The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, lots and uses, and to specify those circumstances and conditions under which nonconforming buildings, structures, lots and uses shall be gradually eliminated upon reaching the end of their respective normal useful life. (Ord. 2550, 12-19-2005)

   (A)   Authority To Continue: Subject to specific provisions within this zoning ordinance or the municipal code to the contrary, any nonconforming building, structure, lot or use, which existed lawfully at the time of the adoption hereof, and remains nonconforming, and any such building, structure, lot or use that has become nonconforming upon the adoption hereof, or any subsequent amendments thereto, may continue subject to the provisions of this chapter so long as it remains otherwise lawful.

   (B)   Burden On Property Owner To Establish Legality: In all cases, the burden of establishing the legality of a nonconformity under the provisions of this zoning ordinance shall be upon the owner of the nonconforming building, structure, lot or use, and not upon the village.

   (C)   Safety Regulations: All police power regulations enacted to promote public health, safety, convenience, comfort and general welfare, including, but not limited to, all building, fire and health codes, shall apply to nonconforming buildings, structures, lots and uses. (Ord. 2550, 12-19-2005)

This section regulates land, buildings or structures that are used for purposes not permitted in the zoning district in which they are located. This does not apply to those uses authorized by special use permit or variation.

   (A)   Ordinary Repairs And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing may be performed on any building or structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity, increase the degree of nonconformity, or increase the bulk of the building or structure in any manner.

   (B)   Structural Alterations: No structural alterations shall be performed on any building or structure devoted to a nonconforming use, except in the following situations:

      1.   When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety.

      2.   When the alteration will result in eliminating the nonconformity.

      3.   When the alteration will not create any new nonconformity, increase the degree of any existing nonconformity, or increase the bulk of the building or structure in any manner.

   (C)   Expansion Of Use: A nonconforming use of land, buildings or structures shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation:

      1.   Expansion of any building or structure devoted entirely to a nonconforming use.

      2.   An expansion or extension of a nonconforming use and its accessory uses to any land area, building or structure other than that occupied by such nonconforming use.

      3.   An expansion or extension of such use, including its accessory uses, within a building or other structure, to any portion of the floor area that was not occupied by such nonconforming use.

   (D)   Relocation: A nonconforming use of land, buildings or structures shall not be relocated in whole or in part to any other location on the same lot or parcel, or to any other lot or parcel, unless the use shall thereafter conform to all regulations of the zoning district in which it is relocated, unless the lot or parcel to which it is relocated permits the nonconforming use.

   (E)   Change Of Use: A nonconforming use shall not be changed to any use other than a use permitted within the zoning district in which it is located. When such a nonconforming use has been changed in whole or in part to a permitted use, the whole or part which has been made to conform may not thereafter be changed back to a use that is not permitted. A change of use shall be deemed to occur when an existing nonconforming use has been terminated and a permitted use has commenced.

   (F)   Discontinuation Or Abandonment: If a nonconforming use is discontinued, or becomes vacant, and remains unoccupied for a continuous period of one year, regardless of the intent to resume or not to terminate the use, such use shall be deemed to be abandoned and shall not be reestablished or resumed. Any subsequent use or occupancy of such land, building or structure shall comply with all regulations of the zoning district in which such land, building or structure is located. The period of such discontinuance caused by government action, acts of God, or other acts without any contributing fault by the user, shall not be included in calculating the length of discontinuance for this section.

   (G)   Damage Or Destruction:

      1.   In the event that any building, structure and/or property that is devoted, in whole or in part, to a nonconforming use is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of fifty percent (50%) or more of its replacement value at that time, then the building or structure shall not be restored or rebuilt unless the building or structure, including foundation and use thereof, thereafter conforms to all regulations of the zoning district in which it is located.

The replacement value of the building, structure and/or property, which is devoted in whole or in part to a nonconforming use, shall be based on: a) the sale of that building, structure, and/or property within the previous year or, if that is not applicable; b) an appraisal within the last two (2) years or, if that is not available; c) the amount for which building, structure, and/or property was insured prior to the date of damage or destruction; or d) an alternative method determined acceptable by the village.

      2.   When such building, structure and/or property that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of less than fifty percent (50%) of the replacement value at that time, the building, structure and/or property may be repaired, reconstructed, or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit shall be obtained for such rebuilding, restoration, repair or reconstruction within one year of the date of damage or destruction. In the event that the permit is not obtained within one year, then the building or structure and the use thereof shall not be restored unless that use conforms to all regulations of the zoning district in which it is located.

      3.   In the event that any building or structure that is devoted, in whole or in part, to a nonconforming use is damaged or destroyed by means within the control of the property owner or tenant, the building, structure and/or property and use thereof shall comply with all requirements of this zoning ordinance. (Ord. 2550, 12-19-2005)

This section regulates buildings and structures that do not conform to the yard, height, lot coverage, or other dimensional or bulk provisions of this zoning ordinance. However, the vertical extension of nonconforming side or rear walls in residential districts, nonconforming residential driveways, nonconforming landscaped hedges, nonconforming historic buildings or structures, nonconforming off street parking facilities, and conforming additions to a nonconforming residence shall be subject to the regulations in sections 10-10-6, 10-10-7, 10-10-8 and 10-10-9 of this chapter, and chapter 8, "Off Street Parking", of this zoning ordinance, respectively. (Ord. 2859, 9-18-2014)

   (A)   Ordinary Repairs And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any nonconforming building or structure. No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the building in any manner.

   (B)   Structural Alterations: No structural alterations shall be performed on any nonconforming building or structure, except in the following situations:

      1.   When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety.

      2.   When the alteration will result in eliminating the nonconformity.

      3.   When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity.

   (C)   Additions And Enlargements: A building or structure that is nonconforming with respect to its bulk shall not be added to or enlarged, unless permitted by subsection (E) of this section, sections 10-10-6, 10-10-7, 10-10-8 and 10-10-9 of this chapter and chapter 8, "Off Street Parking", of this zoning ordinance, respectively.

   (D)   Relocation: A nonconforming building or structure shall not be relocated, in whole or in part, to any other location on the same zoning lot or parcel, or to any other zoning lot or parcel, unless the building or structure thereof shall thereafter conform to all regulations of the zoning district in which it is relocated.

   (E)   Damage Or Destruction:

      1.   In the event that any nonconforming building or structure is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of fifty percent (50%) or more of its replacement value at that time, then the building or structure shall not be restored or rebuilt unless the building or structure, including foundation, thereafter conforms to all regulations of the zoning district in which it is located.

The replacement value of the building or structure shall be based on: a) the sale of that building or structure within the previous year or, if that is not applicable; b) an appraisal within the last two (2) years or, if that is not available; c) the amount for which the building, structure, or property was insured prior to the date of the damage or destruction; or d) an alternative method determined acceptable by the Village.

      2.   When such building or structure is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of less than fifty percent (50%) of the replacement value at that time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit shall be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction. In the event that the building permit is not obtained within one (1) year, then the building or structure shall not be restored unless the building or structure conforms to all regulations of the district in which it is located.

      3.   In the event that any nonconforming building or structure is damaged or destroyed by means within the control of the property owner or tenant, the building or structure, as restored or repaired, shall comply with all requirements of this zoning ordinance. (Ord. 2550, 12-19-2005)

This section regulates existing lots of record, existing on the effective date hereof or at the time such lot comes within the applicability of this section, that do not conform to the lot area or lot width requirements of the zoning district in which they are located. No nonconforming lot of record may be improved except in compliance with this section.

   (A)   Individual Lots Of Record: Notwithstanding limitations imposed by other provisions of this zoning ordinance, a single- family dwelling may be erected on a single lot of record that does not conform to the lot area or lot width requirements of the zoning district, provided that the lot is in separate ownership and meets all other zoning district bulk requirements.

Nothing herein shall prevent the continued use of a residential dwelling which was lawfully designed, constructed and used for residential purposes on such nonconforming lot of record, provided that there shall be no adjoining lot(s) held in common ownership that could be added to make such lot conform to the required lot area or lot width. Nothing herein shall prevent the reconstruction, alteration or enlargement of such residential building or its accessory uses, provided such reconstruction, alteration or enlargement thereof conforms with all other regulations of this zoning ordinance.

   (B)   Lots Of Record Held In Common Ownership: If on the effective date hereof, in situations where there are two (2) or more lots of record with continuous frontage in single ownership, and one (1) or more of the lots having continuous frontage does not meet the requirements for lot width or lot area as established by this zoning ordinance, the land so involved shall be considered to be a single undivided parcel for the purposes of this zoning ordinance. No portion of said parcel shall be used, transferred or conveyed unless it conforms to all of the following requirements of the zoning ordinance: lot width, lot area, lot frontage, setbacks, maximum building coverage and maximum impervious surfaces coverage. No division of the parcel shall be made unless the remaining lot(s) conform to all of the following requirements of the zoning ordinance: lot width, lot area, lot frontage, setbacks, maximum building coverage and maximum impervious surfaces coverage. Nor shall any division of the parcel be made that would cause any existing structure to become nonconforming to the setback, maximum building coverage or maximum impervious surfaces coverage requirements of this zoning ordinance. No building permit shall be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this section. (Ord. 2955, 6-15-2017)

Nonconforming uses, buildings and structures in the residential districts shall be subject to the applicable provisions of this chapter. In an effort to accommodate additions to existing homes in Riverside, an addition to a nonconforming residence where such addition meets the minimum setback requirements, or the extension of a side or rear wall vertically, which does not meet the minimum side or rear yard requirements, are permitted without a variation, subject to the following:

   (A)   The addition or extended building wall shall not create any additional nonconformities on the site.

   (B)   The extended wall shall not encroach any closer to the applicable property line.

   (C)   The maximum building coverage, height and impervious surface percentages shall not be exceeded.

The building materials used on the addition or vertical extension of a side or rear wall shall be the same as those used on the principal building. (Ord. 2859, 9-18-2014)

   (A)   Residential gravel driveways, other than permeable pea gravel or similar permeable decorative gravel driveways permitted by subsection 10-7-3(E)7.(a), existing as of June 1, 2020, shall be allowed to continue as legal nonconforming residential driveways provided they conform to the maintenance standards for gravel driveways set forth in title 4 (Building Regulations), Chapter 11 (Property Maintenance). Such driveways may be maintained, repaired or replaced, but may not be expanded, extended or relocated except in conformance with all requirements of this zoning ordinance and the village code.

   (B)   Existing residential driveways located directly on a side lot line, in violation of the required side lot line setback, shall be considered a legal nonconforming use.

   (C)   Existing circular driveways in residential districts shall be considered a legal nonconforming use provided they comply with the provisions of subsection 10-7-3(E)6, “Limitation On Residential Curb Cuts”, of this zoning ordinance.

   (D)   Existing residential driveways that are wider than permitted by this zoning ordinance may be reconstructed within their existing footprint, at a width equal to or less than the original width, with the exception of existing driveway aprons, which must be built to current radii standards. (Ord. 2550, 12-19-2005; amd. Ord. 3059, 6-18-2020; Ord. 3069, 10-1-2020; amd. Ord. 4040, 2-2-2023)

   (A)   Nonconforming landscaped hedges in existence on the effective date hereof are permitted as legal nonconforming uses, but must be maintained and shall not extend or overgrow into the public right-of-way.

   (B)   Legal nonconforming hedges may be partially replaced only as part of normal maintenance, unless the hedge is damaged or destroyed by twenty percent (20%) or more, in which case such hedge must be removed. (Ord. 2550, 12-19-2005)

Any building or structure which is nonconforming and which is also designated a landmark by the Federal, State or Village government can be rebuilt if it is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, notwithstanding any other provisions of this zoning ordinance; provided, however, that any such rebuilt structure must be rebuilt pursuant to the original historical design, including, but not limited to, the original historical size, shape and appearance. The plans for rebuilding must be approved by the Preservation Commission before rebuilding can begin. (Ord. 2550, 12-19-2005)

   (A)   Existing nonconforming refuse containers that currently do not comply with location and/or screening requirements shall be brought into compliance within one (1) year from the date September 1, 2007. In addition, if any of the following events occur prior to this deadline, such nonconforming refuse containers shall be brought into compliance concurrently with such event(s):

      1.   A new building addition is constructed or exterior remodeling of the principal building occurs.

      2.   When any portion of an existing parking lot is reconstructed. Reconstruction shall not include maintenance activities such as restriping or resealing.

      3.   When an existing parking lot is expanded by twenty five percent (25%) or more of the total surface area.

   (B)   All new development must comply with location and screening standards for refuse containers. (Ord. 2627, 7-16-2007)