Kane County Reporter

The Barrington Hills Board of Trustees met Dec. 7 to adopt a zoning code.

Here is the meeting's agenda, as provided by the board:

112 Algonquin Road ~ Barrington Hills, IL 60010-5199 ~ 847.551.3000 VILLAGE OF BARRINGTON HILLS Board of Trustees NOTICE OF SPECIAL MEETING Wednesday, December 7, 2016 ~ 6:30 pm Countryside Elementary School ~ 205 W. County Line Road AGENDA 1. Call to Order & Roll Call 2. Pledge of Allegiance 3. Public Comment 4. [Vote] Amending Title 5, Zoning Regulations Set Forth in Chapter 2, 3, 5 and 10 Regarding Horse Boarding - James J. Drury Text Amendment Ord. 16 - 5. [Vote] Amending Title 5, Zoning Regulations Set Forth in Chapter 2, 3, 5 and 10 Regarding Horse Boarding - Zoning Board of Appeals Text Amendment Ord. 16 - 6. Adjournment NOTICE AS POSTED James J. Drury Text Amendment Ordinance 16 – Note: A favorable vote of 2/3 of all members of the BOT is required to adopt this Ordinance. §5-10-6(G)2 1 AN ORDINANCE AMENDING TITLE 5, ZONING REGULATIONS SET FORTH IN CHAPTERS 2, 3, 5 AND 10 REGARDING HORSE BOARDING – JAMES J. DRURY TEXT AMENDMENT WHEREAS, the Village of Barrington Hills (hereinafter the “Village”) is a duly organized and existing Illinois home rule municipality pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, the Village of Barrington Hills is authorized and empowered, under the Municipal Code and the Code of Ordinances of the Village of Barrington Hills, to regulate properties located within the municipal boundaries of the Village; and WHEREAS, in furtherance of this authorization, the Village of Barrington Hills has adopted a zoning code, set forth in Title 5 Zoning Regulations of the Village’s Municipal Code to, among other purposes, effectuate the Village’s planning program and to regulate individual property use by establishing use districts, building site requirements, setback, density, parking and height regulations, and by specifying external impact standards for noise, smoke, odor, glare and vibration; and WHEREAS, Section 5-10-6 of the zoning code of the Village of Barrington Hills authorizes the Village Zoning Board of Appeals to recommend in writing, upon the making of appropriate findings of fact, and the Board of Trustees to approve, amendments to the text of the zoning code; and WHEREAS, horse boarding is regulated in the Village, as set forth in the zoning code, and WHEREAS, upon review of the Title 5 Zoning Regulations, and particularly, its authorization regarding horse boarding, the Village’s Zoning Board of Appeals received an Application for amendment to the existing text concerning horse boarding; and WHEREAS, the Application was tendered for consideration by resident James J. Drury III in accordance with Section 5-10-6 of the zoning code, which Application (“Drury Text Amendment”) is attached hereto and made a part hereof by reference as Exhibit “A;” and WHEREAS, Notice of Public Hearing with respect to the Drury Text Amendment was published in the Daily Herald Newspaper in the Village of Barrington Hills, and additional notice of the Hearing was provided via personal notice as set forth in the record of the public hearing of the Drury Text Amendment, all as required by the statutes of the State of Illinois and the ordinances of the Village; and WHEREAS, pursuant to said Notice, the Zoning Board of Appeals of the Village of Barrington Hills conducted a Public Hearing on the Drury Text Amendment commencing on June 18, 2016, and continuing thereafter from time to time, as required by the statutes of the State of Illinois and the ordinances of the Village, and after hearing the Application, the Zoning Board of Appeals voted unanimously against recommending approval of the Drury Text Amendment, said vote resulting in a recommendation to deny the application; and WHEREAS, the Zoning Board of Appeals has forwarded its findings and recommendation in regard to the Drury Text Amendment to the Village Board, in the Findings and Recommendation, attached hereto and incorporated herein by reference as Exhibit “B;” and Ordinance 16 – Note: A favorable vote of 2/3 of all members of the BOT is required to adopt this Ordinance. §5-10-6(G)2 2 WHEREAS, the President and Village Board of Trustees has considered the matter and determined that the recommended text amendment to Title 5 Zoning Regulations relative to horse boarding be approved, as such action is believed to be in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Barrington Hills, a home rule community located in Cook, Lake, Kane and McHenry Counties, Illinois, duly assembled at a regular meeting, as follows: SECTION ONE: That the forgoing recitals are hereby incorporated by reference as if fully set forth herein. SECTION TWO: That Title 5 Zoning Regulations, Chapters 2, 3, 5 and 10 be amended as set forth in Exhibit “A.” SECTION THREE: That all other ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, are, to the extent of such conflict, expressly repealed. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Ayes: Nays: Absent: PASSED AND APPROVED by the President and Board of Trustees of the Village of Barrington Hills, Illinois, this 7 th day of December, 2016. ATTEST: ____________________ Village Clerk ____________________ Village Clerk APPROVED: ____________________ Village President ____________________ Village President Ordinance 16 – Note: A favorable vote of 2/3 of all members of the BOT is required to adopt this Ordinance. §5-10-6(G)2 3 EXHIBIT A DRURY TEXT AMENDMENT Page 1 of 11 PETITION FOR TEXT AMENDMENTS TO THE VILLAGE OF BARRINGTON HILLS ZONlNGCOD.E May 10, 2016 To: Ken Garrett, Zoning Enforcement Officer, Village of Barrington Ilills, Illinois The undersigned, James J. Drury III, a landowner and resident of the Village of Barrington Hills, Illinois ("Village"), with an address of 7 Deepwood Road. and affected by the subject matter addressed herein hereby petitions the Village for the following Text Amendments to the Village Code (hereafter, "Zoning Code"), and request that a Zoning Board of Appeals ("ZBA") notice of hearing on these amendments be published as prescribed by code no later than May 26, 2016 and hearing on such amendment be held on June 20, 2016 or as soon thereafter as can be accommodated by the ZBA. The proposed Text Amendments amend Zoning Code Sections: 1. 5-2-1 (Zoning Definitions - Agriculture) 2. 5-3-4 (A) (Regulations for Specific Uses) 3. 5-3-4 (D) 2 (b) (Home Occupation Definition) 4. 5-3-4 (D) 3 (c) (2) (Home Occupation Use Limitations) 5. 5-3-4 (D) 3 (c) (8) (Home Occupation Use Limitations) 6. 5-3-4 (D) 3 (g) (Home Occupation - Boarding and Training of Horses) 7. 5-5-2-(A) (Permitted Uses R-1 Accessory Uses) 8. 5-5-3 (Special Uses) 9. 5-10-7 (Special Uses) fo)[§©[§OW[§fm lnl MAY 1 0 2016 ~ VILLAGE OF BARRINGTON HILLS Page 2 of 11 Zoning Code Sections 5-3-4 (A) (Regulations for Specific Uses) 5-3-4: REGlJLATlONS FOR SPECIFIC USES: (A) Agriculture. 1) Other than those regulations speeifieally pro,,ided for in section 5 3 4(A)2(a) heww,the provisions of this title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, 1·epair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes may be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then, and only then, shall the provisions of the fhi.!;,-zoning title shall-apply. 2-):-Boo-r<-lifl.g-iHld-T-fltiff.ing-of.-I..Jo-r-ses---a-nd-R-hle1'--lu~tfltffion-:- a}-R-egulat-it)ffiH-'.f-he--follow ing provisions listed in this su-bsee-tion 5 3 4fM-2fa-) shall a pply to the boarding and training of h.orses and rider instruction : i.) The hours of operntion of Boarding and Trnining Faeilities shall he (a) em1>loyees (not residing on the property): from six o'eloek ((l:00) AM to nine o'eloek(9:00) PM or 30 minutes past dusk, whiehe·ler is later; (b) boardeFS an.d riders receiving instruction: from r;even o'eloek (7:00) A.M. to eight thirty o'clock (8:30) P.M. or dusk, whiehewr is later; (c) use of machinery, seYen o'eloek (7:00) AM to nine o'cloel.- (9:00) PM. These hourly restrictions §hall not apply in the e"lent of emergeneies. ii.) No property shall be allowed to eonduct the aethritie§ §ubject to the regulations under this 8eetion 5 3 4(A)2 that i§ not located on the same zoning lot or lots under the §ame ownership and/or control a§ the re§idenee of the owner-&' operntor of the relnted facility. iih}:-Atl bnrns-s-h-a-1-1:-have nn -a-nimal wnste management protoc-6~usi-s-tent with-@blished aceepta-h-le-s-t-a-n-dards and in full e(ffllfllianee with 7 2 5-&f-the V-illw-s-Munk:itla-1-tode. iv-}-bight-ingfef--bnr-ns,-s-tables--and-a-rena-s-~hn II on ly-be-4-fret.>ted-o-H:'t6-the f)f-opet'-t-v-fo.r-wh.ieh--s-tteh--mes--oc<..•m•-mwh th at there is -uo-diree-t-illu-m¼n-ft-tion of.--a-ny ad j aeent:::J}f0f}e-r-tv-.f1'0fll--S-u-ch--lightmg.-ln- a II res peets, ligh ti nt,Yor-a-n-v tWtwit~u-etu-res--us-ed--in--agricultu-re-s-h-aU--eomplv with all other provisions of the Village Code. v) Nuisance causing activities: It is unlawful for any person operating--aBoarding and Training Facility to allow or permit any animal te cause serious or habitual disturbance or annovanee by frequent or habitual noisy conduct, which shall annoy, in.jure or endanger safety, health; comfort or repose of others. Noisy eonduet is defined as noise which can he heard continuously within an enclosed structure off the prepe1·ty of the Boarding Page 3 of 11 aJHl-._..-f-rain ing Fa ci litv--~-h--an---fifteen {l-5-}-minut-es--alttl----wh-ie-h---an-rutv-s-, in-j-u-r-es--o-F--e1Hla-n-ge-Fs--th e safety, -hea-l#t-,-cmn-f&t-o-F- repm;e of-o-th-er--s-.--1-n a-ddi-t-io-n--to--t:he-f:eregoi-ng--s-peyim---limitat-iOflS-;-D0-80-a-r-di-n-g-(H'-'-l:r-a-i-n-ill-',! F-ae-il-ity--s-ha--ll--e-ause-o-F-e-r-eat-e--a-n-Y:·a-t'-t,-w-hieh---end-anger-s-puh-lk-h-ealth--rovisions of this Section 5 3 4(A.)(2) shall ensure that traffic associated with the agricultural operati.ons is rel!sonably minimized, particulnrl)· at properties where act;ess i.s from private roads, nnd including at time§ any events such as churity outings or clinict,. , 1iii) Prope1·ties subject to the provisions of this 8eetion 5 3 4(A)(2) shnll provide indoor toilets for use by employees, honrdern and riders and shall BO-t--r-ely on outd OOf::PQF:ffi:b-le---t-o-ilets--fo-F--0-Fd--inu-ry-(ffle;Fa-t-ion-s-. ix±l~fflf}e;F-ties--s-ubject to the pro,1isions of this Seclie-n--H:4fAtf2}-s-h-all co-1n-rtl-v--with--th-e--ma--x--im-um----t-loor--aFea---rat-io-r::£9:Uirem en ts-appl-ic-a-b-le--t0--single fa-m--ily;:d-et--ach-ed--d-w-eUin gs as s pec---i-fi-ed---in-Se(.'-t-i-6ft..~l-O--l----h-erei--n. Zoning Code Section 5-2-l (Zoning Definitions - Agriculture) AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, an-d--(inc luding the breeding,-hHa-r-ti-iag;--and--train-i-Hg of horses fH16-l~as a hobby or as an occupation: but not the boarding of horses) and the necessary accessory uses needed for h,mdling or storing the produce; provided, however, that the operation of anv such accessory uses shall be secondarv to that of the normal agricultural activities. fol-1-owing-:--the--ha-B:dhng--or--tffi:)ftn:g--of prndooe-,-cofl-O-l:K,'-ting--an-ima-l--l:Hts-l:ntt1-d f);, and for thebr-e-e-d-i-ng,-l¾hl-H:H-Rg.-a-nd-tra-in-i-Hg--Bf.-hH-fSt'S and rider .inntruction. It is recognized specifically that buildingn, stables or f,tructures am;ociated v,ith the breeding, boarding, and training activitie~, (boarding and training facilities) may exceed the size of building am;ociated 1.vith residential or other w;es of the land, without affecting a deter-m-i-mltion that the use of Guch land is deemed agricultura-h-Thi~; definition of agriculture shall not be constrned m; encompassing or extending to daily or hourly rental of homes. Such amended defin-i--ti(-ffi-t&-f8t-R+£tet+v&afltl--in-+Htl---f.Bffie-ooe--e-ffe--et---as---o-f-.-June---2-(-t,2-004:- Zoning Code Section 5-3-4 (D) 2 (h) (Home Occupation Definition) b. Is incidental and secondary to the principal use of such dwelling unit for residential occupancy purposes_,,----e*€ept that is i-t---reoo-g-ttt~-#ta-t-a-ny----w-rH,s-ta-ble, or aretta-,ffl:a-y-e*-O~i---the--siz-e---oJ:.fhe El-1...-elling unit; and Page 4 of 11 Zoning Code Section 5-3-4 (D) 3 (c) (2) (Home Occupation Use Limitations) (2) The floor area ratio (FAR) of the area of the building used for any such home occupation shall not exceed 0.01 (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation).:, with the-e~H¾:l:f}ltHn of any barn, stahle,--frF-arena-: Zoning Code Section 5-3-4 (D) 3 (c) (8) (Home Occupation Use Limitations) (8) There shall be a limit on the number of horses that are sulaject to the home occupation activity such that there shall not be in excess of one boarded horse per zoning lot acre. Zoning Code Section 5-3-4 (D) 3 (g) (Home Occupation - Boarding and Training of Horses), g. Boare~l--Training-(:}f-H&se-s--AnJ-R-iders:-..::rlw-boara-in-g--anfl-+rai-mng-Hf+JOffie&-af)e.-r-iaer i-nst:Fut.'tiHH-sha!l--he-a--J:*.,'Hnitte&-ll(-,mtH100-Hpatie+r.--f.er.-pFoperties--frf-l-ess-+l1an-:t:en-(l-O)-u€re-s---t'f!ese a~'tiv-ities-are-regttl:ateti-tmoc->f--th-i-s---s-u-hseclion-f91.-and-in-atkit-tten-mt¼St-(,"trl'Bj*3/--wtth-tltt' f'5tri~'-ttttflS--ttflGff-~4tt-ms~A)±a(+HM2 a( 3), and (A )2 a(&f-ef..thls-se~ie~-prottefttes-of ten (10) acret; or larger, thef;e activities a.re regulated solely under subsection (A)2 of this section. (Gr4-J4-l-9-;--l 2 15 20-14) Notwithstanding anvthing_to the contrary contained in this subsection (T2.)Jhe boarding_ofhorses in a stable and the training of horses and their riders shall be a permitted home occupation: provided that no persons engaged to facilitate such bo~trding, other than the immediate family residing on the premises, shall be permitted to carry out their functions except betvveen the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. or sunset. whichever is later. and further provided that no vehicles or machinery. other than that belonging to the immediate familv residing on the premises shall be permitted to be operated on the premises except during the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. or sunset whichever is later. (Qrd. 06-12, ... 6-26-2006 Zoning Code Section 5-5-2(A) (Permitted Uses R-1 Accessory Uses) Bre-eaing,-hoard i n g. aoo-tfftifl.i.ng--o.f-B~afld...14eer-i-~-,-as-regu-J..atea-*1lli.lt,'-F,';ee-t~-on-:3- J4f-A*-6+-er.*t*)n+J 1 1 ( D) as api7lwab+e-: Page 5 of 11 ORDINANCE AMENDING SECTIONS 5-2-1, 5-3-4, 5-5-3 and 5-10-7 5-2-1 Definitions: That the Jollowino defined terms be added: ·----·-··-···-·-·-·--·----···-·-·--·-·-·-· - --.0.---.. ··-----·-·--·--- --------------- £~J'FECTED PARTIES: A.djacent.12mperty owners. private road asso~i~J.i9ll_(iL!he_r_e is__r~riva.:t9- I.9._c1Q __ ~.f~_9._~~Jrom__ill1y_l3oardi11g_facilitv). and non-adjgl_~ent propertv owners located_ on the same public road as the Boarding Facility within one-quarter (1/-1) mile in either direction. BOARDED HORSES: Horses that are not owned by the landowners or occupants of the prope11y where the horses are kept BOARDING FACILITY: Any facilitv or property space proposed to be used or used in connection with a Commercial B0ardi11g_QQ_9._ration. COMMERCIAL BOARDJNG: The boarding of five_G.) or more boarded horses on_anv property~provided_ that the_maximum_mnnber of boarded horses_shall_not exceedtwentv(20). Commercial Boardi11.g_is 12_ermitted where the landowner receives a Special tJsc Permit GRAZING· ACRE: That fenced-in portion ofJUJrQ_perty onto which horses_are normallv allowed duri1ll._9avlig_ht hours. Grazing_acres include_pastures, 1nud_lots_and paddocks.but_not those portions_of the property_thatinclude_the residence:.,_J}ooL tennis court or other_gm11s fields. nor shall_itjnclude_agricultural or hay fie!ds, __ streams and wetlands. or other portions of~ropcrty not suitable for the pasturing of horses. _FlORSE BOARDING: Supplying food and lodging to boarded horses for pay. Boarding of four ( 4) or fewer horses is permitted under and subject to the Horne Occupation Ordinance. 5-3-4 REGULATIONS FOR SPECIFIC USES 5-5-3 SPECIAL USES Section 5-5-3 (A) shall be amended to include the term "Commercial Boarding" to the list of S_p~cial_Uses. 5-l 0-7 SPECIAL _USES A new subsection(]). Commercial Boarding, shall be added to Section 5-l 0-7, as follows: Commercial Boarding is a permitted Special Use in RJ Districts within the Village, provided such Commercial Boarding operation complies with the provisions of this Section 5- 10-7 (J). Special Use permi ts issued under this subsection (l) shall not exceed a period of five (5) years from the date of issuance, and thereafter, the property owner will need to reapplv fi)r another Special Use permit. In addition. no Special Use permit for Commercial Boarding shall be granted to any propertv owner or boarding operator who has been found in violation of Village zoning laws or for whom their Boarding Facilities do not or have not complied fullv with the building permits issued them. Page 6 of 11 l. PURPOSE, INTENT AND INTERPRETATION: The purpose of this Section is to provide sQ_ecific J'.W1lations for_the op~ration_ofCommercial Boarding facilities within the Village._The boardi1IB_ of horses_for_a_ Commercial Boarding o_Qeration must be managed in the context of the residential_nature_ of the Villa~ and its desire to maintain the peace, quiet and domestic trang_uilitv within all of the Villa~'s_residentially zoned areas. lJJJJsnnitting Commercial Boarding, this Section shall be intmzrcted to respect and _ _protect theri_ghts of all residents to live in ,lJ2_eacefuL quiet and tranquil_environment. and..4e-5tanElards and iA-full compliance with sectio-R-7- 2 5 of this code. (4) Lighting: Ligh~tables and areAas shall oAly be direeted ooto the p~erty...feF-WA~ such uses OG6UF such that tf:lere is no direct illum.ination of-.aA.y adjacent property from s1.-Jch lighting. In all respects, li§f\tiA§-fer any-activities Of s~res usea- in agricultw:e-SRa+t-G0mp+y-witfl--aU-ett:¼er proviStGRs of th•s-GeEI&. (5) Nu~Aoe Causing Activities: It is unlawful for any person operating a beafG~ training facility to all~~t any aRimal-ta-Gause serious or habitual distur9af1Ge or annoyance by frequent or habitual noisy conduct, which shall annoy,.J.Rjure or 0Rdanger safety, health, comfort or repose of others. "Noisy conduct" is definee--as noise wAich can be heard continuously 1 Nithin an enclosed struGtcire off the prope;ty of-#le-aearding anG-trawi,i~g facility for more than fifteen (15) minutes and wh4~ annoys, infw:es or endangers the safety, health, comfort or repose of others. ln 8€kl-ition to the foregeing specm~ieA&;-RO-Searding or training facil4ty---sJ:l.a.W cause or create any act, which endangers public health or res~~n£e-ei: tHSGemfort-kH~l:tblic, said act-Being defiAed-as--a-fH:i+saAt;e-uRtlef-t.i.tle 7, chapter 1 of this code. (6) Number Of Horses: Thei:e shall be a limit on the n~t a boaffHR§ anEI training facility is allowed to board-sooh that there shall not be in excess of twe ~FSeS-pe~Ag-tot acre. (7) Traffic: Properties subject to the f)rovisions of this ~section (A)2 sh~I ensure tha1 tf:affic associatetl with the agricu-lwfal operations is reasonably mi~ f;}a-Ftiwlarly at properties where a~WJate roads, and inGJ.l.iEHR§-at-4imes any events such as chafityoutings or clinics. (8) Toilets: Properties subject to the provisions of this subsection (A)2 shaU pro1Jiee indoor toilets for use by employees, boaFders and ridef&-and shalJ-oot~ ~ outdoor portaele toilets for ordinaJY-eperations. ~oor Area Ratio: Properties subject to the provisions of this Sl:Jbsection (Aµ-sAa~ comply with tt:le maximum floor area ratio requirements applisable te singte family detaGhed-Ewlellings as specified in section 5 5 10 1 of this title. (Ord. 14 19, 12 1§ 2.Q.M} Section 5-3-4 (0) (0) Home Occupation: The intent of this StJbsection is to provide peace, quiet and domestic tranquility within all residential neighborhoods within the village and in order to guarantee to all residents freedom from nuisances, fire hazards. excessive noise, light and traffic, and other possible effects of busjness or commercial uses being conducted in residentiaJ districts. It is further the intent of this Stlbsection to regulate the operation of a home occupation so that the general public will be unaware of its existence. A home occupation shall be conducted in a manner which does not give an outward appearance nor manifest characteristics of a business which would infringe upon the right of neighborjng residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent or character of the residentiaf district. 1. Authorization: Subject to the limitations of this &Ybsection, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any residential zoning district. 2. Definition : A "home occupation" is any lawful business, profession, occupation or trade conducted from a principal building or an accessory building in a residential district that: a. Is conducted for gain or support by a fuJI time occupant of a dwelling unit; and b. Is incidental and secondary to the principal use of such dwelling unit for residential occupancy purposes, except u~at is it recognized that any barn. stab~e. or aren.a; may exGeed the-s+ze of the d>.veJling bmit; and c. Does not change the essential residential character of such dwelling unit or the surrounding neighborhood . 3. Use Limitations: a. Employee Limitations: (1) The owner of every home occupation shall be a person that is a full time occupant of the dwelling unit where such occupation is conducted. (2) No more than two (2) employees or subcontractors. other than the full time occupants of a dwelling unit shall be engaged or employed in connection with or otherwise participate in the operaUon of, a home occupation at any one time. This limitation on the number of employees or subcontractors shall not apply to employees or subcontractors who are not present and do not work at the dwelling unit devoted to such home occupation. b. Structural Limitations: (1) No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelring unit, including the enlargement of public utility services beyond that customarily required for residential use. (2) No separate entrance from the outside of the building where the home occupation is located shall be added to such building for the sole use of the home occupation. c. Operational Limitations: ( 1) Every home occupation shall be conducted wholly within either: a) a principal building orb) an accessory building. but not both. (2) The floor area ratio (FAR) of the area of the building used for any such home occupation shall not exceed 0.01 (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation). , ~ the exception of any barn, stable, or afeR&:- (3) There shaU be no direct retaiJ sales of merchandise, other than by personal invitation or appointment, nor any permanent d1spfay shelves or racks for the display of merchandise to be sold in connection with the home occupation. (4) No routine attendance of patients, clients, customers, subcontractorsl or employees (except employees and subcontractors as provided .in Subparagraph 3.a.(2) of this Section) subsection (0)3a(2) of this sectioR-}--associated with any home occupation shat.I be permitted at the premises of the home occupation, provided, however, that the attendance of up to four (4) persons at any one time may be allowed for the purpose of receiving private instruction in any subject of skill. "Routine attendancelf means that the conduct of the home occupation requires persons, other than the owner or permitted employees and subcontractors, to visit the premises of the home occupation as part of the regular conduct of the occupationl without regard to the number, frequency, or duration of such visits. (5) No vehicle or mechanical, electrical, or other equipment, that produces noise, electrical or magnetic interference, vibration , heatt glaret emissions, odor 1 or radiation outside the principal building or accessory building containing the home occupation that is greater or more frequent than that typjcal of vehicles or equ1pment used in connection with residential occupancy shall be used in connection with any home occupation. (6) All storage of goods, materials1 products or merchandise used or sold in conjunction with a home occupation sha11 be wholly within the principal building or accessory bui.lding containing the home occupation. (7) No refuse in excess of the amount permitted under section 5-3-9 of this title GAa~ef shall be generated by any home occupation. {-8) There shall be a limit en the number of horses that are subject to the home osoupation astiwty-st:Joh u~at there shatt-Aet-be in e.xoess of.-.eAe boaf8ee-Aef6e-J38f zoning lot acre. d. Signage And Visibility: (1) No exterior business signs on a principal building, accessory building or vehicle used in connection with the home occupation. shall be permitted in connection with any home occupation unless otherwise permitted under section 5-5-11 of this title. (2) There shaH be no exterior indications of the home occupation or exterior variations from the residential character of the principal building or accessory building containing the home occupation. e. Traffic Limitations: No home occupation shall generate significantly greater vehicular or pedestrian traffjc than is typicaj of residences in the surrounding neighborhood of the home occupation. f. Nuisance Causing Activities : In addition to the foregoing specific limitations, no home occupation shall cause or create any act, whjch endangers public health or results in annoyance or discomfort to the public, said act being defined as a nuisance under title 7, chagter 1 of this code. g. Boarding And Training Of Horses And Riders: Notwithstanding anything to the contrary contained in this Section 5-3-4(0), t+he boarding a~ of horses in a stable and the training of horses and their riders aRd r~ ·A~A shall be a permitted home occupation; provided that no persons engaged to facilitate such boarding, other than the immediate family residing on the premises, shall be permitted to carry out their functions except between the hours of 8:00 AM and 8:00 PM or su_nset whichever is later. and further provided that no vehicles or machinery, other than that belonging to the immediate family residing on the premises shall be permitted to be operated on the premises except during the hours of 8:00 AM and 8:00 PM or sunset whichever is later. . J;'or propemes of less than ten (10) aeres these aGtivities are regulated unaer tRis subsectioA--f9t,-aAd .in addition must cam~ with the restriotions under suesections (A)2a(1 )1 (A)2a(3), and (A)2a(B)-ef-th+s section. For ~ropefties at ten (10) acres er largeFi--t-Rese activities are re§l:Hateo solely under subsection (A)2 of this section. (Ord. 14 19, 12 15 2014) Section 5-5-2(A) Breeding, boarding, and training of horses. and rider in~s 1=eg~~r ~n 5 3 4 (A)(2) or Section 5 3 4 (D) as a~HGabl&.- Ordinance 16 – 4 EXHIBIT B ZBA FINDINGS OF FACT/RECOMMENDATION November 29, 2016 To: President and Board of Trustees Village of Barrington Hills RE: Application for Text Amendment - ZBA - Horse Boarding This is to advise you that the Zoning Board of Appeals (ZBA) held a public hearing on November 9, 2016 regarding a proposed amendment to the zoning code relative to horse boarding. The Application for such purpose was submitted by the ZBA, on a vote of 3- 2with two absent for consideration, pursuant to Section 5-10-6 (B) of the Village Code. The public hearing was held at Countryside Elementary School, where a quorum was present. Notice of the hearing was published in compliance with the Open Meetings Act, and published in a timely manner in the Daily Herald. The ZBA heard testimony from ZBA members in presentation of the proposed amendment, and from the public at large. FACTS The Village zoning code, Title 5 - Zoning Regulations, Chapter 5 Administration, Section 5-10-6 allows for amendments to the zoning code. Section 5-10-6 (A) provides: Authority: For the purposes of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the village, and lessening or avoiding congestion in the public roads and highways, the president and the board of trustees of the village may, from time to time, in the manner hereinafter set fo11h, amend the regulations imposed and the districts created by this title; provided, that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantage of the entire Village, and the uses to which property is devoted at the time of the effective date hereof. (Ord. 63-1, 4-1-63) For purposes of an amendment to the text of the zoning code, the ZBA must make findings of fact and its recommendation to the Board of Trustees in writing, pursuant to section 5-10-6(F), which provides: F) Findings of Fact and Recommendations of the Zoning Board of Appeals: Within a reasonable time after the close of the hearing on a proposed amendment, the Zoning Board of Appeals shall make written findings of fact and shall submit same together with its recommendation to the Board of Trustees of the Village .... The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. .... The ZBA text amendment, as proposed, would remove all changes wrought by what has been referred to as the "Anderson II amendment" in its entirety through amendment as written under Sections 5-2-1, 5-3-4(A), 5-3-4(D)2(b), 5-3-4(D)3(c)(2), 5-3-4(D)3(c)(8), 5-3-4(D)3(g), 5-5-2(a), 5-5-3 and 5-10-7 of the Village Zoning Code of Ball'ington Hills and reinstate the prior home occupation ordinance under Section 5-2-1 and 5-3-4 of the Village Code. The transcript of the public hearing relative to the text amendment is available through the Office of the Village Clerk. FINDING Following the close of the public hearing on November 9, 2016, the ZBA commenced discussion of the facts presented on the ZBA Application for Text Amendment. From the facts presented, the Text Amendment is proposed by the ZBA, thus it does not serve to benefit any one applicant, and the ZBA concludes that it serves the interests of the Village in that the amendment will remove from the village code the language of 11Anderson II" which allows commercial horse boarding as of right within the R-1 zoned district. RECOMMENDATION The ZBA recommends, on a vote of 6-1, the adoption of the ZBA-proposed Text Amendment. Respectfully submitted, ~lccC~ Zoning Board of Appeals Village of Barrington Hills PUBLIC COMMENTS Public Comments are submitted by the public and are not reviewed or endorsed by the Village. Public Comment for the Board of Trustees Regarding the Zoning Amendment Recommended by the Zoning Board of Appeals I am J.R. Davis, Chairman of Barrington Hills Farm, and a resident of the Village of Barrington Hills. I am speaking on behalf of myself, a landowner and resident of Barrington Hills, and as Chairman of Barrington Hills Farm, a 602-acre tract of land in the northwest corner of Barrington Hills, originally owned by Alex and Barbara MacArthur known as Strathmore Farms, and then by Fritz Duda. I would like to comment on the zoning amendment recommended to you by the Village’s Zoning Board of Appeals (the “ZBA”) that would delete Ordinance 14-19 from our Village Zoning Code. First, the vast majority of Village residents who have submitted comments regarding the ZBA’s efforts to amend the horse boarding provisions of the Zoning Code are opposed to changing the Village Code’s horse boarding provisions. Since the ZBA began discussions regarding a horse boarding amendment to the Village Code this summer, hundreds of residents have submitted form statements to the Village in opposition to any such amendment. Residents submitted form statements in response to the zoning amendment proposed by Village resident James Drury, and to the zoning amendment proposed by ZBA Member David Stieper, which you are considering tonight. Every form statement submitted to the Village in opposition to both the amendment proposed by Mr. Drury and the amendment proposed by Mr. Stieper states, “Furthermore, I believe the current language as proposed by the ZBA in Ordinance 14-19 and adopted by the Board of Trustees in 2015 provides the right balance of neighbor protection and freedom to operate best practice horse boarding, and does not need revision or review at this time.” We counted all of these form statements. In total, 557 individuals submitted a form Submitted for Barrington Hills Farms 2 statement in opposition to changing the Village’s horse boarding provisions.1 Specifically, 342 households owning R-1 property in the Village are opposed to amending the Village Code’s horse boarding provisions in any fashion. Additional statements opposing Mr. Stieper’s proposed amendment continue to be delivered, and we are continuing to count such statements. Pursuant to Section 5-10-6(G) of the Village Code, if there is a “written protest against any proposed amendment signed and acknowledged by the owners of twenty percent (20%) of the property proposed to be altered,” then a two-thirds vote by the Board of Trustees is required to enact the amendment. Second, there is no evidence that Ordinance 14-19 has increased horse boarding complaints in the Village. In fact, since the adoption of the Anderson II amendment on February 23, 2015, through the time the ZBA began its discussions regarding a horse boarding amendment this summer, the Village of Barrington Hills had received zero complaints regarding horse boarding activities in the Village.2 Indeed, this proposed amendment will not rectify any problems currently facing the Village or its residents. Third, this proposed amendment will reintroduce confusion and uncertainty regarding whether, and in what form, horse boarding is permitted in our equestrian Village. As you recall, Ordinance 14-19 was the result of months of public comment and debate regarding the Village’s horse boarding regulations, which became a source of debate after an Illinois Appellate Court ruled that one particular horse boarding operation did not coincide with the Village’s permitted 1 These statements were submitted in multiple ZBA meeting packets beginning with the July 18, 2016 ZBA Meeting Packet. 2 On June 28, 2016, Barrington Hills Farm through its attorneys submitted a Freedom of Information Request to the Village seeking “[a]ny and all complaints sent to the Village of Barrington Hills (the “Village”) regarding horse boarding activities between February 23, 2015 and today.” On July 15, 2016, the Village’s attorneys responded to this request stating: “To confirm, the Village does not have any records responsive to item 1 (complaints regarding horse from February 23, 2015 to present).” Submitted for Barrington Hills Farms 3 uses for R-1 property. Thus, the Village enacted Ordinance 14-19, permitting and regulating horse boarding on R-1 property. While some residents have argued that this legislation is not perfect, this ordinance does contain regulations for horse boarding operations, including the hours of operation, number of horses, floor area ratio requirements, and applicable standards for waste management, lighting, nuisances, toilets, and traffic. (Village Code, 5-3-4(A)(2)(a).) In contrast, the amendment before you tonight would delete these regulations, and instead reenact the “Notwithstanding” clause from the former Home Occupation Ordinance, which states: Notwithstanding anything to the contrary contained in this Section 5-3-4(D), the boarding of horses in a stable and the training of horses and their riders shall be a permitted home occupation; provided that no persons engaged to facilitate such boarding, other than the immediate family residing on the premises, shall be permitted to carry out their functions except between the hours of 8:00 AM and 8:00 PM or sunset, whichever is later, and further provided that no vehicles or machinery, other than that belonging to the immediate family residing on the premises shall be permitted to be operated on the premises except during the hours of 8:00 AM and 8:00 PM or sunset, whichever is later. Returning to this language will remove the regulations included in Ordinance 14-19, and increase the controversy and confusion regarding horse boarding operations in our village. Please consider the support for the regulations that this amendment proposes to delete, and the uncertainty and ambiguity that will result from reinstating the Home Occupation Ordinance. I urge you to listen to the voices of the hundreds of residents that continue to submit statements and letters to you by voting against this amendment. Thank you for your time and service as representatives of our Village. Submitted for Barrington Hills Farms Jack E. Reich December 5, 2016 Mr. Martin J. McLaughlin President Village of Barrington Hills 112 Algonquin Road Barrington Hills, Illinois 60010-5199 Subject: Commercial Boarding Text Amendment Comments Dear Mr. McLaughlin and Trustees; Please accept our letter of support to overturn Anderson II; immediately restoring previous Home Occupation rights and our residential code. The attached table is from information provided and verified by the Village Clerk as accurately representing Anderson II code. Anderson II was passed to protect a single property owner involved in litigation, Oakwood Farms, expand boarding, and promote Barrington Hills as a commercial destination at the expense of our residential zoning. Below highlights consequences of Anderson II on our unique 5-10 acre neighborhoods: 1. Anderson II changed code: a. Allowing a 5 acre property to commercially board 10 horses PLUS unlimited owned horses for an unlimited total number of horses and eliminates Home Occupation protections. b. Increases the ability for a 5 acre property to install a 10,890 square foot building nearly 4 x previous allowances and a commercial intrusion to 5-10 acre neighborhoods. c. Increases commercial traffic allowances from 6 AM to 9 PM, 7 days per week. During recent ZBA public testimony, an equestrian “expert” called by Mr. JR Davis offered valuable insight. He stated that every property is unique and requires different restrictions for impacts from water pollution, grazing, etc. (Special Use). When asked by ZBA Member Chambers, the “expert” suggested a common restriction is 1 horse per acre. Trustee Gohl clearly supported this approach in previous hearings. Imagine 5 acre and 10 acre residential neighborhoods in the Village suddenly facing this unbridled commercial expansion with loss of any Home Occupation protections for the rights of tranquility and privacy tests, long the tradition of the Village. 2. Anderson II was adopted for the specific purpose of favoring one property owner in a legal dispute, Oakwood Farms. The 7 year retroactive provision of Anderson II is likely illegal; and certainly unethical abuse. In 2011, ZBA Chairperson Freeman supported in writing special use and Home Occupation for commercial boarding. However, because the Appellate Court found Oakwood Farms violated code, the ZBA adopted Anderson II in November, 2014. On June 17, 2014, Member Anderson advised me that any change in the code must include protections for Oakwood. Submitted by Jack Reich 110 Brinker Road Barrington Hills, Illinois 60010 jreich@themagisgroup.com Mr. Martin J. McLaughlin Page 2 December 5, 2016 3. Consequences of Anderson II negatively impact R-1 zoning and are a slippery slope toward further commercialization. Concerns expressed by ZBA Members and Trustees punctuate that Anderson II may invalidate our residential (R-1) code and map. The courts must be allowed to settle the dispute involving Oakwood Farms and not be legislated through special interest favoritism. The issues involving commercial boarding are NOT an indication of residents being pro or anti equestrian, but rather desire to maintain Village traditions for equestrian use AND the open spaces, tranquility, and privacy desires of all residential owners in our Village. Please immediately restore R-1 zoning and Home Occupation rights by eliminating Anderson II. Respectively submitted, Jack E. Reich cc: Ms. Colleen Konicek-Hannigan, Trustee Mr. Fritz Gohl, Trustee Mr. Michael Harrington, Trustee Mr. Bryan C. Croll, Trustee Ms. Michelle Nagy Maison, Trustee Mr. Brian Cecola, Trustee Mr. Dan Wolfgram, ZBA Chairperson Ms. Anna Paul, Village Clerk Mr. Patrick Bond, Village Attorney Attachment: ? Table of Anderson II Highlights from information provided and verified by the Village Submitted by Jack Reich 110 Brinker Road Barrington Hills, Illinois 60010 jreich@themagisgroup.com Submitted by Jack Reich