Free Community Events—Even by Invitation—Are Prohibited in Barrington Hills
- Chris Y
- Apr 8
- 3 min read
Updated: Apr 18
In response to our March 29, 2025 letter proposing a free, invitation-only event for neighbors to view our tulip field, we received the following written response from the Village of Barrington Hills.
We are left with more questions about who is truly allowed to contribute to the character of our village, and what kind of community experiences are deemed acceptable here.
Dear Mr. Yamamoto,
Please be advised that this Firm represents the Village of Barrington Hills (the ”Village”). This correspondence serves as the Village’s response to your inquiry dated March 29, 2025 concerning the purposed use of your property located at XXXX XXXXXXX XXX in the Village (the “Property”) by the general public for non-commercial recreational outdoor u-pick flowers activity.
You have indicated that you intend to intend to provide a public invitation to “all 4000+ residents” of the Village to your Property to engage in recreational outdoor u-pick flowers activities on your Property free of charge. You have indicated that you will limit this outdoor recreational activity to the first 500 individuals who register and that this outdoor recreational activity will be permitted by you by appointment, with no further limitation on the number of appointments permitted.
Please be advised that the proposed non-commercial recreational outdoor u-pick flowers activity on your Property by the general public is not authorized under the Village’s zoning regulations.
Section 5-1-2 of the Zoning Code provides that the overall intent and purpose of the Village’s zoning regulations is to, in pertinent part: (1) promote and protect the public health, safety, morals, convenience and the general welfare of the people; (2) prevent overcrowding and congestion of land; and (3) prevent residential areas from harmful encroachment by incompatible uses and to insure that residential areas shall not be usurped by other inappropriate uses; and (4) prevent street congestion through adequate requirements for off-street parking, among other purposes.
Section 5-5-2 of the Village Code provides that residential property shall not be used for any purpose other than an expressed permitted use in the R1 District. Section 5-5-2 additionally provides for a limited number of express permitted primary and accessory uses of residential property in the Village’s R1 District. The proposed non-commercial recreational outdoor u-pick flowers activity on your Property, by the general public, is not an expressly permitted primary or accessory use of the Property.
Section 5-5-3 of the Village Code allows for certain non-commercial outdoor recreational use to occur on property in the Village’s R-1 District under the grant of a Special Use Permit.
However, the proposed non-commercial recreational outdoor u-pick flowers activity on your Property, by the general public, is not an allowed special use of the Property in the Village’s R-1 District.
You have further indicated members of the Zoning Board and members of the Village Board have expressed that general public “access to your field could be permitted so long as no money is exchanged.” I am not aware of any such comments being made by members of the Zoning Board or members of the Village Board in that regard. Moreover, under Illinois law, a comment of an individual board member has no binding effect on a municipality and cannot serve to undermine duly enacted and approved municipal ordinances and regulations. While the Village has indicated you are permitted to use the Property to grow and maintain your own flower field, the proposed non-commercial recreational outdoor u-pick flowers activity on your Property, by the general public, is not an allowed recreational use of your Property under the Village’s zoning regulations.
Should you have any follow-up questions do not hesitate to contact me at (xxx) xxx-xxxx or at (redacted)
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