-commercial event facility exceed three hundred fifty (350) persons.
f. Kitchen Facilities: No kitchen for cooking of food for events held at a non-commercial event facility is permitted, with the exception of equipment for warming or holding of prepared food brought to the site to be consumed at that event.
g. Parking:
(1) No stacking or parking for any event at a non-commercial event facility shall be permitted on any public roadway.
(2) On-site parking or remote parking with a shuttle bus shall be provided to accommodate the maximum number of individuals attending any one event. Parking on the property is allowed on an unimproved surface.
(3) All parking shall be at the direction and supervision of the owner of the property or his/her designee and shall be conducted so as to prohibit the disruption of traffic on the adjacent roadway.
(H) Signage:
1. No permanent signs, other than those permitted within the R-1 zoning district shall be allowed.
2. Temporary on-site directional signage to direct traffic shall be permitted during the event.
(I) Refuse: All refuse generated by each use of the non-commercial event facility must be contained on-site and must be properly disposed of so as not to create a nuisance.
(J) Alcohol: No alcohol shall be permitted to be served during events at a non-commercial event facility unless it is served in accordance with State and local laws and ordinances.
(K) Gaming: No gaming or raffles shall be permitted to take place at a non-commercial event facility unless in accordance with State and local laws and ordinances and Title 3, Chapter 7 of this code.
(L) Fireworks: Any use of fireworks in conjunction with planned activities on the property shall comply with the village code.
(M) Additional Performance Standards:
1. Property to be used for a non-commercial event facility shall adhere to the zoning code lighting standards set forth in section 5-3-13. (Ord. 84-5, 3-26-1984; amd. Ord. 21-04, 4-26-2021)
Notes
| 1 | 1. See title 6 of this code. |