Certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory and not directory.
ACCESSORY AGRICULTURAL USES TO EQUESTRIAN USES: For properties which have a primary intended use and are actively using the property for equestrian uses, the following accessory uses are also permitted: Agricultural/farm use of land and buildings and structures for the purpose of: a) growing and harvesting of hay, grain and similar crops and growing and harvesting of plants, trees and/or forestry activities and/or b) feeding, breeding, keeping, raising and management of livestock, poultry and farm animals as otherwise permitted by the Village Code.
ACCESSORY STRUCTURE: A. One which:
1. Is subordinate to and serves a principal building or principal use;
2. Contributes to the comfort, convenience or necessity of occupants of the principal building and principal use served;
3. Is located on the same zoning lot as the principal building or principal use; and
4. The exterior of which is clad in wood, stucco or brick only, except for greenhouses, and therefore, any metal or plastic exterior materials on an accessory structure are prohibited.
B. "Accessory structures" include, but are not limited to:
Barns
Children's playhouses
Domestic storage
Garden houses
Gazebos
Greenhouses
Playground equipment
Sheds
C. These structures, except barns, shall not exceed one story in height, with a maximum building height of fifteen feet (15'), and not to exceed two hundred fifty (250) square feet in area; barns shall not exceed seven hundred fifty (750) square feet in size.
ACCESSORY VEHICULAR STORAGE STRUCTURE: A. Includes, but is not limited to, structures for storage of:
All-terrain vehicles
Boats
Buses
Cars
Go-carts
Golf carts
Jet skis
Motor homes
Motorcycles
Snowmobiles
Tent campers
Tractors
Travel trailers
Truck trailers
B. These structures shall have a maximum building height of fifteen feet (15'), with a maximum area of seven hundred fifty (750) square feet.
ACRE: An acre of land is forty three thousand five hundred sixty (43,560) square feet.
ANTENNA: Any tower, dish or other structure or device, any part of which structure is used for transmitting or receiving RF (radio frequency) signals.
A. No antenna shall exceed the height limitation for structures within the zoning district within which it is located; provided, however, that as to antennas owned and operated by amateur radio operators holding valid federal communications station licenses ("amateur radio antennas") (but only during such time as such license remains in effect and while said antenna is owned and operated by such licensee), the highest point of any part of such ground based antennas shall not exceed sixty five feet (65') from the ground level at the point of installation, or if roof mounted, fifteen feet (15') above the highest point of any building upon which it is located, except that nondirectional antennas may be twenty five feet (25') above such highest point. Notwithstanding the foregoing, ground based antennas, as part of cellular, personal communications services (PCS) and other wireless telecommunications service facilities (hereinafter called "cellular") shall not exceed two hundred feet (200') in height from the ground level at the point of installation.
B. The following apply to all ground based or roof mounted antennas, except cellular, unless a variance is obtained for such use pursuant to the provisions of this code:
1. No ground based antenna shall be installed in the front yard of any residential building located on the property, and no roof mounted antenna shall be on a wall, side or roof of a building which faces the front yard of the property.
2. No ground based antenna shall be installed within one hundred feet (100') of wetlands, prairies, streams or other areas of environmental concern as otherwise provided by this code.
3. No ground based antenna and no roof mounted antenna shall be installed closer than the length of the antenna plus ten feet (10') to any overhead wires or power lines.
C. In the event a variation is applied for from the provisions of this definition, the Zoning Board of Appeals and the corporate authorities shall conduct an analysis pursuant to the standards of the federal communications commission (FCC) rules and guidelines and pursuant to state law. The analysis shall balance the interest of the FCC in promoting amateur operations and the legitimate interests of the Village. In considering the application, the Zoning Board of Appeals and, subsequently, the Board of Trustees shall make factual finding based on the following criteria and, where appropriate, attempt to negotiate a satisfactory solution with the applicant and other interested property owners:
1. Compliance with the minimum zoning requirements of the zoning district in which the use is to be established, and with all other applicable requirements.
2. Harmony with the character of the neighborhood and compatible with the surrounding area.
3. Consistency with the Village's comprehensive plan.
4. Consideration of the aesthetic and environmental quality of the Village as to location, design or upgrading of the antenna so as to minimize any significant impacts, with all possible alternative locations being considered.
5. Consolidation of multiple communication facilities onto common towers, when feasible and not otherwise detrimental, is encouraged.
6. Consideration of issues of an over intensive use of land or depletion of natural resources.
7. Consideration of traffic hazards.
8. Consideration of any significant air, odor, water or noise pollution.
9. Consideration that the antenna be painted, landscaped, buffered and screened in order to cause the least possible impact to the neighborhood.
10. Considerations that the antenna will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the Village.
11. That reasonable consideration has been given to alternative sites and/or designs and the proposal is the most acceptable alternate to the Village (i.e., are there other locations in the area where proposed tower of this height would be more compatible and could be approved?).
ARTIFICIAL LIGHTING: No artificial lighting may be installed on golf courses, tennis courts or other outdoor recreational facilities other than security lighting necessary for the safety and protection of persons and property; except, that the Zoning Board of Appeals may recommend to the Board of Trustees a variation to provide for artificial lighting for recreational facilities for property zoned golf course and club, and the variation may be limited as deemed advisable, subject to the approval of the Board of Trustees.
BASEMENT: A story having part but not less than two-thirds (2/3) of its height below grade. A "basement" shall not be counted as a story for the purposes of height regulation.
BOAT: A vessel of any dimension designed and constructed for water travel by one or more persons, whether engine, sail or paddle propelled.
BUILDING, HEIGHT OF: The vertical distance, as measured from the predevelopment grade of a property, to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge, for gable, hip and gambrel roofs. Chimneys and stack pipes are excluded in determining the height of the building.
BUILDING OR STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, pergolas, swimming pools, radio and television receiving and transmission towers or antennas (including antennas for home television and radio receiving sets).
BUS: A motorized vehicle designed to be used for the transportation of ten (10) passengers or more.
CAMPER TRAILER: A vehicular, portable structure built on a chassis of metal welded unit body with the superstructure made in part or in whole of canvas and metal frame which is used for camping or recreation.
DISTRICTS: A section or sections of the Village of North Barrington for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
EQUESTRIAN USES: The following uses involving or relating to horses and ponies, whether the uses are for the exclusive use of the property owner or made available for hire to others:
Boarding
Exercising
Grooming
Riding lessons
Stabling
FAMILY: Excepting domestic employees, any number of persons related by blood, marriage or operation of law, or not to exceed one person not so related, living together in a room or rooms comprising a single housekeeping unit.
GOLF COURSE: A tract of land intended for playing golf, including fairways, greens, tees and rough, of not less than one hundred (100) acres. Clubhouses and other accessory buildings incidental to the operation of a golf course, as well as tennis courts, may be located on a golf course, providing their location, construction and use comply with all other ordinances and this code. No other outdoor game or related activity shall be allowed at a golf course.
HAULER TRAILERS: A vehicular, portable structure for utility or recreational use, built on a chassis with or without superstructure, made in part or whole of plastic, wood or canvas and metal frame except for conveyance type equipment required for routine site maintenance.
HOME OCCUPATIONS: A business, service or profession carried on only within the dwelling by members of the immediate family, residing therein; providing, that no article is sold or offered for sale on the premises other than occasional sales which do not create unusual traffic or congestions. Studios of artists and sculptors are deemed "home occupations" if they otherwise qualify under the preceding sentence, but clinics, doctors' offices, hospitals, nursing homes, barbershops, beauty parlors, dress shops, millinery shops, tearooms, restaurants, tourist homes, animal hospitals and kennels, nurseries, landscapers, lawn care services, lawn maintenance, among others, shall not be deemed to be "home occupations".
INOPERABLE VEHICLE: Any automobile, truck, motorbike, motorcycle, recreational vehicle or any other motor vehicle which, for mechanical or physical reasons, is not capable of normal operation and mobility.
LOT COVERAGE RATIO: The ratio (sometimes herein "LCR"), expressed as a percentage, of the total area of building footprint, dog runs, swimming pools and immediate appurtenances to swimming pools as required by the Village code, tennis courts and other accessory structures, to the lot size; provided however, that any portions of dog runs and tennis courts which are constructed of materials which the Zoning Board of Appeals determines allow absorption of water so as to prevent significant runoff shall not be included in calculating such ratio of lot coverage. The Zoning Board of Appeals shall make such determination, or decline to do so, on the application of the property owner or the agent of such owner at a public meeting but without the requirement of public hearing and without mailed or published legal notice being required. The determination of the Zoning Board of Appeals shall be final. Every determination to consider certain materials permeable shall be by resolution of the Zoning Board of Appeals which shall be recorded in the office of the Recorder of Lake County. The calculation of LCR shall be pursuant to subsection 10-6-1C, 10-6-2C or 10-6-3C of this title, as may be applicable.
LOT LINE, FRONT: The front lot line shall be the line which abuts the street right of way, alley or private easement for ingress or egress. In order to determine the lot width at the front lot line on a corner lot of a public street, the shorter of the lot lines shall be designated as the front lot line.
LOT OF RECORD: A lot which was a part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds, or a parcel of land created by a deed so recorded, both prior to the date of the adoption of the original zoning ordinance of the Village, or any lot or parcel thereafter recorded which conformed to this zoning ordinance of the Village when so recorded.
MOBILE HOME: A structure designed for permanent habitation and so constructed as to permit its transport from the place of its construction to the location or subsequent location at which it is intended to be a permanent home and designed to permit the occupancy thereof as a dwelling place for one or more persons. Even if such structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug permanently removed, it shall be construed as a "mobile home". A "mobile home" may be with or without mechanical power.
MODULAR MANUFACTURED HOME: A dwelling manufactured off site which complies with the provisions of the international residential code.
MOTORIZED HOME: A motorized vehicle (portable) designed and constructed for either occasional or continuous habitation or commercial use of sixteen feet (16') or more in length.
NONCONFORMING USE OF BUILDING OR STRUCTURE: Any use, building or structure lawfully existing at the time of passage of the original zoning ordinance of the village or any amendment thereto, or located in any territory heretofore or hereafter annexed, which does not conform to the use regulations of the district in which it is situated as such use regulations are prescribed by this zoning ordinance and amendments thereto.
PICKUP COACH: A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation or vacation uses.
PREDEVELOPMENT GRADE: The highest point of the ground which is located within two feet (2') of any portion of the proposed foundation or which is located adjacent to the foundation, whichever is lower. "Ground" means the elevation of the land at the location of the proposed building or structure as it existed at the time of creation of the subdivision in which it is located, if known, or as it existed one year prior to the date of application for a building permit, whichever is earlier.
RECREATIONAL VEHICLE: A vehicle or other similar facility used primarily for recreational purposes or licensed as such by the secretary of state. Such a vehicle includes, but is not limited to, travel trailer, pickup coach, camper trailer, and motorized home. Included in this classification are all vehicles registered in another state which, if titled in this state, would qualify for such recreational plates.
ROAD OR STREET: Property dedicated or acquired for public use and all dedicated easements, including alleys, intended for travel by persons or vehicles.
SHORT TERM RENTALS: The rental of a residence or part thereof to one or more persons who are not related to one of the owners of the residence by blood or marriage or adoption pursuant to a verbal or written agreement, for a period of less than ninety three (93) consecutive days.
SOLAR COLLECTION DEVICE: Any device designed to collect solar rays and convert said rays into energy designed for heating or electrical use.
A. "Solar collection devices" shall be permitted if they are built into the roof or wall surface and do not project beyond the building plane which the building would have without such collection device.
B. Devices not meeting this requirement may be allowed, provided said installation is at ground level and totally shielded from view of other properties and public streets. Such shielding may be provided by the residence on the property, fencing which meets the requirements of all ordinances, garages, storage buildings which meet the requirements of all ordinances, or landscaping and plantings where such landscaping and plantings provide a year round shielding.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: See definition of Building Or Structure.
TRAILER: A vehicular, portable structure designed or used for the storage or transporting of materials or a nonself-propelled wheeled vehicle that is towed or pulled and equipped to serve wherever parked as a dwelling, place of business or for the storage or transporting of materials.
TRAVEL TRAILER: A vehicular, portable, nonmotorized structure built on a chassis and designed to be used as a temporary habitation during travel, recreational, vacation or commercial use.
TRUCK: A motorized vehicle designed and constructed for the transportation of goods, materials and items other than passengers. (1977 Code § ZR-2-1; amd. Ord. 874, 9-24-2001; Ord. 913, 3-31-2003; Ord. 1001, 4-28-2003; Ord. 1073, 5-24-2006; Ord. 1104, 8-23-2006; Ord. 1165, 9-30-2009; Ord. 1292, 9-28-2016; Ord. 1336, 10-24-2018)