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Riverwoods City Zoning Code

CHAPTER 4

RESIDENCE DISTRICTS

9-4-1: HOME OCCUPATIONS:

Subject to the restrictions set forth in this section, certain home occupations are permitted in a dwelling unit provided such use is incidental and secondary to the residential occupancy thereof by the primary residents. The rental use of a dwelling unit by primary residents is a permitted principal use in the residential districts and not a home occupation use. The intent of this section is to provide peace, quiet and domestic tranquility in all residential neighborhoods within the village, to preserve the essential residential character of the dwelling unit and surrounding neighborhoods and to prevent nuisances, fire hazards, excessive noise, light and traffic, and other effects that may result from business or commercial uses being conducted in residential districts.
   A.   Home occupations shall be conducted only by the primary residents of a household. Private tutoring or other types of instruction to a group of persons not to exceed five (5) in the aggregate shall be permitted. Home occupations shall not be conducted as businesses openly welcoming the public at the property, and in all cases home occupations shall be conducted in a manner not to constitute a nuisance or hazard to neighboring persons or property.
   B.   Every occupant of a dwelling unit, as a permitted home occupation, shall have the right to (i) maintain a personal professional library, (ii) keep personal business records or accounts therein, (iii) handle personal business or professional calls or correspondence therefrom, or (iv) designate the premises as the registered office of the owner’s business.
   C.   Home stay rental (satisfying the minimum 4-week occupancy term) shall be a permitted home occupation, provided it is conducted in compliance with the following restrictions and other appliable provisions of this code:
      1.   Home stay rental shall not be the principal use of a dwelling unit.
      2.   The use of accessory buildings, swimming pools, playing courts or other amenities of the dwelling unit solely by the persons authorized to occupy the home as a home stay rental shall be considered part of the home stay rental use.
      3.   All vehicles used by occupiers or guests of the home stay rental must be parked overnight on improved surfaces on the property and may not be parked on any street or right-of-way.
      4.   All garbage and refuse must be stored inside, and may not be placed outdoors on the property, except on the designated day for garbage and refuse collection.
   D.   Without limiting other provisions of this section, permitted home occupations shall not include the following uses, which are deemed unlawful business uses in the residential districts:
      1.   Any wholesale or retail business, unless conducted entirely by mail or telephone and does not involve in-person sale, receipt or delivery of merchandise on the premises.
      2.   Any manufacturing business.
      3.   A service establishment of any kind operating on or from the premises.
      4.   A medical clinic or hospital.
      5.   A barbershop or beauty shop.
      6.   A stable or dog kennel open to the public.
      7.   A restaurant.
      8.   Veterinary or animal hospital.
      9.   The repair, bodywork or painting of any automobile, trailer, truck or other vehicle when such activity is conducted as a business.
      10.   Any activity that produces noxious matter, or is a public hazard or nuisance.
      11.   Any rental use of a dwelling unit, other than by the primary residents thereof, if such rental use does not constitute a home stay rental; provided that the temporary use of a dwelling unit by the selling party pursuant to a post-closing agreement executed in conjunction with a contract to sell the dwelling unit shall be allowed.
      12.   Any rental use of accessory buildings, swimming pools, playing courts or other amenities of a dwelling unit by other than the primary residents, unless such rental accessory use is by the occupants of the home stay rental.
   E.   The following operational restrictions shall apply to permitted home occupations.
      1.   Permitted home occupations shall be conducted within the dwelling unit or within an accessory building on the property, provided this restriction shall not bar the accessory use of swimming pools, playing courts or other amenities of the dwelling unit when the use thereof is by the occupants of the home stay rental.
      2.   There shall be no direct retail sales of merchandise, other than by personal invitation or appointment.
      3.   All storage of goods, materials, products or merchandise used or sold in conjunction with a home occupation shall be wholly within the principal building or accessory building containing the home occupation. There shall be no exterior storage of equipment or materials used in such home occupations.
      4.   Permitted home occupations shall not include the use of any mechanical equipment except that which is usual for purely domestic or hobby purposes or which does not produce noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, intense light, or radiation outside the principal dwelling that is greater or more frequent than that of typical equipment used in connection with residential occupancy.
      5.   Permitted home occupations shall not include exterior display or exterior signs except as are permitted by the sign regulations for residence districts.
      6.   The repair, bodywork or painting of any automobile, trailer, truck or other vehicle (other than for operable vehicles privately owned by and registered in the name of the owner of the property on which said vehicles are located) shall be considered a business use and is not allowed in any residential district. Parking of commercial vehicles outside of a garage, whether or not used in a permitted home occupation, shall be subject to the provisions of section 9-4-4 of this chapter. (Ord. 23-08-10, 8-1-2023)

9-4-2: PROHIBITED BUILDINGS AND STRUCTURES:

The following types of buildings are prohibited in all districts:
   A.   Trailers, mobile homes or temporary residential structures, except recreational vehicles which may be stored in accordance with the provisions of this title.
   B.   Inflatable buildings or structures that incorporate a structural and mechanical system and employ a high strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure.
   C.   Self-supporting, arch steel buildings that use prefabricated arch sheet steel panels and similar designs of "quonset" style buildings whose skin is made of steel sheathing or panels placed over a steel frame. (Ord. 03-7-11, 7-2-2003)

9-4-3: RELIGIOUS INSTITUTIONS:

Religious institutions may be constructed within those zoning districts in which they are listed as special uses, subject to the general requirements for the granting of special uses as required by this title and to the regulations generally applicable within the zoning district where located, except as modified by the following specific regulations:
   A.   The minimum site area for a religious institution shall be five (5) acres. Sites shall be single or multiple lots controlled for development by a single interest. No site shall be subdivided unless the subdivision fully complies with the subdivision control ordinance (title 10 of this Code) and all other applicable Village Code provisions.
   B.   No religious institution shall be located in any residential zoning district unless the site has a minimum of one hundred fifty feet (150') of frontage on Lake-Cook Road, Milwaukee Avenue, Deerfield Road, Riverwoods Road, Duffy Road or Saunders Road. Access to any religious institution shall be limited to Lake-Cook Road, Milwaukee Avenue, Deerfield Road, Riverwoods Road, Duffy Road or Saunders Road.
   C.   The impervious surface ratio, as applied to religious institutions, is the area covered by buildings, parking, drives, aisles, loading areas, patios or other paved areas, divided by the site area in accordance with the following formula:
 
ISR
=
Ab + Ap + Al + Ao
            S
 
 
Where:
ISR
=
Impervious surface ratio.
Ab
=
Building area, the area covered by buildings from the maximum outside dimensions.
Ap
=
Parking areas, all paved areas used for parking or access to those areas.
Al
=
Loading areas, all paved areas used for loading or access to those areas.
Ao
=
Other areas, all other paved areas, including patios, walks, entryways, etc.
S
=
Site area, the actual area of the site, minus the existing road right-of-ways and ingress and egress easements.
 
The maximum ISR for any site in a residential zoning district shall be 0.25. The maximum ISR for any site in a nonresidential zoning district shall be governed by the regulations of the applicable district.
   D.   All buildings for a religious institution shall have a setback of one hundred feet (100') from the lot lines. In residential districts, the holding of concerts, assemblies, services or other events outdoors on the site shall be limited to six (6) events per calendar year, and, subject to the foregoing limited exception, all principal and accessory uses (other than parking) in a residential district shall be conducted inside the buildings on the site. (Ord. 03-6-9, 6-3-2003)
   E.   The exterior of all sites in any residential district in which a religious institution is to be located shall have a sixty foot (60') planted buffer yard. There shall be no parking or drives permitted in buffer yards, but parking shall be allowed in the remaining portions of the required yards, if allowed by the terms of the site development plan approved for the site. Access roads may cross the buffer yards when required for access, but shall be oriented to minimize the areas consumed by such crossings. In order to be compatible with or promote the wooded character of the Village, buffer yards shall be landscaped to promote the establishment and conservation of natural wooded areas, so that eighty percent (80%) of their area is in natural plantings, as recommended by the Village Forester. No more than twenty percent (20%) of the total area may be in water features, unless waived by the Village Engineer and approved by the Village Board as a condition of the special use. Buffer yards shall be planted with canopy trees, understory trees and shrubs interbedded to form a planting arrangement with all three (3) heights of plant material intermixed. The ground cover may be bark or wood chips, natural unmowed grasses, flowers or ground covers, as approved by the Village Forester. Tree reforestation plans shall be prepared when required under the Village's tree and woodland protection ordinance. (Ord. 03-6-9, 6-3-2003; amd. Ord. 18-03-05, 3-6-2018)
   F.   All parking areas shall comply with the requirements of section 10-5-12 of this Code and other applicable provisions of chapter 10 of this title; provided, that there shall be provided adequate space for motor vehicle parking based on a minimum of one space for every three (3) seats (whether fixed seats or bench seats, and generally based on the maximum seating capacity for persons intended to gather for assembly) while also providing parking spaces for accessory uses; however, if approved as part of the site development plan for the site, parking for principal and accessory uses may be shared. If recommended as a condition of the special use, the Village Board may allow twenty percent (20%) of the parking spaces to remain unimproved in a landscaped preserve until such time as the Village Board determines that they should be constructed.
   G.   An application for a special use permit for a religious institution shall require submission of a site development plan, landscape plan, traffic analysis and other related documents, as the Plan Commission or the Village Board shall require.
   H.   No application for a special use permit for a religious institution shall be approved unless the Village Board, in addition to making the required findings under section 9-11-9 of this title, shall find that the proposal substantially adheres to the following design criteria:
      1.   The site will satisfy the minimum required frontage and limited access requirements set forth in this section. (Ord. 03-6-9, 6-3-2003)
      2.   The natural topographic and landscape features of the site will be preserved and incorporated into the development wherever possible, including compliance with the buffer yard requirements set forth in this section and the terms and conditions of the tree and woodland protection ordinance. (Ord. 03-6-9, 6-3-2003; amd. 18-03-05, 3-6-2018)
      3.   The buildings on the site will be oriented in a manner that creates harmonious development and will minimize the visual impact on any adjacent areas, particularly residential areas.
      4.   Stormwater detention facilities will comply with the requirements of title 11, chapter 1, "Village Of Riverwoods Watershed Development Ordinance", of this Code and be designed as a visual amenity for the project, wherever possible.
      5.   The exterior elevations of the buildings will require the use of higher grade finishes that demonstrate an architecturally harmonious development throughout the entire site; for sites in a residential district, the exterior elevations of the buildings will incorporate residential design features in order that the buildings will harmonize with the appearance and general character of the residential area. (Ord. 03-6-9, 6-3-2003)
      6.   Lighting standards and signage on the site will conform to the requirements of the residential outdoor lighting ordinance (title 5, chapter 6 of this Code). (Ord. 06-9-20, 9-19-2006)

9-4-4: OUTSIDE PARKING IN RESIDENTIAL AREAS:

Parking or storing of any commercial vehicle in any residential district, other than in accordance with the restrictions of this section, for a period longer than to load or unload or to render a service, shall be considered a business use and not a residential use, and shall not be allowed at any single-family dwelling, except as follows:
   A.   One panel or cargo van that is privately owned and registered to the owner of the premises (or to the owner's employer) and having a gross vehicle weight rating (GVWR) (as defined in the Illinois Vehicle Code) of ten thousand (10,000) pounds or less may be parked upon a driveway serving a single- family dwelling and need not be parked within a completely enclosed garage, provided that such vehicle does not display lettering or logos or have removable equipment or merchandise, in either case, that is visible beyond the property line.
   B.   One commercial vehicle that is privately owned and registered to the owner of the premises and that does not satisfy the exception in subsection A of this section, may be parked within a completely enclosed garage; provided, however, such vehicle need not be enclosed and may be parked upon the driveway serving a single-family dwelling, if the commercial vehicle is 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 commercial 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.
   C.   Notwithstanding the other provisions of this section, no commercial vehicle shall be parked or stored on a single- family property if its gross vehicle weight rating (GVWR) exceeds fourteen thousand (14,000) pounds. (Ord. 15-08-14, 8-4-2015)

9-4A-1: PURPOSE:

The zoning district created by this article is intended to and shall apply and be applicable only to contiguous lands of fifty (50) acres or more. (Ord. 80-5-7, 5-27-1980)

9-4A-2: PERMITTED USES:

Accessory uses as regulated by this title.
Community Residence
Home occupations as permitted by this title.
Signs as permitted by the Riverwoods sign ordinance (title 12 of this code).
Single-family detached dwellings.
Temporary signs and structures as required for construction purposes for a period not to exceed such construction, but in no event for more than one year. (Ord. 80-5-7, 5-27-1980; amd. Ord. 03-7-11, 7-2-2003; Ord. 21-04-07, 4-20-2021)

9-4A-3: SPECIAL USES:

   Parks, recreation and forest areas or wildlife preserves where such are owned by the village for the sole benefit of all its residents.
   Transitional Residence, pursuant to the provisions of section 9-11-14 of this title.
   Utility and public uses where specifically regulated by franchise granted to or contract with the particular utility or public service by the village board.
(Ord. 80-5-7, 5-27-1980; amd. Ord. 86-11-22, 11-18-1986; Ord. 21-04-07, 4-20-2021; Ord. 24-09-13, 9-3-2024)

9-4A-4: LOT AREA REQUIREMENTS:

   A.   Lot Area: There shall be not less than forty two thousand (42,000) square feet of lot area per dwelling unit. Said lot area may include the land lying within the right of way of any streets, roads and private easements for ingress and egress lying adjacent to said lot.
   B.   Floor Areas: One-story dwellings shall have a total habitable ground floor area of not less than one thousand three hundred fifty (1,350) square feet. Dwellings having more than one story shall have not less than nine hundred (900) square feet of habitable ground floor area nor less than one thousand five hundred (1,500) square feet of total habitable floor area.
   C.   Frontage:
      1.   No interior lot shall have a frontage less than seventy five feet (75') at the front lot line, nor one hundred five feet (105') at the front building line.
      2.   No corner lot shall have a frontage less than ninety five feet (95') at the front lot line, nor one hundred twenty five feet (125') at the front building line.
   D.   Lot Coverage:
      1.   No lot shall have a building coverage greater than fifteen percent (15%) of the lot area for the principal building and any attached accessory use or building.
      2.   Detached accessory buildings are not permitted. (Ord. 80-5-7, 5-27-1980)

9-4A-5: BUILDING HEIGHT:

Building height shall not exceed thirty five feet (35') above grade level. (Ord. 03-7-11, 7-2-2003)

9-4A-6: YARD REQUIREMENTS:

   A.   Front Yard: There shall be provided a front yard of not less than fifty feet (50') in depth, measured perpendicular to the front lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted by section 9-2-6-8 of this title.
   B.   Side Yard: There shall be provided two (2) side yards, each of which shall not be less than thirty feet (30') in width, measured perpendicular to each side lot line. On a corner lot there shall be a front yard on each street side of such lot, except that the buildable width of the lot shall not be reduced to less than forty five feet (45'). In order to maintain a buildable width of lot no less than forty five feet (45'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.
   C.   Rear Yard: There shall be provided a rear yard of not less than forty feet (40'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 03-7-11, 7-2-2003)

9-4B-1: PERMITTED USES:

Accessory uses as regulated by this title.
Community residence.
Home occupations as permitted by this title.
Signs as permitted by the Riverwoods sign ordinance (title 12 of this code).
Single-family detached dwellings.
Temporary signs and structures as required for construction purposes for a period not to exceed such construction, but in no event for more than one year. (Ord. 190, 3-19-1973; amd. Ord. 03-7-11, 7-2-2003; Ord. 21-04-07, 4-20-2021)

9-4B-2: SPECIAL USES:

Animal shelter, training center and clinic.
Medical or other single purpose office building, not used as a single-family residence, where the lot is abutting a nonresidential zoning district and one or more of the following major roads: Lake Cook Road, Milwaukee Road or Saunders Road (south of Deerfield Road).
Nursing, convalescent and rehabilitation facilities authorized by special use prior to January 1, 1985, and "social service centers" authorized by special use pursuant to the provisions of section 9-11-13 of this title.
Parks, recreation and forest areas or wildlife preserves where such are owned by the village for the sole benefit of all its residents.
Planned unit developments pursuant to the provisions of section 9-11-12 of this title.
Religious institutions.
Transitional Residence, pursuant to the provisions of section 9-11-14 of this title.
Utility and public uses where specifically regulated by franchise granted to or contract with the particular utility or public service by the village board. (Ord. 190, 3-19-1973; amd. Ord. 84-3-17, 3-19-1984; Ord. 85-11-52, 11-19-1985; Ord. 93-1-3, 1-19-1993; Ord. 96-5-7, 5-21-1996; Ord. 98-12-41, 12-15-1998; Ord. 03-6-9, 6-3-2003; Ord. 21-04-07, 4-20-2021)

9-4B-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: There shall be not less than forty two thousand (42,000) square feet of lot area per dwelling unit. Said lot area shall exclude the land lying within the right of way of any streets, roads and private easements for ingress and egress lying adjacent to said lot.
   B.   Floor Areas: One-story dwellings shall have a total habitable ground floor area of not less than one thousand three hundred fifty (1,350) square feet. Dwellings having more than one story shall have not less than nine hundred (900) square feet of habitable ground floor area nor less than one thousand five hundred (1,500) square feet of total habitable floor area.
   C.   Frontage: No lot shall have a frontage of less than seventy five feet (75') nor an average lot width of less than one hundred fifty feet (150'). (Ord. 86-9-20, 9-16-1986)

9-4B-4: BUILDING HEIGHT:

Building height shall not exceed thirty five feet (35') above grade level. (Ord. 03-7-11, 7-2-2003)

9-4B-5: YARD REQUIREMENTS:

   A.   Front Yard: There shall be provided a front yard of not less than fifty feet (50') in depth, measured perpendicular to the front lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted in section 9-2-6-8 of this title.
   B.   Side Yard: There shall be provided two (2) side yards, each of which shall be not less than thirty feet (30') in width, measured perpendicular to each side lot line. On a corner lot there shall be a front yard on each street side of such lot, except that the buildable width of the lot shall not be reduced to less than forty five feet (45'). In order to maintain a buildable width of lot no less than forty five feet (45'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.
   C.   Rear Yard: There shall be provided a rear yard of not less than forty feet (40'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 03-7-11, 7-2-2003)

9-4C-1: PERMITTED USES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4C-2: SPECIAL USES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4C-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: There shall be not less than sixty thousand (60,000) square feet of lot area per dwelling unit. Said lot area shall exclude the land lying within the right of way of any streets, roads and private easements for ingress and egress lying adjacent to said lot.
   B.   Floor Areas: As in R-1 districts.
   C.   Frontage: No lot shall have a frontage of less than one hundred twenty feet (120') nor an average lot width of less than one hundred fifty feet (150'). (Ord. 190, 3-19-1973)

9-4C-4: BUILDING HEIGHT:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4C-5: YARD REQUIREMENTS:

   A.   Front Yard: There shall be provided a front yard of not less than fifty five feet (55') in depth, measured perpendicular to the front lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted by section 9-2-6-8 of this title.
   B.   Side Yard: There shall be provided two (2) side yards, each of which shall not be less than thirty five feet (35') in width, measured perpendicular to each side lot line. On a corner lot there shall be a front yard on each street side of such lot, except that the buildable width of the lot shall not be reduced to less than fifty feet (50'). In order to maintain a buildable width of lot no less than fifty feet (50'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.
   C.   Rear Yard: There shall be provided a rear yard of not less than forty five feet (45'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 03-7-11, 7-2-2003)

9-4D-1: PERMITTED USES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4D-2: SPECIAL USES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4D-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: There shall be not less than eighty thousand (80,000) square feet of lot area per dwelling unit. Said lot area shall exclude the land lying within the right of way of any streets, roads and private easements for ingress and egress lying adjacent to said lot.
   B.   Floor Areas: As in R-1 districts.
   C.   Frontage: No lot shall have a frontage of less than one hundred fifty feet (150') nor an average lot width of less than one hundred fifty feet (150'). (Ord. 190, 3-19-1973)

9-4D-4: BUILDING HEIGHT:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4D-5: YARD REQUIREMENTS:

   A.   Front Yard: There shall be provided a front yard of not less than sixty feet (60') in depth, measured perpendicular to the front lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted by section 9-2-6-8 of this title.
   B.   Side Yard: There shall be provided two (2) side yards, each of which shall not be less than forty feet (40') in width, measured perpendicular to each side lot line. On a corner lot there shall be a front yard on each street side of such lot, except that the buildable width of the lot shall not be reduced to less than fifty five feet (55'). In order to maintain a buildable width of lot no less than fifty five feet (55'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.
   C.   Rear Yard: There shall be provided a rear yard of not less than fifty feet (50'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 03-7-11, 7-2-2003)

9-4E-1: PERMITTED USES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4E-2: SPECIAL USES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4E-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: There shall be not less than two hundred thousand (200,000) square feet of lot area per dwelling unit, provided that at least eighty thousand (80,000) square feet of said tract is three feet (3') above the high water mark to provide for living space, septic fields and an acceptable well.
   B.   Floor Areas: As in R-1 districts.
   C.   Frontage: No lot shall have less than three hundred feet (300') of frontage nor an average lot width of less than one hundred fifty feet (150'). (Ord. 190, 3-19-1973)

9-4E-4: BUILDING HEIGHT:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4E-5: YARD REQUIREMENTS:

   A.   Front Yard: There shall be provided a front yard of not less than one hundred feet (100') in depth, measured perpendicular to the front lot line, except where it is impossible to locate eighty thousand (80,000) square feet above the floodplain without deviations. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted by section 9-2-6-8 of this title.
   B.   Side Yard: There shall be provided two (2) side yards, each of which shall not be less than forty feet (40') in width, measured perpendicular to each side lot line, except where it is impossible to locate eighty thousand (80,000) square feet above the floodplain without deviations. On a corner lot there shall be a front yard on each street side of such lot, except that the buildable width of the lot shall not be reduced to less than sixty five feet (65'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.
   C.   Rear Yard: There shall be provided a rear yard of not less than one hundred feet (100'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 03-7-11, 7-2-2003)

9-4E-6: GRADE RESTRICTIONS:

No building or structure other than a fence shall be erected on or moved to a lot or tract of land in this district unless the ground upon which said building or structure is to be erected and the ten feet (10') beyond the limits of said building or structure is raised to such level that the main floor of said building or structure shall be not less than three feet (3') above the high water level. No basement floor or other floor shall be constructed below or at lower elevation than the main floor. The "high water level or mark" shall be defined as six hundred forty two feet (642') above mean sea level, 1929 adjustment. (Ord. 190, 3-19-1973)

9-4F-1: DEFINITIONS:

GOLF SHELTER: An accessory building located on a golf course and intended to provide temporary shelter for players during play on a golf course. A golf shelter does not include kitchen or residential facilities of any kind.
PARK DISTRICT GOLF COURSE: A golf course (including practice putting greens and driving ranges), clubhouse, golf pro shop and related facilities operated by an Illinois park district organized under the park district code of the state of Illinois (or any successor statute) for the benefit of park district residents and nonresidents. (Ord. 98-6-14, 6-16-1998)

9-4F-1-1: PERMITTED USES:

Country club.
Country club residences. (Ord. 98-6-14, 6-16-1998)

9-4F-1-2: SPECIAL USES:

Golf shelters, including sanitary facilities therein if served by sewers, as an accessory use for a country club or park district golf course.
Park district golf course.
Parks, recreation, stormwater control facilities, forest areas or wildlife preserves where such are owned by the village (or controlled by the village pursuant to a conservation easement) for the sole benefit of all of the village's residents.
Religious institutions.
Utility and public uses where specifically regulated by franchise granted to or contract with the particular utility or public service by the village board. (Ord. 98-6-14, 6-16-1998; amd. Ord. 03-6-9, 6-3-2003)

9-4F-2: LOT AREA REQUIREMENTS FOR COUNTRY CLUB RESIDENCES:

   A.   Lot Area: Lot area per dwelling unit shall be not less than forty three thousand five hundred sixty (43,560) square feet, exclusive of roads and highways.
   B.   Floor Areas: As in R-1 districts.
   C.   Frontage: No lot shall have a frontage of less than seventy feet (70') nor an average width of less than one hundred fifty feet (150').
   D.   Lot Coverage: Not more than twenty five percent (25%) of the area of the lot may be covered by main buildings, structures or accessory buildings.
   E.   Easements: Easements on the lots located in the R-4 country club residential district may be executed for the use and benefit of the adjacent R-4 country club district or the owners thereof, but said easements shall not exceed twenty percent (20%) of the total area of each lot. (Ord. 190, 3-19-1973)

9-4F-3: BUILDING HEIGHT FOR COUNTRY CLUB RESIDENCES:

As in R-1 districts. (Ord. 190, 3-19-1973)

9-4F-4: YARD REQUIREMENTS FOR COUNTRY CLUB RESIDENCES:

   A.   Front Yard: There shall be provided a front yard of not less than fifty feet (50') in depth, measured perpendicular to the front lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted by section 9-2-6-8 of this title.
   B.   Side Yard: There shall be provided two (2) side yards, each of which shall not be less than thirty feet (30') in width, measured perpendicular to each side lot line. On a corner lot there shall be a side yard of not less than forty five feet (45') on the side adjacent to any street which intersects the street on which the structure maintains frontage. The buildable width of a lot shall not be reduced to less than forty five feet (45'). In order to maintain a buildable width of lot no less than forty five feet (45'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.
   C.   Rear Yard: There shall be provided a rear yard of not less than forty feet (40'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 03-7-11, 7-2-2003)

9-4F-5-1: CHANGE OF ZONE CLASSIFICATION:

   A.   Territory may be rezoned to this classification by application to rezone territory within this village or by annexation of territory contiguous to the village under this classification. In any event, said lands shall be used only for country clubs, park district golf courses and country club residences. Before any application to rezone territory to this classification shall be heard, or before any annexation of territory under this classification shall be ordained, there shall be submitted to the village authorities an accurate plat indicating clearly the area set forth for use as country club, park district golf course and country club residences, all accessory structures and parking, the front, rear and side yards and distance from adjacent lots zoned for single-family use and other relevant dimensions as may be prescribed by the village board.
   B.   Before any application to rezone territory to this classification shall be approved, or before any territory shall be annexed to the village under this classification, the applicant or petitioner shall agree to execute such restrictions, conditions and covenants running with the land, as may be required by the village authorities and as may be related to the health, safety, morals and general welfare. The corporate authorities of the village may require that a golf course, clubhouse and recreational facilities, as set forth in the plat submitted to the village authorities, be completed before permits for the building of residences are issued. In the event the area set forth in the plat or map submitted to the village for use as a country club or park district golf course is not so used, or if such use is abandoned, the corporate authorities of the village may reclassify the territory to residential use, but such reclassification shall not be less than that of two (2) acre minimum one-family residential use. (Ord. 98-6-14, 6-16-1998)

9-4F-5-2: LICENSES:

   A.   It shall be unlawful to operate a country club without a valid license issued by the village. Such license shall only be issued upon proper application and shall remain valid only so long as the ordinances and regulations of the village pertaining thereto are complied with. Such license shall be for the operation of a "country club" as defined in this code and subject to the regulations set forth in section 9-4F-5-5 of this article, and for a definite period of time not to exceed one year.
   B.   Thirty (30) days prior to the issuance or renewal of any license authorized under this chapter, said licensee shall first deliver to the village president a complete application as set forth herein. Applications for such license shall be made to the village president in writing, signed by the applicant if an individual, or by a duly authorized agent of a business entity, verified by oath or affidavit, and contain the following information and statements:
      1.   If the applicant is an individual, the application shall contain the individual's name, residential address, and telephone number. If the applicant is a partnership or other noncorporate business entity, the application shall contain the name and residential address of each partner, manager or member thereof, a telephone number for the principal contact person, and the registered agent of such entity. If the applicant is a corporation or limited liability company, the application shall contain the name and residential address of each principal officer, a telephone number for the principal contact person, and the registered agent of said corporation or limited liability company. If the applicant is any business entity, said applicant shall notify the village clerk, in writing, by certified mail, at any time there is a change in or of any officers, directors, general partners, managers or members thereof, as applicable. Such notice shall include a statement of qualification of eligibility to receive a license of all officers, directors, partners, managers or members, as hereinafter defined. Failure to make such notice shall subject said applicant to suspension or revocation of any current license or refusal to renew same. Said application shall also include the names and addresses of all persons or entities having more than a five percent (5%) interest in the ownership of the country club.
Any license issued to a business entity shall terminate if more than five percent (5%) of the corporate stock, partnership or membership interests, as applicable, in such entity shall be transferred and any application for renewal of the license in the name of the entity subsequent to such transfer shall be considered and treated as a new application and the appropriate and applicable fee shall be required with the application.
If the applicant is a business entity, the application shall also contain organizational documents for the entity showing the date of incorporation or formation, the objects for which it was organized and similar documents, when requested by the village clerk, for any individual or entity that owns more than five percent (5%) of the applicant.
      2.   The location and description of the premises or place of business which is to be operated under such license. A site plan or survey shall be furnished showing the location of parking areas and the number of available parking spaces.
      3.   A statement whether applicant has made a similar application for a similar license on premises other than described in the application, and the disposition of such application.
      4.   A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this title, laws of this state or the ordinances of the village.
      5.   Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor.
      6.   If said application is made in behalf of a partnership, firm, association, club, corporation or limited liability company, that the same shall be signed and sworn to by person(s) who have been duly authorized to sign and deliver the application on behalf of the applicant.
      7.   Such application shall be accompanied by the license fee for this chapter as required by this code and no license shall be issued without payment of the required fee. Each application shall include such information as may be needed for the proper guidance of the village officials in the issuing of the license applied for. (Ord. 15-01-01, 1-6-2015)
   C.   Anything to the contrary herein notwithstanding, all licenses issued herein shall become null and void unless all license fees due under this article shall be paid in full upon application for issuance or renewal of said license.
   D.   No such license shall be issued under this section to:
      1.   A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued.
      2.   A person who is not of good character and reputation in the community.
      3.   A person who is not a citizen of the United States.
      4.   A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality.
      5.   A person whose license issued under this section has been revoked for cause.
      6.   A person who at the time of application for renewal of any license issued hereunder would not be entitled to such license upon a first application.
      7.   A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license.
      8.   A corporation, if an officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship.
      9.   A person whose place of business is conducted by a manager or agent unless the manager or agent is otherwise qualified or possesses the same qualifications required of the licensee.
      10.   A person who has been convicted of a violation of any federal or state felony law, or shall have forfeited his bond to appear in court to answer charges for any such violation.
      11.   A person holding a lease for the premises for which a license is sought unless the owner of said premises shall also qualify to obtain a license.
   E.   All licenses issued by the village shall state thereon the name of the licensee and the address and description of the premises for which it is granted, and the date of its issuance and expiration. Such license shall be signed by the village president. Each licensee shall cause his license issued under the provisions hereof to be framed and hung in plain view in a conspicuous place on the licensed premises. A license shall be purely a personal privilege good for the license period and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. The renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the village board from decreasing the number of licenses to be issued within the village.
   F.   In case a licensee shall sell or dispose of his business during the license period he may waive his license rights and privileges in writing to the village board in favor of the successor of his business who in turn shall make application for a new license and pay the fee as hereinbefore described.
The corporate authorities of the village shall by separate resolution establish the fees and charges for said license, and may appoint a commission which shall have general supervisory review over country clubs and within the village and over all matters ancillary to the management and operation of same, including the right to periodic inspection. (Ord. 190, 3-19-1973)

9-4F-5-3: BOND REQUIREMENTS:

The corporate authorities may, as a condition precedent or subsequent to classification under this chapter, require a bond with sufficient surety thereon in the sum of not less than twenty five thousand dollars ($25,000.00) which shall for a period of not less than ten (10) years indemnify the village from any expenses or fees, legal or otherwise, or from payment of any judgment or costs, in any way connected with litigation wherein the village is defendant which may arise out of annexation of territory under this classification, rezoning of territory under this classification, approval of plat or plats submitted, or issuance of any licenses or permits in connection therewith. (Ord. 190, 3-19-1973)

9-4F-5-4: STRUCTURE REQUIREMENTS:

All structures accessory to any nonresidential structures or use are to be effectively screened, which screening shall consist of evergreens so placed that there will be an effective visual screen of the entire structure.
   A.   Location Of Buildings Used As Main Clubhouse Structures For Country Clubs: No building used for a main clubhouse structure shall be erected or located closer than three hundred feet (300') to property platted or zoned for single-family use, nor closer than two hundred feet (200') to the right of way of any public or private street, road or highway. (Ord. 190, 3-19-1973)
   B.   Location Of Accessory Buildings, Structures And Tents: No building, structure, including hard surfaced playing court, or tent, accessory to the use of a country club shall be erected or located farther than two hundred feet (200') from the main clubhouse structure, nor closer than five hundred feet (500') to property platted or zoned for single-family residential uses, nor any closer than two hundred feet (200') to the right of way of any public or private street, road or highway.
   C.   Exceptions For Permitted Locations: Notwithstanding subsection B of this section, the following exceptions shall apply:
      1.   A country club may erect one accessory building which is no farther than two hundred feet (200') from the main clubhouse structure, no closer than one hundred fifty feet (150') to property platted or zoned for single-family residential uses and no closer than one hundred fifty feet (150') to the right of way of any public or private street, road or highway, provided all adjacent property owners within five hundred feet (500') of the proposed accessory building consent to the erection of such building.
      2.   A country club may erect one or more tents to be used by the country club for housing outdoor events, in locations other than as authorized in subsection B of this section, when permitted as special use.
      3.   Golf shelters including sanitary facilities which are served by sewers when permitted as a special use may be located at any location on the country club site.
   D.   Special Use On Golf Course Land: An application for a special use to permit the location of tents or golf shelters on the golf course land of the country club shall satisfy the standards for special uses generally in this title. However, additional standards shall include the care with which the country club proposes to preserve fairway views and minimize any noise from activities that would injure the value of property in the neighborhood. The terms of the special use permit may specify that a particular location is authorized for a tent, which may then be erected, removed and reinstalled at such location from time to time, subject to such conditions as are imposed by the village board. (Ord. 15-01-01, 1-6-2015)

9-4F-5-5: REGULATIONS FOR COUNTRY CLUBS:

   A.   No more than the greater of seven hundred (700) persons in the aggregate or the maximum occupancy limits for the premises established under applicable fire and life safety codes shall be permitted on the premises of a country club at any one time, except when authorized by a special event permit issued by the village. No more than one hundred ninety eight (198) vehicles (excluding golf carts and golf course maintenance equipment) may be parked on the premises of a country club at any one time, all of which shall be parked on a hard surface parking lot as required by the off street parking regulations set forth in this code.
   B.   The country club shall be closed to guests, members and the general public between the hour of two o'clock (2:00) A.M. and the following sunrise. However, guest, member and public activities on the golf course, use of outdoor tents, large screen projections and live or amplified music or voices which are played or piped outdoors shall cease or be moved indoors between the hour of ten o'clock (10:00) P.M. and the following sunrise, Sunday through Thursday, and between the hour of twelve o'clock (12:00) midnight and the following sunrise on Friday and Saturday nights and the night prior to the major national holidays as listed below. The use of the outdoor patio area by members or guests not receiving food or beverage service is permitted notwithstanding the closing hours for other outdoor activities. The major national holidays referred to herein shall be New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving; and Christmas Day. The time referred to herein shall be Central Standard Time except that portion of the year during which daylight saving time is generally in effect, and in such case the said time shall be considered to mean daylight saving time.
   C.   During the hours where the premises are being operated, the licensee shall have a responsible agent, with full authority to act for said licensee, available, either in person or by telephone, to the village president and chief of police.
   D.   The use of golf carts by members and the public for golf course purposes shall be limited to electric and noncombustion engine golf carts.
   E.   No license issued hereunder shall be suspended or revoked except after a hearing by the village board of trustees or its designee with reasonable notice to the licensee and opportunity to appear and defend. However, if the village president has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period.
   F.   Whenever any licensee or any officer, director, manager or other employee in a position of authority of any licensee shall be convicted of any violation of this section and the license of such licensee has been revoked by the village, all fees paid on such license shall be forfeited, and it shall be unlawful and shall constitute a further violation of this license. If any officer, director, manager or other employee in a position of authority of said licensee shall violate any of the provisions of this section, the licensee and such persons shall be subject to a fine of not less than twenty five dollars ($25.00), nor more than one thousand dollars ($1,000.00) upon conviction of any such violation. Each day on which the violation occurs or continues to exist shall be deemed a separate violation.
   G.   No person holding a country club license shall, in the conduct of the licensed business or upon the licensed premises, violate or suffer or permit the violation of any law of the state or any ordinance of the village. Proof before the village board of trustees of facts which establish any such violation of any state statute, or any village ordinance or resolution shall be sufficient cause for revocation or suspension of any license issued by the village, irrespective of whether or not a conviction has been obtained in any court. Such revocation or suspension may be in addition to, or in lieu of, any fine imposed for such violation. (Ord. 15-01-01, 1-6-2015)

9-4F-5-6: REQUIREMENTS FOR A PARK DISTRICT GOLF COURSE SPECIAL USE:

   A.   A special use may be granted for a park district golf course in the R-4 golf course and country club residential district. An application for such special use shall be submitted to the plan commission, in accordance with sections 9-11-9 and 9-11-10 of this title. The applicant shall submit the map showing the area to be used for park district golf course in accordance with subsection 9-4F-5-1A of this article and such other information requested by the plan commission or the village board as may be necessary to clarify the proposal and its impact. Such information may include, but not be limited to, any of the following:
      1.   A traffic study by a qualified traffic engineer indicating any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the site.
      2.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials for landscape buffer areas.
      3.   Architectural drawings, elevations and renderings depicting the design features of new principal and accessory structures and a specifications list for materials and finishes.
      4.   Lighting plan.
      5.   Preliminary surface stormwater management plan.
   B.   The plan commission shall forward its report and recommendations to the village board of trustees. The village board, after receipt of the report and recommendations of the plan commission, shall review the special use application and supporting materials and make its findings as required by section 9-11-9 of this title and with respect to the criteria set forth below:
      1.   For every eighteen (18) hole golf course unit, the park district golf course shall not have more than one main clubhouse building and six (6) accessory buildings (not including golf shelters within the meaning of the term "accessory buildings"). Accessory buildings, for this purpose, shall include a golf cart storage shed, range ball shed, a pro shop, a maintenance building or a golf instructional facility. Excluding the main clubhouse building, a kitchen shall be installed in only one accessory building. The kitchen in the accessory building shall primarily serve carryout and snack items (with incidental seating for not more than 16 persons), and shall not be a full service restaurant. The main clubhouse building shall not exceed thirty thousand (30,000) gross square feet in size (of which not more than 20,000 gross square feet shall be located on the ground floor), nor be higher than the building height permitted in the R-1 single- family residential district. The accessory buildings, in the aggregate, shall not exceed twenty five thousand (25,000) gross square feet in size, nor shall any accessory building be higher than the building height permitted in the R-1 single- family residential district.
      2.   Landscaping, including a sufficient quality, quantity, variety and size of plant materials, is provided in designated landscape buffer areas whenever required to minimize the visual impact on any adjacent properties, particularly residential areas.
   C.   The village board may condition granting the special use upon compliance with the standards and specific elements contained in identified drawings, plans, elevations and the map submitted by the applicant map or plat (herein the "project documents"), to be referenced in the ordinance approving the special use. If the village board votes to approve the special use, the village clerk shall amend the official zoning map of the village to show the approved underlying zoning district and the number of the ordinance approving the special use. After such approval, the use of land and construction, modification or alteration of any buildings or structures thereon and the number of buildings permitted on a single zoning lot will be governed by the special use ordinance, the controlling project documents and all other applicable village ordinances to the extent not specifically waived in the ordinance approving the special use. The bulk, setback and other standards reflected in the project documents or in the special use ordinance shall include, but not be limited to, the building setbacks from adjacent property lines and/or dwelling units, the location of walkways, pedestrian paths, parking areas, loading areas and the landscaping details set forth in any landscape plans. (Ord. 98-6-14, 6-16-1998)

9-4F-5-7: SPECIAL EVENT LICENSES:

   A.   The licensee of a country club may make written application for a special event permit from the village at least thirty (30) days in advance of the date for which the permit is sought in order to host an event that exceeds the numerical limits in attendance on persons on the premises or the time limits for events. A special event permit application shall include such information as may be needed for the proper guidance of the village officials in the issuing of the special event permit, including, without limitation, the following:
      1.   The name, address, and telephone number of the licensee;
      2.   The name and telephone number of the individual(s) who will serve as the on location contact person(s) for the applicant at all times during the proposed special event;
      3.   The location(s) within the country club at which the special event will take place;
      4.   The proposed dates and precise times of special event;
      5.   Any proposed contingency dates on which the special event will occur;
      6.   A general description of the type and content of the special event;
      7.   The estimated number of personnel to be employed managing or working the event and the estimated number of persons who will participate or attend as spectators;
      8.   A list of any and all vehicles and types of equipment to be used during the special event, and a list of proposed parking locations for such vehicles and equipment, and for vehicles utilized by personnel to be employed in the event;
      9.   A list of any and all village personnel or resources requested for presence during the proposed special event;
      10.   A description of the nature and extent of any artificial lighting or illumination to be used during the proposed special event, and information demonstrating any impact that such lighting or illumination may have on surrounding properties and residents;
      11.   A description of the type and extent of the projected noise and sound emissions to be generated by the proposed special event; and
      12.   A description of the methods and procedures to be used for medical treatment, food service, health and sanitation, and waste removal from all locations at which the proposed special event is to be conducted.
   B.   In considering an application for a special event permit pursuant to this chapter, the chief of police, and the village president shall consider, without limitation, the following factors:
      1.   The degree to which the proposed special event would disrupt the safe and normal use, or require the full or partial closure, of public rights of way;
      2.   The degree to which the proposed special event would disrupt the delivery of village services to village residents and businesses;
      3.   The degree to which the proposed special event would injure the personal and property rights of affected residents and businesses;
      4.   The history of satisfactory or unsatisfactory performance by the applicant, and/or at the proposed location(s), under special event permits previously issued pursuant to this chapter, if any;
      5.   Whether the proposed special event will extend beyond: a) five (5) consecutive days, or b) five (5) days within a thirty (30) day period;
      6.   The degree to which the sound and noise to be generated by the proposed special event may constitute a public nuisance under applicable provisions of this code;
      7.   Whether the proposed special event, including, without limitation, the nature and extent of any artificial lighting or illumination used as part of the special event, will cause significant inconvenience or undue hardship to the village or to its residents, or otherwise constitute a public nuisance under applicable provisions of this code; and
      8.   Whether other activities or events have previously been scheduled to occur in the village at the same time as the proposed special event, and the degree to which the simultaneous occurrence of such activities or events and the proposed special event would disrupt the delivery of village services or would otherwise endanger the public health, safety and welfare.
   C.   As a condition to the issuance of a special event permit, the applicant shall comply with such provisions of the Riverwoods insurance and indemnity ordinance as the village's risk management advisor shall deem necessary or appropriate prior to holding the special event, in order to protect the village from any liability that may arise from the special event. The applicant receiving a special permit shall also be required to: 1) comply with all of the provisions of this chapter and all other relevant sections of this code during the course of the special event; 2) pay all fees required by this chapter; 3) restore any public property or rights of way utilized during the special event to as good a condition as they were prior to the special event.
   D.   The chief of police shall review the application and shall report his or her findings and recommendation concerning the application to the village president as soon as practicable after a complete application is submitted.
   E.   Upon receipt of the findings and recommendation of the chief of police, the village president shall either: 1) grant the permit, which grant will be subject to payment of all fees required pursuant to the village fee ordinance and may be subject to additional conditions and upon such terms as the village president deems necessary or appropriate to protect and promote the public health, safety, or welfare, or 2) deny the application. The failure of the village president to grant or deny a permit application after receipt of the findings and recommendation of the chief of police shall be deemed a denial of the permit.
   F.   An applicant may appeal the denial by the village president of a special event permit application to the board of trustees by filing an appeal in writing with the village clerk within ten (10) days after the date of the denial by the village president. The board of trustees shall review the special event permit application and any other reliable and relevant evidence, documents, or information, and may receive and consider new evidence. After due consideration of the facts contained in the record submitted to the board of trustees by the village president, and all other submitted materials, the board of trustees may: 1) affirm the denial in total, or 2) overturn the denial, and grant the special event permit, subject to any conditions and upon such terms as the board of trustees deems necessary or appropriate to protect and promote the public health, safety, and welfare.
   G.   If the use of village personnel or resources is required in conjunction with any special event authorized by permit and pursuant to this chapter, the applicant shall deposit with the village in escrow such amount as estimated by the village president will be required to defray such additional expenses. The village shall submit to the applicant an invoice detailing any and all charges for such use within thirty (30) days of the conclusion of the special event and may reimburse itself from the funds deposited in the escrow. The applicant shall pay all charges not recoverable from such escrow, as shown on such invoice, within thirty (30) days of receipt of such invoice.
Not less than one week prior to the commencement of any country club special event permit, the applicant shall submit a performance bond, if requested by the village president, in an amount to be determined by the village president but not to exceed fifty thousand dollars ($50,000.00), and in a form acceptable to the village attorney, which bond shall secure the restoration, repair, and replacement of any public property or public right of way damaged as a result of the proposed special event.
   H.   After a special event permit is issued, the special event conducted pursuant thereto may take place only on the dates listed on the permit application or, in the event of force majeure and upon the prior written approval of the village president, on the contingency dates set forth in the application. (Ord. 15-01-01, 1-6-2015)