This zoning ordinance shall be known, cited and referred to as the VILLAGE OF RIVERSIDE ZONING ORDINANCE. (Ord. 2550, 12-19-2005)

This zoning ordinance is adopted for the following purposes:

   (A)   To promote public health, safety, convenience, comfort and general welfare.

   (B)   To secure adequate light, air, open space and safety from fire and other dangers.

   (C)   To conserve the taxable value of land and buildings throughout the Municipality.

   (D)   To lessen or avoid congestion in public streets, including adequate space and facilities that serve pedestrians, bicyclists and transit riders as guided by Complete Streets principles.

   (E)   To ensure and facilitate the preservation of sites, areas and structures of historical, architectural and aesthetic importance.

   (F)   To regulate and limit the height and bulk of buildings hereafter erected.

   (G)   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.

   (H)   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.

   (I)   To classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified commercial uses, residential uses and other uses.

   (J)   To divide the entire Municipality into districts of such number, shape, area, and of such different classes, according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification, as may be deemed best suited to carry out the purposes of this zoning ordinance.

   (K)   To fix standards to which buildings or structures therein shall conform.

   (L)   To prohibit uses, buildings or structures incompatible with the character of such districts.

   (M)   To define the powers and duties of administrative officers and bodies, as provided hereinafter.

   (N)   To prescribe penalties for the violation of the provisions of this zoning ordinance, or any amendments thereto. (Ord. 2550, 12-19-2005; amd. Ord. 4040, 2-2-2023)

   (A)   Territorial Application: This zoning ordinance shall apply to all land, uses, buildings and structures within the Village of Riverside, including those owned by other municipal corporations and government bodies. Riverside's planning jurisdiction includes property within its corporate limits and unincorporated areas located within one and one-half (11/2) miles of the Village limits.

   (B)   General Application: In their interpretation and application, the provisions of this zoning ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, convenience, comfort and general welfare, and shall be construed to achieve the purposes for which this zoning ordinance was adopted.

   (C)   General Prohibition: Except as otherwise provided by this zoning ordinance, no building, structure or use of land, lot of record or zoning lot, existing or hereafter established shall be established, used or occupied, erected, constructed, reconstructed, moved, enlarged or structurally altered, divided or maintained in any manner, unless it conforms with the provisions of this zoning ordinance governing the zoning district in which it is located. Without limiting the foregoing, any activity that would cause an existing structure to not comply with this Code or that would create any parcel of land that could not be developed in compliance with this Code shall be prohibited.

   (D)   Private Agreements: This zoning ordinance is not intended to nullify any private agreement, provided where there is a conflict between such private agreement and this zoning ordinance, and where this zoning ordinance is more restrictive, this zoning ordinance shall control.

   (E)   Other Laws And Regulations: Unless otherwise specifically provided, the zoning ordinance shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations shall control over the provisions of this zoning ordinance.

   (F)   Division Of Lots: No portion of any zoning lot, whether improved or unimproved, shall be sold, granted or otherwise divided if such division will cause the lot width, lot area, lot frontage, setbacks, maximum building coverage, or maximum impervious surfaces coverage of any of the resulting parcels to be less than the minimum requirements set forth in this zoning ordinance for the particular zoning district in which the property is located. Any subdivision must follow the subdivision regulations of the Village of Riverside found in title 4, chapter 8 of the Municipal Code. (Ord. 2955, 6-15-2017)

In determining the applicability of this zoning ordinance, with respect to the previously applicable zoning regulations, the following rules shall apply:

   (A)   Existing Unlawful Uses And Structures: A structure or use not lawfully existing at the time of the adoption hereof is hereby deemed lawful as of the effective date hereof, provided it conforms with all of the requirements of this zoning ordinance. However, if such structure or use does not conform with all of the requirements of this zoning ordinance, such structure or use remains unlawful.

   (B)   Existing Permitted Uses: When a lot is used for a purpose that was classified as a permitted use prior to the effective date hereof and such use is classified as a special use by this zoning ordinance, such use is hereby deemed a lawful special use for the purpose of this zoning ordinance. Any addition, enlargement or expansion of such use shall conform to the requirements for special uses of this zoning ordinance.

   (C)   Principal Uses Rendered Nonconforming: When a lot is used for a purpose that was a lawful use before the effective date hereof and this zoning ordinance, or any amendment thereto, no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a legal nonconforming use and shall be controlled by the provisions of chapter 10, "Nonconformities", of this zoning ordinance.

   (D)   Principal Buildings, Structures And Lots Rendered Nonconforming: Where any lawful building, structure or lot existing on the effective date hereof does not meet all standards set forth in this zoning ordinance, or any amendment thereto, such building, structure or lot is hereby deemed nonconforming and shall be controlled by the provisions of chapter 10, "Nonconformities", of this zoning ordinance.

   (E)   Accessory Uses, Structures And Buildings Rendered Nonconforming: When any lawful accessory building, structure or use existing on the effective date hereof does not meet all standards set forth in this zoning ordinance, or any amendment thereto, such building, structure or use is hereby deemed nonconforming and shall be controlled by the provisions of chapter 10, "Nonconformities", of this zoning ordinance.

   (F)   Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued prior to the effective date hereof, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended.

   (G)   Previously Granted Special Uses And Variations: All special uses and variations granted prior to the effective date hereof shall remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the approved plans and any conditions attached thereto. However, if the recipient has failed to act on the special use or variation before approval expires, the provisions of this zoning ordinance shall govern.

   (H)   Pending Applications: Where an application for a special use or variation is pending on the effective date hereof, the provisions of this zoning ordinance shall govern such application. (Ord. 2550, 12-19-2005)

If any court of competent jurisdiction adjudges any provisions of this zoning ordinance to be invalid, such judgment shall not affect the validity and continued enforcement of any other provisions of this zoning ordinance. If any court of competent jurisdiction adjudges the application of any provision of this zoning ordinance to any property, structure, building or use to be invalid, such judgment shall not affect the application of that provision to any other property, building, structure or use not specifically included in that judgment. (Ord. 2550, 12-19-2005)

The effective date hereof is the date of adoption, December 19, 2005. (Ord. 2550, 12-19-2005)

After the effective date hereof, all provisions of the zoning ordinance of the Village of Riverside adopted on May 2, 1922, as has been amended from time to time, are expressly repealed in their entirety. (Ord. 2550, 12-19-2005)