This title shall be known, cited, and referred to as the RIVERWOODS ZONING ORDINANCE. (Ord. 190, 3-19-1973)

This title is adopted for the following purposes:

   To ensure that adequate light, pure air, and safety from fire and other dangers may be secured;

   To ensure that the taxable value of land and buildings throughout the municipality may be conserved;

   To ensure that congestion in the public streets may be lessened or avoided;

   To ensure that the hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood waters may be lessened or avoided;

   To promote the public health, safety, comfort, morals, and welfare;

   To ensure and facilitate the preservation of sites, areas, and structures of historical, architectural, and aesthetic importance;

   To regulate and limit the height and bulk of buildings hereafter to be erected;

   To establish, regulate, and limit the building or setback lines on or along any street, trafficway, drive, parkway, or storm or flood water runoff channel or basin;

   To regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings;

   To classify, regulate, and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses;

   To divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and building, height, and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as is deemed best suited to carry out the purposes of this section;

   To fix standards to which buildings or structures therein shall conform;

   To prohibit uses, buildings, or structures incompatible with the character of such districts;

   To prevent additions to and alteration or remodeling of existing buildings, or structures, in such a way as to avoid the restrictions and limitations lawfully imposed under this title;

   To classify, regulate, and restrict the use of property on the basis of family relationship as is hereinafter defined;

   To provide for the gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are made or located, including without being limited thereto provisions: 1) for the elimination of such uses of unimproved lands or lot areas where the existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued; 2) for the elimination of uses to which such buildings and structures are devoted if they are adaptable for permitted uses; 3) for the elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the Municipality as the normal useful life of such buildings or structures; (Ord. 190, 3-19-73)

   To protect adjacent, upstream and downstream private and public landowners from increases in flood heights and velocities and resulting increases in flood damages;

   To minimize extraordinary direct and indirect costs to governmental units caused by developments within flood plains for roads, sewer and water, flood control works, flood relief and emergency services;

   To reduce health and safety risks to the individual or his family or guests, prevent blighting, and prevent economic losses which detract from community well-being and the tax base;

   To protect individuals from buying lands which are unsuited for intended purposes because of flood hazard;

   To prevent water pollution, nuisances due to floating structures and debris, and increased sedimentation; (Ord. 216, 5-19-75)

   To ensure that the Village continues to be primarily a single- family, residential low-density land use, Village community with limited commercial development;

   To ensure that development within the Village is compatible with and protective of its wooded, river-influenced environment;

   To encourage maximum voluntary citizen involvement and a minimum of government control. (Ord. 93-8-18, 8-17-93)

The language set forth in the text of this Title shall be interpreted in accordance with the following rules of construction:

   The singular number includes the plural, and the plural includes the singular;

   The present tense includes the past and future tenses, and the future the present;

   The word "shall" is mandatory, while the word "may" is permissive;

   The masculine gender includes the feminine and the neuter;

   Whenever a word or term defined hereinafter appears in the text of this Title, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word;

   All measured distances expressed in feet shall be to the nearest integral foot. If a fraction is six inches (6") or more, the integral foot next above shall be taken.

ACRE: A measure of land whose area is equal to forty three thousand five hundred sixty (43,560) square feet.

ACREAGE: Any tract or parcel of land whose area is greater than twice the prescribed lot area of the use district within which the tract or parcel lies and which has not been subdivided or platted.

ALLEY: A public thoroughfare not less than twenty feet (20') wide and not more than forty feet (40') wide which affords only a secondary means of access to abutting property.

APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, used, or intended to be used as a housekeeping unit for a single family.

AUTOMOBILE REPAIR: General repair, engine rebuilding, or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening or repair; overall painting of motor vehicles.

AUTO WRECKING OR JUNKYARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles, or merchandise.

AUTOMOBILE SERVICE STATION: A place where gasoline (stored only in underground tanks), kerosene, or motor oil and lubricants or grease for operation of automobiles are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including major automobile repairs and rebuilding. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

BASEMENT: A story partly or wholly underground. Where more than half of its height is above the average level of the adjoining ground, a basement shall be counted as a story for purposes of height measurement.

BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used on an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.

BOARDING HOUSE: A building other than a hotel or restaurant, where meals are provided for compensation for four (4) to twelve (12) persons.

BUILDING: A structure that is substantially enclosed by exterior walls, has a roof supported by columns or walls, is permanently affixed to the ground, and is intended for the shelter, protection, housing or enclosure of any persons, animals, equipment, goods or materials of any kind.

BUILDING AREA: The buildable area of a lot is the space remaining after the minimum open space requirements of this title have been complied with.

BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

BUILDING HEIGHT: The vertical distance measured from grade level to the highest point of the roof, in the case of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, radio aerials, tanks, and domes, provided that any such projection shall not exceed the maximum permissible building height or the actual building height, whichever is less, by more than twenty five percent (25%) of the building on which it is located and shall not be included in calculating building height. It is further provided that the area of the roof covered by any such dome shall not exceed three percent (3%) of the total roof area of said building and the building shall contain at least six hundred thousand (600,000) square feet of floor area. Under no circumstances shall any such projection be occupied space.

BUILDING OR STRUCTURE, ACCESSORY: A building or structure that is on the same lot with, and of a nature customarily incidental and subordinate to, the principal building, the use of which is incidental and subordinate to that of the primary or dominant use of the principal building. An accessory building or structure that is attached to a principal building in a substantial manner by a wall or roof shall be considered part of the principal building; "attached in a substantial manner" means, among other things, that the accessory building is joined to the principal building along more than half of one side of the principal building.

BUILDING, PRINCIPAL: A building in which is conducted the primary or dominant use of the lot on which it is located.

BUILDING, RESIDENTIAL: A building which is arranged, designed, or used or intended to be used for residential occupancy by one or more families.

BUILDING, TEMPORARY: A building of nonpermanent construction whose design and construction is such that it will be used for a short period of time or that it can be moved readily to another location.

BUSINESS: Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for remuneration.

CANNABIS: Cannabis shall have the meaning ascribed to it in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et. seq.) as if that definition were incorporated herein.

CANNABIS DISPENSARY: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation, under the Cannabis Regulation and Tax Act, to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, concentrate, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers. A cannabis dispensary, if legally entitled to operate pursuant to this title, shall not authorize or permit the smoking, consumption or use of cannabis in any form within or about the facility. A cannabis dispensary shall not constitute a permitted or special use in any district in the Village unless expressly authorized in this title.

CARPORT: A structure attached or made part of the main structure, and which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles.

COMMERCIAL RECREATION AREA: An area devoted to providing recreation for the general public for profit.

COMMERCIAL VEHICLE: The following motor vehicles (but excluding recreational vehicles):

   A.   Trucks with open beds intended or designed to contain products, equipment, debris or materials intended for commercial or industrial use, whether stored in the open, in a cargo storage area or covered by removable material or fabric, but excluding small pickup trucks having a gross vehicle weight rating (GVWR) of eight thousand (8,000) pounds or less and which are not otherwise commercial vehicles (i.e., due to visible exterior lettering or logos or attached racks or merchandise);

   B.   Box vans; cargo or panel vans in which seats behind the driver's seat and front passenger seat have been removed or which lack side windows adjacent to the rear seating area;

   C.   Vehicles with rear tandem wheels;

   D.   Public passenger vehicles such as limousines, commercial service vans and taxicabs;

   E.   Vehicles painted with or displaying lettering or logos to advertise a commercial or industrial enterprise;

   F.   Vehicles with attached racks designed to hold ladders, pipes or other forms of contractor's equipment, or vehicles with storage boxes, lockers, snowplows, lifts, winches, or similar attachments designed for commercial or industrial use, or vehicles with any kind of permanently mounted equipment requiring payment of a registration fee for such equipment under the Illinois vehicle code; and

   G.   Vehicles having a gross vehicle weight rating (GVWR) (as defined in the Illinois vehicle code) in excess of ten thousand (10,000) pounds.

COMMUNITY RESIDENCE: A single-family dwelling shared by up to and including six (6) persons with disabilities as defined under applicable federal or state law and who live together and intend to continue living more or less permanently together as a single housekeeping unit in a household-like environment in which staff persons provide supervision, care, education, and participation in community activities for the residents with a primary goal of enabling the resident to live as independently as possible. Community residences do not include pre-release, work-release, probationary, or other programs that serve as an alternative to incarceration. Community residences may include assisted living facilities as defined under the Assisted Living and Shared Housing Act, 210 ILCS 9/1 et seq. For purposes of this definition, "persons with disability" shall not include any person involved in the current, illegal use of or addiction to a controlled substance (as defined in section 802 of the Controlled Substance Act (21 U.S.C. Sec. 802), nor does it include any person whose residency would constitute a direct threat to the health or safety of other individuals or whose residency would result in substantial physical damage to the property of others.

CONFERENCE FACILITY: An establishment engaged in the rental of its building or a portion thereof for corporate retreats, assemblies, conferences, seminars, workshops, or other similar activities intended for participants from private organizations and their guests. A conference facility may include dining facilities for the use of participants, as well as other compatible accessory uses, but may not include sleeping or dwelling quarters or lodging as an accessory use to the conference facility.

CONTAINER RENTAL FACILITY: An establishment engaged in the rental of roll-off dumpsters and other forms of temporary storage containers. Such containers are delivered to off site locations for storage and shipment of goods or for collecting construction debris, discarded appliances, furnishings and other fixtures or personal property slated for waste yard disposal. This establishment does not rent its containers for use in the collection of landscape waste, putrescible garbage or hazardous or toxic materials. All containers on site are empty except for scrap metal or salvage items retrieved from jobs which are kept entirely within containers for not more than seven (7) days as a temporary means of storage until such materials are sorted and moved off site.

COUNTRY CLUB: A private eighteen (18) hole golf course with a main clubhouse and related facilities, operated as a proprietary or member owned club, and which may offer tennis, swimming or other similar recreational and sports activities, the dispensing and serving of food and beverages, and hosting of social and business events. A country club shall have dues paying members for whom the country club is the home club or primary affiliation (even though members may patronize affiliated clubs). A country club shall not offer or host sports or events involving the discharge of firearms or use of motorized vehicles, provided that the use of motorized vehicles incidental to the maintenance or operation of the premises and the use of golf carts for golf course purposes shall be allowed. A country club shall not contain overnight sleeping facilities. A country club may serve alcoholic beverages subject to and in compliance with the conditions of its liquor license issued by the village.

COUNTRY CLUB RESIDENCE: Single-family dwelling located on one acre of ground (exclusive of road) adjacent to a country club.

CULTURAL CENTER: A nonresidential, social and cultural center operated by a private, not for profit organization dedicated to serving the membership of such organization in order to preserve the cultural heritage of the members by sponsoring social, cultural and educational events, performances and programs, including holiday celebrations and community meals, church services, music, dance, dramatic, or other performances, and maintaining a library, museum or gallery operated primarily for the display, rather than the sale, of works of art. The primary use and operation of a cultural center shall be in furtherance of its mission and will be subject to express limitations applicable thereto as prescribed by the regulations of the zoning district in which it is located.

CURB GRADE: The elevation of the established curbs in front of a building or structure, measured at the center of such front. Where no curb grade has been established, it shall be deemed to be the established elevation of the centerline of the street surface in front of a building or structure measured at the centerline of such front.

DECK: A surfaced area, open to the sky, erected within eight feet (8') above the adjacent finished grade, and that is usually directly adjacent or attached to a building.

DISTRICT: A section or sections of the incorporated area of the village for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein.

DOG, ADULT: Any canine animal of four (4) or more months of age.

DOG KENNEL: Any premises where three (3) or more adult dogs are owned, boarded, bred and/or offered for sale.

DWELLING: Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

DWELLING, MULTIPLE: A building designed and/or arranged for two (2) or more housekeeping units and for occupancy and use by two (2) or more families.

DWELLING, SINGLE-FAMILY: A dwelling that is a separate building occupied for living purposes by a single household. A single-family dwelling is sometimes referred to as a single-family detached dwelling.

DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EARLY CHILDHOOD FACILITY: A privately owned preschool, nursery school or childcare facility serving children nine (9) years of age and under, but no more than thirty (30) children in a morning session or afternoon session on any weekday. The morning and afternoon session must be separated by a minimum of two (2) hours. An early childhood facility does not provide care or instruction during more than twelve (12) hours in a twenty four (24) hour period.

FAMILY: One or more persons related by blood, marriage or adoption (including foster children), or a group of not more than three (3) unrelated persons, exclusive of domestic servants and not more than two (2) gratuitous guests, maintaining a common household in a single dwelling unit.

FAMILY RELATIONSHIP: Persons related by blood, marriage, civil union, or legal adoption.

FENCE ORDINANCE: Ordinance 11-9-20 adopted on September 20, 2011, codified as title 8, chapter 9 of this code, as amended.

FLOOD CREST ELEVATION: The elevation of the highest flood level, as measured by the state of Illinois, division of waterways.

FLOOD FRINGE LANDS: Those portions within the regulatory floodplain outside the regulatory floodway.

FRONTAGE: All the property on one side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between the intersecting street and the dead end of the street.

GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store the private vehicles of the family residents upon the premises and in which no business service, or industry connected directly or indirectly with automotive vehicles is carried on.

GARAGE, PUBLIC: A building other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure.

GARDEN SUPPLY CENTER: An establishment engaged in the retail sale of plants and the sale or rental of garden and landscape materials and equipment. This activity may include outdoor storage of plants, materials or equipment, if authorized as an accessory use.

GOLF COURSE: An area of land laid out and maintained for the purpose of playing golf and improved with such buildings and structures as are necessary for such purpose.

GRADE LEVEL: The mean level of the finished surface of the ground adjacent to the exterior front walls of a building or structure, provided that such mean level shall not exceed the level of the original surface of the ground at such location by more than one and one-half feet (11/2') unless the establishment of a higher finished grade level is authorized by the terms and provisions of the site development permit, pursuant to the provisions of title 8, chapter 5 of this code.

GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls, exclusive of terraces, breezeways, open porches, carports and garages.

HOME OCCUPATION: Any gainful occupation engaged in by occupant of a dwelling unit at or from the dwelling unit, lot, or accessory building. Home occupations shall include home stay rentals when permitted by this title.

HOSPITAL OR SANATORIUM: An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

HOTEL: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guestrooms, and in which no provisions are made for cooking in any individual room or suite.

HOUSEHOLD: Persons occupying a dwelling unit consisting of: (a) one, two or three persons occupying a dwelling unit; or (b) four or more persons occupying a dwelling unit who live together as a single housekeeping unit, when such persons are defined by family relationship or constitute the functional equivalent of a household defined by family relationship in the manner described below. A household may include (i) one or more health aides in residence who are contracted or hired to provide necessary health care or assistance with the activities of daily living to any member of the household and (ii) not more than two full-time domestic assistants in residence hired as household employees. Four or more persons not defined by family relationship but living together as a single housekeeping unit are considered the functional equivalent of a household defined by family relationship, if the following criteria are present:

      4.   Any other factor reasonably related to whether or not the group is the functional equivalent of a household defined by family relationship.

LABORATORY: A place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.

LANDSCAPE WASTE COMPOSTING FACILITY: An establishment licensed by a governmental authority to engage in the composting of grass clippings, shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees. Property on which the principal use is residential and on which the landscape waste is accumulated exclusively on site and then composted shall not be considered a landscape waste composting facility.

LIMITED RESTAURANT: A restaurant providing sit down dining with a maximum indoor seating capacity of not more than eighty (80) guests. "Sit down dining" shall mean the provision of full service (where items are ordered from the patron's table and served by waitstaff at the patron's table) or limited service (where items are ordered at a counter and then served by waitstaff on nondisposable tableware at the patron's table). A limited restaurant may be authorized to sell food or beverages which are paid for before consumption and then served in disposable containers for immediate consumption off the premises. Carryout service at a limited restaurant need not be an incidental use, provided that sit down dining is also provided. Wine and beer in a limited restaurant may be authorized by appropriate liquor permit, provided the service of wine and beer shall be clearly incidental and subordinate to the primary activity.

LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

LODGING HOUSE: A building with not more than five (5) guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.

LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom; in a suite of rooms, each room shall be counted as one lodging room.

LOT: A single tract of land under ownership or control within a block, either a lot of record or a zoning lot.

   Lot Area: The area of horizontal plane bounded by the vertical planes through side, front and rear lot lines.

   Lot Corner: A lot abutting two (2) or more streets at their intersection where the lot lines form an interior angle of less than one hundred thirty five degrees (135°). A lot abutting a curved street or streets shall be considered a corner lot if the intersecting tangents of the curve extended from the points of the curve or from the intersections of the side lot lines with the arc of the curve form an interior angle of less than one hundred thirty five degrees (135°).

   Lot, Flag: An irregular lot under single ownership or control which consists of a stem which fronts on a public or private street, but the stem does not meet the requirement for minimum frontage, and the main body of the lot which does not front on a public or private street as normally required. The platting of new flag lots is prohibited, except as a special use subject to section 9-11-9 of this title. In such cases, the area of the stem shall not count toward the required minimum lot size.

   Lot, Frontage: The width of a lot measured along the lot line, front.

   Lot, Interior: A lot other than a corner lot.

   Lot Line: A property line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street, the lot line shall be deemed to be the abutting boundary of the street right of way or the abutting boundary line of a private easement or roadway connecting the subject lot (and other lots, if any, contiguous to the subject property) with a public street.

   Lot Line, Front: The street shall be deemed the front lot line of an interior lot, and the shorter street line the front lot line of a corner lot. Where a lot abuts solely a cul-de-sac, the front lot line shall be the abutting right of way line of the cul-de-sac. Where the lot abuts both a cul-de-sac and one or more streets, the front lot shall be the shortest lot line abutting such streets; except that where the lot line abutting the cul-de- sac equals or exceeds the required minimum frontage of the district in which the lot is located the lot line exposed to the cul-de-sac shall be the front lot line.

   Lot Line, Rear: That boundary of a lot which is most distant from and is, or is approximately, parallel with the front lot line. If the rear lot line is less than ten feet (10') in length, or if lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel with, and at the maximum distance from, the front lot line.

   Lot Line, Side: Any boundary of a lot which is not a front or rear lot line.

   Lot Of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Lake County, Illinois.

   Lot, Through: A lot having frontage on two (2) parallel streets. On a through lot only one street line shall be deemed a front line.

   Lot With Frontage: A lot of record which fronts on or abuts a public or private street.

   Lot Without Frontage: A lot of record which does not front on or abut a public or private street. The platting of new lots without frontage is prohibited, except as a special use subject to section 9-11-9 of this title.

   Lot, Zoning: A single tract of land located within a single block which is designated by the municipality on the adopted zoning map, or which at the time of filing an application for a building use permit is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control, and which meets all the requirements for the proposed use. Once a tract of land has been designated as a zoning lot, it may be used only in the manner permitted for a lot of record, in the most restrictive zoning district wherein any part of the tract of land is located.

NONCONFORMING RECORDED LOT: A tract of land, designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means which has less than the minimum lot area or width or other dimension prescribed for the particular zone in which it was located at the time of such recording, but was made nonconforming by the adoption of the zoning ordinance, a subsequent amendment thereto or by an annexation. If a tract of land which is entitled to a building permit under the terms of this title, either as a conforming lot or as a nonconforming recorded lot, is reduced in size by the acquisition of a portion of said tract, by negotiation or by condemnation, for highway purposes by the Lake County highway department or by the state highway department or by the village of Riverwoods, the remainder of said tract shall have the status of a nonconforming recorded lot.

NONCONFORMING STRUCTURES: A nonconforming structure is one which was legally constructed prior to the effective date of the zoning ordinance, or subsequent amendment thereto or prior to an annexation which would not be permitted as a new structure under the terms of this title because such structure is not in conformance with the yards, height, coverage, or floor area ratio requirements of the zone in which it is located. A structure located on a nonconforming recorded lot is not classified as a nonconforming structure because of insufficient lot area or width.

NONCONFORMING USES: A nonconforming use is an activity using land legally established prior to the effective date of the zoning ordinance, or subsequent amendment thereto or prior to an annexation which would not be permitted as a new use in the zone in which it is located under the terms of this title.

NURSING HOME OR REST HOME: A private hospital for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries, or for surgical care.

OVERLAY DISTRICT: A second set of regulations applied to any part or all of a zoning district or any number of districts. The boundaries of an overlay district may or may not coincide with any underlying zoning district. Overlay district regulations may relax or further restrict the number or types of uses allowed as well as the way permitted activities operate within the overlay district boundaries. Such districts are mapped on an overlay district appendix to the village's zoning map.

PARKING AREA, PRIVATE: An open area for the parking of privately owned automobiles and not for public use.

PARKING AREA, PUBLIC: An open area, other than street, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.

PARKING SPACE: An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

PATIO: A surfaced area, open to the sky, located at or below finished grade, and that is usually directly adjacent or attached to a building. The term patio shall include any area surfaced with materials other than dirt, bark or wood chips, flowers or vegetative ground covers.

PLAYHOUSE: An accessory building or structure with four (4) walls whose intended use is by children for recreational activity.

POOLS: See definition of Structure.

PORCH: A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open to the weather in part.

PREPARED FOOD SHOP: A place of business that offers seating and carryout service and that is principally devoted to the sale of bakery items, such as bread, rolls, muffins, pastries, tarts, pies and similar baked goods, as well as sandwiches, coffee, tea, nonalcoholic beverages and cold refreshments. This term includes an establishment known as a bakery, sandwich shop, coffee shop, or an ice cream parlor. A prepared food shop may use ovens to bake goods and may serve food that is warmed or assembled on the premises (e.g., by microwave, heating lamps or toaster), but other cooking methods, such as frying, grilling or roasting, are not allowed in a prepared food shop. Wine and beer in a prepared food shop may be authorized by appropriate liquor permit, provided the service of wine and beer shall be clearly incidental and subordinate to the primary activity.

PRIVATE DINING FACILITY: A facility that meets all of the following criteria: a) one or more rooms are operated in conjunction with a kitchen contained in a cultural center; b) meal service is provided for patrons who are not members of the cultural center but who rent the facility for an event; c) no more than two (2) patron groups occupy the facility at one time; and d) service is only available by appointment or reservation. Meals may be catered or brought in by individuals or an off site vendor.

PRIVATE INSTRUCTIONAL FACILITY: An establishment that rents classroom or other portions of its facility to private instructors or companies who for compensation, provide courses of instruction for individual enrichment, such as courses in foreign language, fitness, health, pregnancy, nutrition and exercise, martial arts, yoga, fine arts (including music, art, dance, film, and theater), computer skills, hobby interests, tests or exam preparation and tutoring.

RECREATIONAL VEHICLE: Any motor home, pop up camper, boat, canoe, hovercraft or other watercraft device, motorcycle or off road vehicle, snowmobile or snowmobile trailer, open trailers and other recreational vehicles designed for any similar purpose.

REGULATORY FLOOD ELEVATION:

   A.   North Branch (West Fork) Of The Chicago River Basin: That "elevation" as defined by the Illinois department of transportation, division of waterways, regulatory floodplain maps and profiles, of the north branch of the Chicago River, revised January 1975. For purposes of this title that elevation shall be six hundred sixty six feet (666') above mean sea level (1929 datum), or as said regulatory flood elevation for the north branch (west fork) of the Chicago River at Duffy Lane may from time to time be amended by the department of transportation.

   B.   Des Plaines River Basin: That "elevation" as defined by the Illinois department of transportation, division of waterways, regulatory floodplain maps and profiles of the Des Plaines River. For purposes of this title that elevation shall be six hundred forty five feet (645') above mean level (1929 datum), or as said regulatory flood elevation for the Des Plaines River at Deerfield Road, may from time to time be amended by the department of transportation.

REGULATORY FLOOD PROTECTION ELEVATION: That elevation which is one foot (1') above the regulatory flood elevation which provides freeboard protection against ice jams, waves and debris.

REGULATORY FLOODPLAIN: The continuous area adjacent to a stream, including the stream, the elevation of which is equal to or less than the regulatory flood elevation.

REGULATORY FLOODWAY: That portion of the regulatory floodplain required to store and convey floodwaters as shown on the regulatory floodplain maps and profiles (described in subsections A and B of the definition of Regulatory Flood Elevation).

RELIGIOUS INSTITUTION: A church, synagogue, temple, meetinghouse, mosque or other place of religious worship, including any accessory use or structure, such as a school, daycare center or dwelling, provided that such school, daycare center or dwelling shall remain accessory to the principal use for a place of religious worship and that the combined square footage of all accessory uses shall constitute less than twenty five percent (25%) of the square footage of the principal building or buildings.

SIGN: As defined in the Riverwoods sign ordinance, as amended from time to time (title 12 of this code).

SITE AREA: The minimum land area for a use to receive an O and R1. The minimum site area may, if sufficient area is present, be further subdivided pursuant to the provisions of title 10, "Subdivision Regulations", of this code.

STABLE, COMMERCIAL: A commercial building where horses are trained, bred, or kept for hire or boarded for remuneration.

STABLE, PRIVATE: A building where equine animals are kept solely for recreation without remuneration.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall for more than three feet (3') above the top floor level and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory uses.

STREET (AVENUE, PLACE, ROAD, LANE, TERRACE OR HIGHWAY): All property dedicated, acquired by public use, or granted as an easement, and intended for public or private travel by persons or vehicles.

For the purpose of frontage requirements, a "road", "street", "avenue", "lane" or "highway" shall mean an easement or right of way which must serve three (3) or more properties.

STREET, DISCONTINUED: Any portion of a street easement or right of way which, though described in a recorded instrument or subdivision plat: a) has not been improved to allow for vehicular traffic at any time since the recording of such instrument or plat and b) has remained unused for more than forty (40) years since the recording of the instrument or plat. If a street has been installed within the right of way, the entire width of such right of way in the improved section is considered in use for street purposes, even if the road surface occupies only a portion of the available right of way.

STREET LINE: Either boundary of the right of way of a street.

STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, in the supporting members of a building or structure, such as, but not limited to, bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.

STRUCTURE: An improvement upon land, other than the land itself, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, fences, freestanding signs, patios, parking areas and playhouses.

TENT: A structure or enclosure, the roof of which or one-half (1/2) or more of the sides are constructed of nylon, cotton, canvas or similar materials.

TOURIST COURT: A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located next to each unit, including auto courts, motels, or motor lodges.

TOURIST HOME: A dwelling in which overnight accommodations are provided or offered for transient guests.

TRACT: Any parcel or parcels of land of any size or configuration, whether platted and subdivided and made a matter of public record or not and having one or more owners, public or private, together with any improvements thereon.

TRAILER: Any vehicles or similar portable structure originally designed or converted so as to provide living quarters.

TRAILER, AUTOMOBILE: A vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer.

TRAILER CAMP AUTOMOBILE: Any premises occupied or designed to accommodate more than one family living in an automobile house trailer.

TRANSITIONAL RESIDENCE: A single-family dwelling that is shared by up to and including six (6) persons with disabilities as defined under applicable federal or state law who do not live more or less permanently together as a single housekeeping unit but rather intend to live together for a temporary period while receiving continuous professional guidance and related services related to their disabilities with a primary goal of enabling the transitional residents to live and work as independently as possible without need of residing in a transitional residence. Transitional residences do not include pre-release, work-release, probationary, or other programs that serve as an alternative to incarceration. For purposes of this definition, "persons with disability" shall not include any person involved in the current, illegal use of or addiction to a controlled substance (as defined in section 802 of the Controlled Substance Act (21 U.S.C. Sec. 802), nor does it include any person whose residency would constitute a direct threat to the health or safety of other individuals or whose residency would result in substantial physical damage to the property of others. A facility director/supervisor may be housed in the transitional residence and does not count in the number of permitted transitional residents.

TREE CARE CONTRACTOR: An establishment engaged in tree care activities, including: clearing obstructive vegetation from transmission and distribution lines or other utilities; removing fallen trees, dead or diseased trees or trees damaged by wind, ice, snow or rain; preparing tree inventories and management plans, selectively removing or thinning trees, pruning, cabling or bracing trees, and soil management and fertilization. A tree care contractor may operate hand fed wood chipper machines off site to reduce the volume of wood waste before transporting the wood waste to the contractor's establishment. A tree care contractor (unless also granted approval as a wood waste recycling facility) may not chip, grind or process wood waste at its establishment.

TUB GRINDER: A diesel powered wood industrial grinding machine in which wood waste is fed overhead into a large rotating tub and, through the action of a hammer mill or cutting drum, mechanically ground and reduced in size. Tub grinders vary by size, type of material that can be ground, engine horsepower (ranging from about 200 hp to 950 hp) and output capacity. Tub grinders are larger, have greater capacity and differ in operation from hand fed brush chippers used for roadside chipping by landscape contractors.

USE: The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.

   Use, Accessory: A subordinate use, such as a private garage, which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal building or use, except for such necessary parking facilities as are specifically authorized to be located elsewhere.

   Use, Principal: The main use of land or building as distinguished from a subordinate or accessory use.

VILLAGE BOARD: The president and board of trustees of the village of Riverwoods.

WARNING SIREN: A warning siren, which is mounted on a treated timber pole not exceeding sixty feet (60') in height, with associated siren control and power equipment that is owned by the village and designed and used as a mass alert warning system for weather and other emergencies.

WIDTH, AVERAGE LOT: The total area of the lot divided by the arithmetic sum of the lengths of the side lot lines divided by two (2).

WOOD WASTE: Accumulations principally of tree limbs, brush, green wood, or other forms of wood debris with a high carbon to nitrogen (C:N) mass. Wood waste does not include turf lawn, grass clippings or green waste with a low carbon to nitrogen (C:N) mass.

WOOD WASTE RECYCLING FACILITY: An establishment engaged in processing wood waste into reusable material, using a tub grinder to grind and screen the material to produce varieties of wood mulch products. Wood waste of less than three inches (3") diameter may be ground in several courses, first into two inch (2") size chips and then reground into finer material, suitable for applying as a mulch layer on the soil surface. The facility may conduct wholesale and retail sales of wood mulch products, produced on or off site. A wood waste recycling facility does not compost yard waste and is not engaged in the business of a landscape waste composting facility.

YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except by natural topographical features and except as otherwise permitted in this title. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the district in which such lot is located.

   Yard, Front: A yard extending along the full width of the front lot line between side lot lines.

   Yard, Rear: The portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extended for the full width of the lot; provided, that in those locations where an easement is platted in the rear of the lot, one-half (1/2) of the width of the platted easement may be included in the rear yard requirements; provided, that such one-half (1/2) of the easement does not exceed five feet (5').

   Yard, Side: A yard extending along a side lot line between the front and rear yards. (Ord. 190, 3-19-1973; amd. Ord. 216, 5-19-1975; Ord. 83-12-13, 12-5-1983; Ord. 86-11-23, 11-18-1986; Ord. 87-2-4, 2-17-1987; Ord. 88-11-23, 11-15-1988; Ord. 89-1-2, 1-17-1989; Ord. 92-11-16, 10-20-1992; Ord. 95-9-11, 9-19-1995; Ord. 99-3-4, 3-16-1999; Ord. 00-1-1, 1-18-2000; Ord. 03-6-9, 6-3-2003; Ord. 03-7-11, 7-2-2003; Ord. 10-5-9, 5-18-2010; Ord. 11-11-26, 11-15-2011; Ord. 12-6-7, 6-5-2012; Ord. 15-01-01, 1-6-2015; Ord. 15-08-14, 8-4-2015; Ord. 16-10-19, 10-18-2016; Ord. 20-01-01, 1-21-2020; Ord. 21-04-07, 4-20-2021; Ord. 23-08-10, 8-1-2023)

   A.   In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare.

   B.   Where the conditions imposed by any provisions of this title upon: 1) the use of land or buildings; 2) the bulk of the buildings; 3) lot area requirements; and 4) yard requirements, are either more restrictive or less restrictive than comparable conditions imposed by any other rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   C.   This title is not intended to abrogate any easement, covenant or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.

   D.   No building, structure or use not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title, and, to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this title, said building, structure or use remains unlawful hereunder. (Ord. 80-5-7, 5-27-1980)

   E.   The graphic illustrations labeled "Types Of Lots", "Minimum Interior Lot Standards", and "Minimum Corner Lot Standards" and the chart labeled "Minimum Lot Standards" appear in section 9-2-9 of this chapter, are intended as summaries or depictions of the requirements set forth in the text of this title and shall be used in construing the meaning of the provisions of this title. (Ord. 95-9-11, 9-19-1995)

   A.   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in said judgment or decree; and

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to any particular property, building, or other structure, said judgment shall not affect that application of said provision to any other property, building or structure not specifically included in said judgment or decree. (Ord. 190, 3-19-1973)

In single-family residential districts, every single-family dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one principal building on one lot. (Ord. 190, 3-19-1973)

The following uses of land or buildings are allowed in the districts indicated hereinafter in chapters 4 through 7 of this title, under the conditions specified in this title:

   A.   Uses lawfully established on the effective date hereof;

   B.   Permitted uses as designated in chapters 4 through 7 of this title;

   C.   Special uses as designated in section 9-11-9 of this title. (Ord. 190, 3-19-1973)

No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use under chapters 4, 5, 6 and 7 and section 9-11-9 of this title in the zoning district in which such land or building is located. However, where a building or structure permit has been legally issued in accordance with law prior to the effective date of this title, and provided that construction is begun within ninety (90) days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit has been issued and further may, upon completion, be occupied under a certificate of occupancy for the use for which originally designated. (Ord. 190, 3-19-1973)

No building or premises shall hereafter be used or occupied and no building or structure or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations specified for the district in which it is located. (Ord. 190, 3-19-1973)

   A.   Nonconforming Legal Uses: Any lawful use of land or structures, or any structure, existing at the date of passage of this title or subsequent amendment thereto, and located in a zone in which it would not be permitted as a new use or structure under the terms of this title is declared to be a legal nonconformance. It is the intent of this title to permit these nonconformances to continue until terminated either by voluntary act or by catastrophic event, and to encourage their conversion to conformance where possible.

   B.   Nonconforming Recorded Lot Regulations: Construction of new buildings, alterations or repair of existing buildings that are being used for permitted uses but are located on nonconforming recorded lots shall be permitted. If any building is damaged or destroyed, it can be rebuilt for its original permitted use to the extent of its original development.

   C.   Nonconforming Structure Regulations: If any dwelling is damaged or destroyed, it can be rebuilt for its original permitted use to the extent of its original development and repairs, enlargements or alterations of an existing nonconforming structure shall be permitted; provided, that the enlargement or alteration does not increase the nonconformance.

   D.   Nonconforming Use Regulations: A nonconforming use shall be subject to the following regulations:

      1.   If any building or structure is destroyed by any means to an extent of more than fifty percent (50%) of the replacement cost of that portion of the principal and accessory building which are above the average ground elevation, such building or structure shall not be rebuilt or reoccupied for any use except in accordance with the zone regulations of the zone in which it is located.

      2.   Damage to an extent less than that of subsection D1 of this section shall be repaired in a manner as nearly conforming as possible.

      3.   Normal maintenance and repairs shall be permitted.

      4.   A nonconforming use shall not be enlarged. However, nothing herein shall be construed as prohibiting additions to any dwelling regardless of the zone in which such dwellings are located, nor shall anything herein be construed as prohibiting the construction of a garage as an accessory use to any dwelling unit regardless of the zone in which the dwelling is located. Nonconforming uses shall not be changed to any more intensive use other than one permitted in the zone in which it is located.

      5.   Discontinuation of a nonconforming use for any reason for a period of more than one hundred eighty (180) days shall be considered abandonment of that use. Such use shall not be reestablished and any subsequent use of the land or structure shall conform to the regulations of the zone in which it is located. (Ord. 190, 3-19-1973)

   E.   Nonconforming Subdivisions: Any subdivision which was recorded prior to its annexation to the village of Riverwoods or heretofore approved by the president and board of trustees of the village which would be nonconforming by reason of lack of lot area as otherwise required by this ordinance shall not be considered as a nonconforming use for the purpose of permitting construction of new buildings, additions or alterations to existing buildings or uses otherwise permitted in the zoning district in which the property is located. Nothing in this section shall be construed to prohibit the erection of a building, its alteration or addition merely because said construction is contemplated on a lot of record which fails to meet the lot area requirements, provided, however, that all other use and bulk regulations of the zoning ordinance in effect at the time permits are requested for such construction, addition or alteration shall be met. (Ord. 90-7-7, 7-17-1990)

   A.   Accessory uses, buildings and structures customarily incidental to and commonly associated with a use allowed as a permitted or special use within a particular zoning district may be allowed to occupy the same zoning lot as the permitted or special use, provided that the following standards are met:

      1.   The accessory use, building or structure shall be compatible with the principal use and principal building and shall not be established prior to the establishment of such principal use and principal building.

      2.   The accessory use, building or structure shall be subordinate in volume, floor area, intensity, extent, and purpose to the principal use and principal building. When located outdoors (and not in any required yards), tennis and other playing courts and swimming pools shall be classified as permitted accessory uses and accessory structures. If playing courts or swimming pools are enclosed and become detached accessory buildings, then they are subject to the regulations governing accessory buildings generally in this title. When any tennis or playing courts or swimming pools are located inside a principal building or are deemed to be part of a principal building by virtue of substantial attachment as provided in this title, they shall be classified as permitted accessory uses within the principal building provided they are subordinate to the principal use and principal building, meaning, among other things, that the gross floor area of the accessory use in question does not exceed seventy five percent (75%) of the gross floor area of the ground floor of the principal building not including any attached garage; provided, however, that if the story within the principal building containing any such playing courts or swimming pool shall be considered a basement level for purposes of this title, then such accessory uses shall be deemed subordinate to the principal use and principal building without regard to the gross floor area of such accessory uses. To the extent that any existing, indoor tennis courts, playing courts or swimming pools as of July 1, 2003, would no longer be deemed subordinate to the principal building in which they are located, such uses shall constitute a legal nonconformance and may continue as nonconforming lawful uses in accordance with the regulations of this title.

      3.   The accessory use, building or structure shall be operated under the same ownership and on the same zoning lot as the principal use and principal building, shall not include structural or structural features inconsistent with the principal use and principal building, and shall not involve the conduct of any business, profession, or trade unless expressly authorized in this title.

   B.   The keeping and breeding of equine animals, adult dogs or other animals and the growing and culture of nontoxic plants solely for the enjoyment of the owner or occupant are permitted accessory uses subject, however, to the following:

      1.   No equine animals are permitted on lots of less than eighty thousand (80,000) square feet exclusive of road easements. No more than two (2) equine animals may be kept on lots of eighty thousand (80,000) square feet or more, exclusive of road easements, but less than one hundred sixty thousand (160,000) square feet exclusive of road easements. A maximum of four (4) equine animals may be kept on lots of one hundred sixty thousand (160,000) square feet or more, exclusive of road easements.

      2.   No more than three (3) adult canines shall be housed, boarded, trained or bred on any lot at any time.

      3.   Other animals, such as, but not limited to, rabbits, chickens, ducks, geese, canaries, may be kept on any lot of one acre or more, provided the total number of such animals over forty (40) days of age does not exceed ten (10) at any time.

      4.   The keeping, hiring, trading, selling, nursing, propagation, culture or feeding of animals and plants for remuneration or other valuable considerations is prohibited in all districts. (Ord. 03-7-11, 7-2-2003)

      5.   The keeping, care or feeding of swine, goats, sheep, snakes, pigeons, bats, rats, bovine animals, hawks and eagles, and dangerous or game animals is prohibited in all districts. (Ord. 03-7-11, 7-2-2003; amd. Ord. 13-06-10, 6-4-2013)

      6.   Bees may be kept on any lot, provided such beekeeping is conducted in accordance with the standards from time to time set forth in this code to govern hobby beekeeping. (Ord. 13-06-10, 6-4-2013)

   C.   No accessory building or structure shall:

      1.   Be located nearer to the lot line than is provided by the minimum setback restrictions for the side, rear and front yard for the principal building of the use district in which the accessory building or structure is located, except those that are permitted as obstructions in yards in accordance with section 9-2-6-8 of this chapter; provided however, that any accessory building used for the housing, training or the keeping of equine animals shall be located not less than sixty feet (60') from any lot line. (Ord. 03-7-11, 7-2-2003)

      2.   Be located nearer than ten feet (10') to the nearest septic field or drainfield tile line, nor shall exercise rings, corrals, pastures or other open areas for training, keeping or use of equine animals be located over any septic tank or drainfield tile line. All such areas used for equine animals shall be suitably fenced to contain the equine animal in such a manner as to protect any adjoining properties from trespass by said equine animal and provide protection without danger of injury to the equine animal. Fencing to corral equine animals shall comply with the fence ordinance. (Ord. 03-7-11, 7-2-2003; amd. Ord. 11-11-26, 11-15-2011)

      3.   Be erected, altered or moved to a location within ten feet (10') of the principal building (except for an inground swimming pool). No principal building shall be erected, altered or moved to a location within ten feet (10') of any detached, accessory building. The distance between a principal and accessory building shall be measured from eaves to eaves.

   D.   In residential districts, no more than two (2) detached accessory buildings shall be permitted on any lot.

   E.   The total combined ground area of all detached accessory buildings on a lot in a residential district (excluding private garages) shall not exceed one-half of one percent (0.5%) of the lot area plus five hundred (500) square feet.

   F.   No accessory building or structure shall exceed fifteen feet (15') in height, for a flat roof or mansard roof or eighteen feet (18') in height for all other roofs, unless otherwise permitted as accessory to authorized special uses; however, detached, private garages in residential districts without a flat or mansard roof may be constructed to three-fourths (3/4) of the height of the principal structure, measured to the roof apex, but in no case shall the height exceed twenty six feet (26').

   G.   No accessory building containing living quarters shall be erected or occupied on any lot, unless otherwise permitted as accessory to authorized special uses. (Ord. 03-7-11, 7-2-2003)

   H.   No accessory building or structure constituting a tent or an inflatable building or structure that incorporates a structural and mechanical system and employs a high strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure, all of which are intended to provide an enclosed area, shall constitute a permitted accessory use or accessory building in any zoning district, except: 1) as a temporary noncommercial sponsored event for which a permit may be issued for up to five (5) days and 2) tents for housing outdoor events are allowed on country club property in accordance with the R-4 country club district regulations. Any tent or other temporary structure erected to house all or part of an event shall be removed within three (3) days following the completion of the function. Notwithstanding the foregoing restrictions, the village board may authorize a tent as a permitted temporary use on any property for which a special use has been granted for an animal shelter and training center, provided the village board makes the following findings: (Ord. 12-8-13, 8-7-2012; amd. Ord. 15-01-01, 1-6-2015)

      1.   The tent will be erected over a concrete foundation as a temporary measure before the erection of a permanent building over the foundation; and

      2.   The tent will be used for noncommercial events, but not for the housing of animals.

If the village board approves a tent based on the foregoing conditions, a temporary use permit shall be issued which shall be valid for a period of one year (and which shall authorize the installation, removal and reinstallation of the tent at any time during such period). Upon approval of the village board, the permit may be extended for a period of up to one additional year. Upon expiration of the permit, the owner shall remove the tent whether or not a permanent building has been commenced, unless a new permit is authorized by the village board. The issuance of a temporary use permit shall not waive any other applicable building and life safety codes and ordinances of the village with regard to the use and occupancy of the tent. (Ord. 12-8-13, 8-7-2012)

To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare and convenience within a given district or districts, but which might have an adverse effect on nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in section 9-11-9 of this title. (Ord. 190, 3-19-1973)

   A.   Permitted Obstruction: For the purposes of this title the following shall not be considered as obstructing when located in the yards indicated:

 

(Ord. 03-7-11, 7-2-2003; amd. Ord. 06-9-20, 9-19-2006; Ord. 11-11-26, 11-15-2011; Ord. 15-08-14, 8-4-2015)

   B.   General:

      1.   The minimum yard space required for one structure shall not again be considered as yard space for other adjoining structures.

      2.   No lot shall be reduced in area so that the yards or other open spaces become less than required by this title. (Ord. 190, 3-19-1973)

Recreational vehicles shall not be parked outdoors on any property within the village except as an accessory use for a single-family dwelling in accordance with the provisions and restrictions of this section.

   A.   Only one recreational vehicle at a time may be parked on the resident's own parcel. If the recreational vehicle is visible from the front property line of the parcel, then it shall be parked, except during active loading or unloading, such that the long axis of the recreational vehicle is nearly perpendicular to the street to minimize the bulk of the recreational vehicle seen from the street. Except for the portion of the recreational vehicle properly parked as just described and still visible from the front property line, the balance of the recreational vehicle shall be screened with fencing or landscaping that achieves at least ninety percent (90%) opacity in all seasons. Screening with landscaping or fencing shall be situated to block the view of such vehicle in all seasons from the vantage point of first floor rooms, decks and patios of neighboring residences looking across their side and rear yards. The height of the fence, when used for screening a recreational vehicle, shall comply with the provisions of this code regulating such fences. Any fencing used for screening shall not have a roof or any other permanent structure covering the top that would convert this screening into a building in violation of building codes. Every permit application to construct a paved area for parking a recreational vehicle shall include a screening plan for the recreational vehicle addressing the requirements of this section. Notwithstanding the limit of one recreational vehicle per parcel set forth above, a guest is allowed to park one additional recreational vehicle on the resident's parcel without meeting the screening requirements, provided that the resident obtains a temporary parking permit from the police department and displays same on the vehicle. The number of days during which guest parking is allowed on a resident's parcel shall not exceed fourteen (14) days in any three hundred sixty five (365) day period commencing with the date of the issuance of the permit to the resident.

   B.   A recreational vehicle when parked on a resident's parcel shall not be parked in the front yards of such parcel but may be parked in a side or rear yard on a paved driveway or pad located a minimum of ten feet (10') from the nearest property line.

   C.   A recreational vehicle when parked on a resident's parcel shall be parked on a paved driveway or pad and shall not have its wheels or hitches removed, or be affixed to the ground in any way which delays its quick removal.

   D.   A recreational vehicle shall not exceed thirty feet (30') in length.

   E.   No part of any recreational vehicle, which is more than twenty feet (20') in length, shall be parked or stored closer to the public right of way than the closest wall of the principal building located on the property where it is stored, except that for purposes of cleaning, maintenance or other preparation, a recreational vehicle may be parked on the driveway closer to the front property line than the closest wall of the principal building for up to fourteen (14) days (which may or may not be consecutive) during the period of April 1 through October 30 of each year. No major repairs shall be performed on any recreational vehicle except within a garage or other building.

   F.   A recreational vehicle when parked on a resident's parcel shall be owned by the resident or occupant on whose property it is located or shall be a guest of such resident and shall be so maintained that it does not constitute a nuisance under this code.

   G.   No recreational vehicles shall contain goods, materials or equipment other than those items which form a part of the vehicle or which are equipment accessory to its use.

   H.   No part of any recreational vehicle shall be parked on private property in such a way as to create a dangerous or unsafe condition. All pointed objects such as boat propellers and motors protruding from recreational vehicles shall not extend into or cover any bicycle path, sidewalk, roadway, pavement or other pedestrianway.

   I.   No recreational vehicle while parked on the resident's parcel shall be used for living, sleeping, cooking or household purposes. No recreational vehicle shall be connected to sewer lines, water lines, or electricity, except that temporary electrical or water connections are permitted for charging batteries and filling tanks.

   J.   When any recreational vehicle is equipped with liquefied petroleum gas containers, such containers shall meet the standards of either the interstate commerce commission or the federal department of transportation or the American Society Of Mechanical Engineers, as such standards exist or are hereafter amended. Further, the valves of such liquefied petroleum gas containers must be closed when such towed trailer or boat is not being readied for immediate use, and in the event that leakage is detected from such liquefied petroleum gas containers, immediate corrective action must be taken.

   K.   The ground area adjacent to or under any parked or stored recreational vehicle must be free of noxious weeds or debris and shall not be used for the storage of any other material or goods. (Ord. 15-11-20, 11-17-2015)

   A.   Garage Sales:

      1.   In any residential district, a temporary use permit shall be required for a garage sale, and it shall be unlawful for any person to conduct or allow a garage sale without applying for and obtaining a permit.

      2.   Each permit shall be valid for a period of not more than three (3) consecutive days. Not more than two (2) permits for a home or garage sale shall be issued for the same zoning lot in one calendar year, January 1 to December 31. The fee for both permits shall be five dollars ($5.00), or such higher amount as may from time to time be set forth in the annual fee ordinance.

      3.   The term "garage sale" includes all general sales of goods open to the public, conducted from a residential premises including, but not limited to, all sales entitled "garage", "lawn", "yard", "attic", "porch", "room", "backyard", "patio", "flea market", "rummage", "estate", or "moving" sale.

      4.   The garage sale must be incidental to the use of the property for residential purposes and must be conducted in such a manner as to be compatible with the residential character of the neighborhood. The merchandise sold must be limited to household goods and furnishings, which have been in use in the single- family dwelling located on the premises or which belong to other village residents, provided such other residents conduct the sale jointly with the owner of the premises on which the sale is held.

      5.   No garage sales shall operate before eight thirty o'clock (8:30) A.M. or after sunset on any day. No portion of any garage sale shall take place on any public or private landscaped area, on any public sidewalk, or on any public right of way or private street easement.

      6.   Only off site directional signs not to exceed four (4) square feet in area shall be permitted for the purpose of advertising garage sales. Such signs shall not be erected in excess of twenty four (24) hours prior to the commencement of the garage sale and shall be removed within two (2) hours after the termination of the sale. (Ord. 12-8-13, 8-7-2012)

Notwithstanding any other requirements of this title, when a road easement or driveway is provided on a lot, there must be established a buffer or setback between said road easement or driveway of at least twenty feet (20') from the side lot line of the nearest adjoining lot, except that the width of the buffer or setback may be reduced to fifteen feet (15') to accommodate a driveway apron in that part of the driveway located in the street right of way or street easement but the buffer or setback shall be restored to twenty feet (20') beyond the apron. (Ord. 06-1-1, 1-17-2006)

Notwithstanding any other requirements of this title, a warning siren when authorized by the board of trustees shall be a permitted use of a site in all zoning districts and shall not be deemed obstructing when located in any required yard or in violation of height restrictions, provided that the village owns the site or holds the right to use the site pursuant to an easement, lease or license agreement. The board of trustees shall not authorize the installation of more than two (2) warning sirens in the village. (Ord. 12-6-7, 6-5-2012)

   A.   Regulations Applying To All Districts:

      1.   All water supply systems and all sewage and waste disposal systems in any use district shall comply with section 10-1-7 of this code.

      2.   In addition, all water supply systems and sewage and waste disposal systems not heretofore constructed shall be subject to the approval of the plan commission and building officer of the village. Such approval shall be withheld if, in the judgment of said plan commission or said building officer, the proposed system does not comply with the village regulations regulating same, does not provide adequate safety for public health, or will not adequately serve the proposed residence, business, industry or other facility for which it is intended 1 .

   B.   Regulations Applying To Residential Districts: Individual water facilities will be approved by the village building officer only upon adequate proof that wells are free from contamination. The approval of the village building officer is a requirement in addition to those stated in the aforementioned subdivision regulations.

   C.   Regulations Applying To Districts Other Than Residential Districts:

      1.   All wells hereafter drilled, dug or constructed in districts other than residential districts shall be designed and constructed so that no water is removed from such strata, aquifer, or other underground source as supplies the water to a majority of residences within the village or within a three (3) mile radius of the subject well.

      2.   All wells shall be cased in such a manner as to ensure freedom from contamination and freedom from infiltration from nearby residential water supply sources.

      3.   Individual septic systems making use of septic tanks and fields shall be allowed in districts other than residential districts; provided, that the area in which said septic system is installed shall exceed forty five thousand (45,000) square feet exclusive of all structures and parking areas.

   D.   Regulations Applying To All Sewage Disposal Units: All septic fields shall comply with the Lake County health department individual sewage disposal system rules and regulations and shall further comply with the recommendations of the United States department of agriculture soil conservation service and shall further comply with the requirements of any subdivision ordinance of the village and shall further comply with any separate ordinance enacted or hereinafter enacted by the corporate authorities of the village regulating private sewage disposal systems. (Ord. 190, 3-19-1973)

   A.   Requirements: Screening easements shall be required in the following cases:

      1.   Where any use other than residential abuts the residential district.

      2.   Where any use other than residential abuts a private or public road or alley contiguous to a residential district. (Ord. 190, 3-19-1973; amd. Ord. 86-11-22, 11-18-1986)

   B.   Planting Specifications:

      1.   All planting screens shall consist of evergreens.

      2.   Planting screen easements shall have a width of not less than twenty feet (20').

      3.   Plantings shall be randomly placed so that an effective visual screen of at least eight feet (8') in height is provided. (Ord. 190, 3-19-1973)

   VILLAGE OF RIVERWOODS

   MINIMUM LOT STANDARDS

 

(Ord. 95-9-11, 9-19-1995)