The village board of trustees shall have those powers and duties set forth in title 1, chapter 6 of the municipal code, and any duties as set forth in this zoning ordinance. (Ord. 2550, 12-19-2005)

(Ord. 2843, 12-19-2013)

The planning and zoning commission shall have those powers and duties set forth in title 2, chapter 15 of the municipal code, and any duties as set forth in this zoning ordinance. (Ord. 2843, 12-19-2013)

The Riverside preservation commission shall have those powers and duties set forth in title 11, chapter 1 of the municipal code, and any other duties as set forth in this zoning ordinance. (Ord. 2550, 12-19-2005)

The landscape advisory commission shall have those powers and duties set forth in title 2, chapter 14 of the municipal code, and any duties as set forth in this zoning ordinance. (Ord. 2550, 12-19-2005)

The Assistant Village Manager shall be considered the zoning administrator and shall have the following powers and duties:

   (A)   To receive, review and make decisions on zoning ordinance interpretations.

   (B)   To enforce the provisions of this zoning ordinance.

   (C)   Such other powers and duties as specified in this zoning ordinance and village code. In the absence of an Assistant Village Manager, or unavailability of the Assistant Village Manager, the village manager, or their designee(s), shall be considered the zoning administrator.

Decisions of the zoning administrator can be appealed to the planning and zoning commission in accordance with section 10-2-2-9, “Appeal”, of this chapter. (Ord. 2843, 12-19-2013; amd. Ord. 3020, 8-15-2019; Ord. 4040, 2-2-2023)

The village manager shall have those powers and duties set forth in title 1, chapter 8 of the municipal code, and any duties as set forth in this zoning ordinance. (Ord. 2550, 12-19-2005; amd. Ord. 3020, 8-15-2019)

The building department and the building commissioner shall have those powers and duties set forth in title 2, chapter 7 of the municipal code, and any duties as set forth in this zoning ordinance. (Ord. 2550, 12-19-2005)

The village clerk shall have those powers and duties set forth in title 1, chapter 9 of the municipal code, and any duties as set forth in this zoning ordinance. (Ord. 2550, 12-19-2005)

   (A)   Authority: The regulations and districts established by this zoning ordinance may be amended, from time to time, by the village board, through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the planning and zoning commission and after a report of findings and recommendations has been submitted to the village board by the planning and zoning commission.

   (B)   Initiation: Amendments may be proposed by the village board, planning and zoning commission, or by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest, which is specifically enforceable on the land which is described in the application for an amendment.

   (C)   Application: An application for an amendment shall be filed with the zoning administrator on a form provided by the Village. Upon determining that the application is complete, the zoning administrator shall notify the applicant and the application shall be scheduled for a public hearing before the planning and zoning commission. If the application is incomplete, the zoning administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified. Applications for map amendments shall include a drawing of the property proposed for rezoning showing the dimensions of the property, and also showing all streets, alleys and other properties within two hundred fifty feet (250') of the property proposed for rezoning.

   (D)   Review by the Preservation Commission: As required by Section 11-1-4-9 for areas other than the Business Districts all proposed amendments to the Zoning Ordinance and amendments to the Zoning Map shall be submitted to the Preservation Commission for review and comment as to the effect of such amendments on the National Historic Landmark designation of the Village or on the General Plan of Riverside. The Commission shall submit its comments in writing to the Village Board within thirty (30) days following its review.

   (E)   Public Hearing By Planning And Zoning Commission: The Planning and Zoning Commission shall hold a public hearing within sixty (60) days after receipt by the Zoning Administrator of a complete application. The Planning and Zoning Commission shall, within sixty ( 60) days after the conclusion of the hearing, transmit a written report giving its findings and recommendations to the Village Board.

   (F)   Notice:

         1.   For text or map amendments, notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village.

      2.   For map amendments, the village shall give notice to the persons to whom the current real estate tax bills are sent, as shown by the on-line records of the Cook County treasurer, and to all persons residing on or in possession of the premises, of all lots lying within two hundred fifty feet (250') of the property lines of the lot for which the map amendment is sought.

      3.   All such map amendment notices shall be in writing and shall give the number, if any, assigned to the application, the place, purpose, date and time of such hearing and shall be given not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notices shall be delivered personally or may be sent by first class mail, properly addressed, with sufficient postage affixed thereon. The person performing the mailing shall evidence completion of the mailing by executing and providing an Affidavit of Mailing attesting to completion of the mailing in conformance with the requirements of this section.

      4.   If a specific parcel is the subject of an application for a map amendment, notice shall also be given by posting a sign on said property. The sign shall measure at least six (6) square feet, be clearly visible from the public sidewalk, and bear on its face, at a minimum, the words “Notice: Zoning Application and Public Hearing Pending” and a Village telephone number that can be called for additional information. The sign shall be issued to the applicant by the Village for posting by the applicant. The sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing and shall be removed from the property and returned to the Village by the applicant following the conclusion of the hearing. Maintenance of the posted sign is the responsibility of the applicant. Failure of the sign to remain posted for the entire required time due to vandalism, removal by third parties, or for other reasons outside of the control of the applicant shall not impact the validity of the proceeding, or constitute grounds for suspension or continuance of the approval process.

   (G)   Standards For Amendments: The Planning and Zoning Commission recommendation and Village Board decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any one standard. However, in making their recommendation and decision, the Planning and Zoning Commission and Village Board should be guided by the principle that its power to amend this title is not an arbitrary one but one that may be exercised only when the public - good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case the Planning and Zoning Commission and Village Board shall consider the following standards.

      1.   Standards for Text Amendments:

         (a)   The extent to which the proposed amendments promote the public health, safety, comfort, convenience and general welfare of the Village.

         (b)   The relative gain to the public. as compared to the hardship imposed upon the applicant.

         (c)   The consistency of the proposed amendments with the plans, goals, and policies of the Village.

         (d)   The consistency of the groposed amendments with the intent and general regulations of this Zoning Ordinance.

         (e)   The extent to which the proposed amendments create or eliminate nonconformities.

      2.   Standards for Zoning Map Amendments

         (a)   The existing use and zoning of nearby property.

         (b)   The extent to which property values of the subject property are diminished by the existing zoning.

         (c)   The extent to which the proposed amendment promotes the public health safety, comfort. convenience and general welfare of the Village.

         (d)   The relative gain to the public, as compared to the hardship of remaining in the existing zoning district imposed upon the applicant.

         (e)   The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for one or more of the uses permitted under the existing zoning classification.

         (f)   The length of time the property in question has been vacant as presently zoned, considered in the context of development in the area where the property is located.

         (g)   The evidence, or lack of evidence of community need for the use proposed by the applicant.

         (h)   The consistency of the proposed amendment with Village plans.

         (i)   The extent to which the proposed amendment creates or eliminates nonconformities.

         (j)   The trend of development, if any, in the general area of the property in question.

         (k)   Whether adequate public facilities are available including, but not limited to schools. parks, police and fire protection, roads sanitary sewers storm sewers and water lines, or are reasonably capable of being provided prior to the development of the uses which would be permitted on the subject property if the amendment were adopted.

   (H)   Decision By Village Board:

      1.   The village board, upon receiving the report of the planning and zoning commission, and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration.

      2.   If no action is taken by the village board within six (6) months after the receipt of the report of the planning and zoning commission, the application shall be deemed to be denied and shall not thereafter be granted.

   (I)   Written Protest: In the case of a written protest against any proposed map or text amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, filed with the village clerk, the amendment shall not be passed except on the favorable vote of two-thirds (2/3) of the village board trustees holding office.

(Ord. 2550, 12-19-2005; amd. Ord. 2843, 12-19-2013; Ord. 3020, 8-15-2019; Ord. 4149, 8-21-2025)

   (A)   Authority: In specific cases in which there are practical difficulties or particular hardships in carrying out the strict letter of the regulations of this zoning ordinance, the Village Board shall have the power and duty to determine and vary the application of such regulations, in harmony with their general purpose and intent, but only in accordance with the requirements of this section.

   (B)   Application: An application for a variation shall be filed with the zoning administrator on a form provided by the Village. Upon determining that the application is complete, the zoning administrator shall notify the applicant and the application shall be scheduled for a public hearing before the planning and zoning commission. If the application is incomplete, the zoning administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.

   (C)   Public Hearing By Planning And Zoning Commission:

      1.   The Planning and Zoning Commission shall hold a public hearing not more than sixty (60) days after receipt by the zoning administrator of a complete application. Not more than sixty (60) days after the close of the public hearing, the Planning and Zoning Commission shall make its findings of fact and its recommendation, in writing, and shall transmit copies to the applicant and to the Village Board.

      2.   The Planning and Zoning Commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section or to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this zoning ordinance. The concurring vote of four (4) members of the Planning and Zoning Commission shall be necessary to recommend a variation.

   (D)   Notice:

      1.   Notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village. The published notice may be supplemented by such additional form of notice as the Planning and Zoning Commission may provide by rule.

      2.   The Village shall give notice to the persons to whom the current real estate tax bills are sent, as shown by the on-line records of the Cook County treasurer, and to all persons residing on or in possession of the premises, of all lots lying within two hundred fifty feet (250') of the property lines of the lot for which the variation is sought.

      3.   All such notices shall be in writing and shall give the number, if any, assigned to the application, and the place, purpose, date and time of such hearing, and shall be given not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notice shall be delivered personally or it may be sent by first class mail, properly addressed with sufficient postage affixed thereon. The person performing the mailing shall evidence completion of the mailing by executing and providing an Affidavit of Mailing attesting to completion of the mailing in conformance with the requirements of this section.

      4.   If a specific parcel is the subject of the application, notice shall also be given by posting a sign on said property. The sign shall measure at least six (6) square feet, be clearly visible from the public sidewalk, and bear on its face, at a minimum, the words "Notice: Zoning Application and Public Hearing Pending" and a Village telephone number that can be called for additional information. The sign shall be issued to the applicant by the Building Department for posting by the applicant. The sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing and shall be removed from the property and returned to the Building Department by the applicant following the conclusion of the hearing. Maintenance of the posted sign is the responsibility of the applicant. Failure of the sign to remain posted for the entire required time due to vandalism, removal by third parties, or for other reasons outside of the control of the applicant shall not impact the validity of the proceeding, or constitute grounds for suspension or continuance of the approval process.

   (E)   Standards For Variation:

      1.   The planning and zoning commission shall not recommend variations from the provisions of this zoning ordinance unless it shall make findings based upon the evidence presented to it in each specific case that:

         (a)   Because of a particular physical or other unusual condition of the specific property involved, a particular hardship or practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. Such conditions may include, but are not limited to:

            (1)   The presence of an existing use or structure, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical condition peculiar to and inherent in the subject property that amounts to more than a mere inconvenience to the owner and that relate to or arises out of the lot and/or the structures thereon rather than the personal situation of the current owner of the lot; or

            (2)   Situations in which the ordinance prevents the owner from reestablishing, restoring, or maintaining a material feature or significant architectural feature related to the lot or structure, or from maintaining the architectural integrity of the lot or structure.

         (b)   The purpose of the variation is not based primarily upon a desire to increase financial gain;

         (c)   The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

         (d)   The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

         (e)   The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

         (f)   The granting of the variation will not alter the essential character of the neighborhood; and

         (g)   The proposed variation will not impair an adequate supply of light or air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

      2.   A variation shall be recommended only if the evidence presented, in the judgment of the planning and zoning commission, sustains all of the standards (subsections (E)1(a) through (E)1(g)), enumerated in this section.

   (F)   Decision By Village Board: After receiving the findings of fact and recommendation by the planning and zoning commission, the Village Board may grant a variation by the adoption of an ordinance after finding that the standards for variation set forth in subsection (E) of this section have been satisfied.

   (G)   Effective Period: No order of the village board granting a variation shall be valid for a period longer than three hundred sixty five (365) days from the date of such order unless a building permit is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period. The village board may grant one (1) extension of this period, valid for no more than three hundred sixty five (365) additional days, upon written application, and good cause shown, without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one (1) year, said variation shall, to the extent of such abandonment or nonutilization, become void.

   (H)   Fees: Application fee shall be as established by the Village of Riverside. (Ord. 2915, 7-21-2016; amd. Ord. 3020, 8-15-2019)

   (A)   Purpose: This zoning ordinance is based upon the division of the Village into districts, within which the uses of land, and the uses and bulk of buildings and structures, are substantially uniform. However, there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest.

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities or the Village as a whole.

   (B)   Authority: Special use permits may be granted by the Village Board, but only in accordance with the requirements of this section. Special use permits for planned unit developments are subject to additional standards and requirements as outlined in Chapter 10-13 (Planned Unit Developments).

   (C)   Application: An application for a special use permit shall be filed with the zoning administrator on a form provided by the Village. Upon determining that the application is complete, the zoning administrator shall notify the applicant and the application shall be scheduled for a public hearing before the planning and zoning commission. If the application is incomplete, the zoning administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.

   (D)   Public Hearing By Planning And Zoning Commission: The Planning and Zoning Commission shall hold a public hearing not more than sixty (60) days after receipt by the zoning administrator of a complete application. Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the Planning and Zoning Commission shall transmit to the village board a written report giving its findings and recommendations for action to be taken by the village board on the application. The report shall include any recommended conditions or restrictions to be imposed upon the premises benefited by the special use permit.

   (E)   Notice:

      1.   Notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village.

      2.   The Village shall give notice to the persons to whom the current real estate tax bills are sent, as shown by the on-line records of the Cook County treasurer, and to all persons residing on or in possession of the premises, of all lots lying within two hundred fifty feet (250') of the property lines of the lot for which the special use is sought.

      3.   All such notices shall be in writing and shall give the number, if any, assigned to the application, and the place, purpose. date and time of such hearing, and shall be given not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. The notice shall be delivered personally or it may be sent by first class mail, properly addressed with sufficient postage affixed thereon. The person performing the mailing shall evidence completion of the mailing by executing and providing an Affidavit of Mailing attesting to completion of the mailing in conformance with the requirements of this section.

      4.   If a specific parcel is the subject of the application for a special use, notice shall also be given by posting a sign on said property. The sign shall measure at least six (6) square feet, be clearly visible from the public sidewalk, and bear on its face, at a minimum, the words “Notice: Zoning Application and Public Hearing Pending” and a Village telephone number that can be called for additional information. The sign shall be issued to the applicant by the Village for posting by the applicant. The sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing and shall be removed from the property and returned to the Village by the applicant following the conclusion of the hearing. Maintenance of the posted sign is the responsibility of the applicant. Failure of the sign to remain posted for the entire required time due to vandalism, removal by third parties, or for other reasons outside of the control of the applicant shall not impact the validity of the proceeding, or constitute grounds for suspension or continuance of the approval process.

   (F)   Standards For Special Use Permit: No special use permit may be granted unless:

      1.   The location and size of the proposed use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

      2.   The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site are such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent land and buildings.

      3.   Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining uses, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.

      4.   The proposed use will not cause substantial injury to the value of other property in the neighborhood.

      5.   At least one year has elapsed since any denial by the village board of any prior application for a special use permit that would have authorized substantially the same use of all or part of the site, and conditions in the area have substantially changed.

   (G)   Decision By Village Board:

      1.   The village board, within sixty (60) days of receipt of the report of the planning and zoning commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the state of Illinois, or may refer it back to the planning and zoning commission for further consideration.

      2.   The village board shall impose such conditions and restrictions upon the premises benefitted by a special use permit as may be necessary to assure compliance with the above standards, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this zoning ordinance. Failure to comply with such conditions or restrictions shall constitute a violation of this zoning ordinance.

   (H)   Effective Period: No special use permit shall be valid for a period longer than three hundred and sixty five (365) days from the date it is granted unless a building permit or certificate of occupancy is obtained within such period and the erection or alteration of a building or other structure is started or the use is commenced within such period. The village board may grant one extension of this period, valid for no more than three hundred and sixty five (365) additional days, upon written application and good cause shown, without notice or hearing. If any special use is abandoned, or is discontinued for a continuous period of one year, the special use permit for such use shall become void, and such use shall not thereafter be reestablished unless a new special use permit is obtained.

   (I)   Fees: Application fee shall be as established by the village of Riverside. (Ord. 2550, 12-19-2005; amd. Ord. 2843, 12-19-2013; Ord. 3020, 8-15-2019; Ord. 3061, 6-18-2020; Ord. 4149, 8-21-2025)

   (A)   Purpose: The site plan review process is hereby created to promote orderly development and redevelopment in the B1 and B2 districts and of multi-family and townhouse uses in the R3 and R4 districts of Riverside, and to ensure that such development or redevelopment occurs in a manner harmonious with surrounding properties, is consistent with Village policies, further enhances the value of property, promotes the general welfare of the Village, and protects and enhances the Village’s National Landmark District status.

      This section sets forth standards to control the physical layout and/or use of a lot or a parcel of land in order to achieve the following purposes:

      1.   Compatibility of land uses, buildings and structures.

      2.   Protection and enhancement of community property values.

      3.   Mitigation of congestion, traffic and pedestrian safety hazards.

      4.   Maintenance of historic integrity.

      5.   Preservation of community character.

   (B)   Initiation: Applications for site plan review may be filed by the owner of, or any person having a right of ownership in, property located within the B1, B2, R3 and R4 districts in the Village.

   (C)   Applicability: A site plan review shall be required for all uses in the B1 and B2 districts and for multi-family and townhouse uses in the R3 and R4 districts as a condition of obtaining a building permit for all projects, except for those that only entail interior remodeling or improvements. For development that is subject to review as a special use, the site plan review application may be reviewed by the Planning and Zoning Commission at the same time it reviews the request for a special use in accordance with section 10-2-2-3, “Special Uses”, of this chapter.

   (D)   Procedure: The procedures for the site plan review of permitted and special uses are illustrated in Appendix B of this Zoning Ordinance.

      1.   Pre-application Meeting: In order to receive direction and input from Village staff prior to filing a concept plan, a pre-application meeting may be held with Village staff at which the concept plan and other information about the proposed development is presented for staff comment. The applicant may also request a pre-application meeting with the Planning and Zoning Commission. Any comments, suggestions and input obtained at the pre-application meeting with either Village staff, or the Planning and Zoning Commission, shall not constitute authority to proceed with any improvements or incur any cost, nor obligate any officials or the Planning and Zoning Commission to approve a subsequent site plan review application.

      2.   Optional Concept Plan:

         (a)   Purpose: A concept plan is a conceptual design for land development, prepared for informal review purposes, which does not carry any rights or obligations to any parties. The purpose of the concept plan is to enable the applicant to obtain preliminary comments and suggestions from Village officials and the Planning and Zoning Commission prior to spending considerable time and expense in the preparation and revision of detailed plans and architectural drawings.

         (b)   Procedure:

            (1)   Application: In order to receive direction from the Planning and Zoning Commission prior to submitting a final site plan review application, an applicant may request a concept plan review meeting as described in subsection (D)2(b)(2) of this section. A concept plan shall be filed with the Zoning Administrator and shall contain those submission items outlined in Appendix C1 of this Zoning Ordinance. No further action shall be taken on a concept plan until the Zoning Administrator verifies that the submittal is deemed ready for review. Concept plans shall be forwarded to the Planning and Zoning Commission. Once the Zoning Administrator deems a concept plan submittal ready for review, they may forward such submittal to any outside consultants hired by the Village if necessary for a proper review of the application.

            (2)   Concept Plan Review Meeting: A concept plan review meeting shall be held to review the concept plan submittal within sixty (60) days of Village staff verification that the submittal is ready for review. The concept plan review meeting may include the Planning and Zoning Commission, Village staff, Village Manager, Zoning Administrator , Building Official and Village consultants, who shall review the concept plan and provide comments and suggestions regarding compatibility with the Village plan, general land use standards, this Zoning Ordinance and other applicable ordinances. No official acts shall be taken at the concept plan review meeting. The concept plan review meeting shall be at an open meeting, for discussion purposes only.

            (3)   Comments And Suggestions: After the conclusion of the concept plan review meeting, an itemized list of comments and suggestions from the Planning and Zoning Commission shall be presented to the applicant at the next scheduled Planning and Zoning Commission meeting or within sixty (60) days.

      Any comments, suggestions and input regarding the concept plan shall not constitute authority to proceed with any improvements or incur any cost, nor obligate the Planning and Zoning Commission, the Village Board, or any officials to recommend approval or to approve the subsequent site plan review application. No comments, suggestions and input regarding the concept plan shall be deemed approval of a subsequent site plan review application. Nothing herein shall prohibit the applicant from submitting a site plan review application to the Planning and Zoning Commission and Village Board for consideration.

            (4)   Relief: In the event a concept plan review meeting has occurred, no requests for relief from the provisions of this Zoning Ordinance shall be sought until the Planning and Zoning Commission presents the comments and suggestions to the applicant as described in subsection (D)2(b)(3), “Comments And Suggestions”, of this section.

            (5)   Formal Application: Once the applicant has received the comments and suggestions from the Planning and Zoning Commission, the applicant may submit a final site plan review application.

      3.   Site Plan Review Application:

         (a)   Application: An applicant shall be required to submit a completed Village site plan review application form and all submission requirements as listed in Appendix C2 of this Zoning Ordinance to the Village prior to consideration of a site plan.

         (b)   Completeness Review: Upon receipt of a formal application for site plan review, the Zoning Administrator shall conduct a completeness review to ensure that all submission items outlined in Appendix C2 of this Zoning Ordinance have been provided. A completed site plan review application shall be forwarded to the applicable village departments for preliminary review.

      4.   Review And Recommendation By Planning And Zoning Commission: Upon receipt of written recommendations from the applicable village departments, the Planning and Zoning Commission shall review the complete site plan review application for conformance with this section and recommend either approval, approval with conditions to which the applicant has agreed, or denial of the application. The Planning and Zoning Commission shall provide its recommendation in writing, along with reasons for its recommendation, and any conditions of approval within thirty (30) days after receiving a complete site plan review application. This time period may be extended by agreement of the Planning and Zoning Commission and applicant. In the event that the Planning and Zoning Commission does not make a recommendation within the prescribed time period, the site plan review application shall be deemed to have received a recommendation of denial and proceed to the Village Board.

      5.   Review And Decision By The Village Board: Within thirty (30) days after receiving a recommendation from the Planning and Zoning Commission, the Village Board shall review the recommendation and complete site plan review application for conformance with this section and shall either approve, approve with conditions to which the applicant has agreed, or deny the application. This time period may be extended by agreement of the Village Board and applicant. Approvals shall be made by ordinance.

   (E)   Standards For Site Plan Review: In addition to the specific standards for uses, parking, landscaping, building design, and signage included in this Zoning Ordinance and in title 4, chapter 3 of the Municipal Code, the Planning and Zoning Commission shall base its recommendation and the Village Board shall base its decision of approval, approval with conditions, or denial on the following additional criteria:

      1.   The arrangement of the structures on the site to:

         (a)   Ensure compatibility with development on adjacent property.

         (b)   Respond to existing off site utilities and service conditions to minimize the demand for additional municipal services, utilities and infrastructure.

         (c)   In the B2 District, respect the historic character of the B2 Central Business District.

      2.   The organization of circulation systems to:

         (a)   Minimize potentially dangerous traffic movements.

         (b)   Provide adequate and safe access to the site.

         (c)   Separate pedestrian and auto circulation wherever practical.

         (d)   Minimize curb cuts.

      3.   The design of off street parking lots or garages to:

         (a)   Minimize adverse impacts on adjacent properties.

         (b)   Promote logical, safe parking and interconnection with adjacent parking lots.

         (c)   In the B2 District, maintain the pedestrian orientation of the downtown.

         (d)   In the B2 District, limit breaks in the street wall defined by the front facades of buildings in the downtown.

      4.   The design of landscaping, screening and related improvements to:

         (a)   Promote and maintain Village standards for appearance and development quality.

         (b)   Provide harmonious transitions to adjoining lots and developments.

         (c)   Create a desirable and functional environment for motorists, pedestrians and occupants of residential dwellings, business owners and employees.

         (d)   Screen incompatible uses.

         (e)   Minimize the visual impact of the development on adjacent sites and roadways.

         (f)   Utilize approved plant materials listed in Appendix E of this Zoning Ordinance and that are suitable to withstand the climatic conditions of the Village, respect Village designation as a National Historic Landmark District, and are compatible and consonant with adjacent public plantings.

      5.   Site illumination in terms of fixture type and design, location and installation in a manner that will minimize adverse impacts to adjacent properties.

      6.   Conformance of the proposed development to the requirements of this Zoning Ordinance and other applicable codes and ordinances.

      7.   The relationship of the site plan to adopted Village land use policies and plans.

   (F)   Performance Bond Or Irrevocable Letter Of Credit: As a condition of site plan review application approval, the applicant shall provide a financial guarantee for the completion of all public improvements (streets, sidewalks, etc.) consisting of a performance bond or irrevocable letter of credit in an amount equal to one hundred ten percent (110%) of the estimated costs of such improvements. The guarantee shall be provided in a format and amount determined acceptable by the Village Manager.

   (G)   Amendment To Approved Site Plans:

      1.   Application: An applicant shall be required to submit a completed Village site plan amendment application form and all applicable submission requirements as listed in Appendix C2 of this Zoning Ordinance to the Village prior to consideration of an amendment to a site plan. Amendment applications shall also include a written description of the proposed change, including the reason for such change, and a notation of the location of any changes on the approved site plan. The Zoning Administrator shall make a determination as to whether the amendment application is complete.

      2.   Determination Of Type Of Change: Upon receipt of a complete application and using the following criteria, the Zoning Administrator shall determine, within ten (10) business days, whether the proposed amendment constitutes a minor or major change to an approved site plan. Major changes to an approved site plan shall include, but are not limited to:

         (a)   An increase in the gross floor area in excess of five percent (5%).

         (b)   A change in building height in excess of two feet (2').

         (c)   An increase in the number of dwelling units.

         (d)   A reduction in open space of five percent (5%) or more.

         (e)   Any reduction in the number of parking spaces or an increase of more than four (4) parking spaces.

         (f)   A change in the number and/or location of accesses to public streets or alleys.

         (g)   A change in excess of three feet (3') in the location of exterior building or structure walls.

         (h)   A change in excess of five feet (5') in the location of walkways, vehicle circulation ways and parking areas.

         (i)   A change to the landscape plan that results in a reduction in the net amount of plant material or in the use of a non-approved species. Other changes to the landscape plan shall be considered a minor change and may be approved by the Zoning Administrator as a minor change to an approved site plan.

      3.   Minor Change Amendment:

         (a)   The Zoning Administrator may review and approve, approve with conditions to which the applicant has agreed, or deny amendment applications for minor changes to approved site plans. Following their determination that the change sought by the amendment application constitutes a minor change, the Zoning Administrator, within ten (10) business days of receiving the complete amendment application, shall review and decide on the application, unless a revised site plan is required as described in subsection (H)1, “Application”, of this section, or the applicant agrees to a longer time period.

         (b)   If the Zoning Administrator denies the amendment application, the applicant may appeal the denial to the Village Board, provided that the request for the appeal is filed by the applicant within thirty (30) days of the issuance of the written Zoning Administrator’s decision.

         (c)   The Zoning Administrator may also, at their discretion, determine that a proposed change to an approved site plan, while technically a minor change, should nonetheless be submitted to the full Planning and Zoning Commission in accordance with the procedures for a major change to an approved site plan.

      4.   Major Change Amendment:

         (a)   If the Zoning Administrator determines that the proposed change to an approve site plan constitutes a major change, such amendment application shall be submitted to the Planning and Zoning Commission for review. A complete amendment application for a major change shall be reviewed by the Planning and Zoning Commission at the next regularly scheduled meeting that is twenty-one (21) or more days following receipt of the application. The Planning and Zoning Commission shall review the complete amendment application for conformance with this section and shall recommend either approval, approval with conditions to which the applicant has agreed, or denial of the application. The Planning and Zoning Commission shall provide its recommendation in writing, along with the reasons for its recommendation, and any conditions of approval, within thirty (30) days after the schedules meeting at which the application is reviewed. Within sixty (60) days after receiving a recommendation from the Planning and Zoning Commission, the Village Board shall review the recommendation and complete site plan amendment application for conformance with this section and shall either approve, approve with conditions to which the applicant has agreed, or deny the application. This time period may be extended by agreement of the Village Board and applicant. Approvals shall be made by ordinance. The time periods set forth in this subsection may be extended by agreement of the Planning and Zoning Commission or Village Board, as applicable, and applicant. In the event that the Village Board does not render a decision within the prescribe time period, the amendment application shall be deemed to be denied.

         (b)   The Zoning Administrator may, in the alternative, decide that the proposed change or changes to the approved site plan is such a significant change that it constitutes a new application and is subject to the complete site plan review provisions of this section, including resubmittal of a concept plan.

   (I)   Records Of Site Plan Review: A record of all site plan review requests and approved site plan review applications, including any requests for site plan amendments and amendments to approved site plans, shall be kept on file in the Community Development Department and copies shall be available, upon request, to any person for a fee specified by the Village.

   (J)   Fees: Application fee shall be as established from time to time by the Board of Trustees. (Ord. 2843, 12-19-2013; amd. Ord. 3020, 8-15-2019; Ord. 4040, 2-2-2023; Ord. 4054, 4-20-2023; Ord. 4149, 8-21-2025)

No building, or other structure, shall be built, and no building or other structure shall be altered or repaired, unless a building permit authorizing such construction is first procured in accordance with section 4-1-2 of the Municipal Code. No fence, wall or similar structure shall be built or constructed unless a permit authorizing such construction is first procured. Application for and issuance of a building permit shall be as set forth in title 4, chapter 1 of the Municipal Code. (Ord. 2955, 6-15-2017; amd. Ord. 3020, 8-15-2019)

No designated Riverside historic landmark, as listed in title 11, chapter 1, appendix D of the Municipal Code, shall undergo any exterior construction, alteration, renovation, reconstruction, remodeling, restoration or demolition, where a building or demolition permit is required, without first obtaining a certificate of appropriateness for such work from the Riverside Preservation Commission. Application for and issuance of a certificate of appropriateness shall be as set forth in title 11, chapter 1 of the Municipal Code. (Ord. 2550, 12-19-2005)

A certificate of occupancy shall be issued by the zoning administrator upon completion of the construction or alteration work of a building in excess of four hundred (400) square feet, provided said work complies with the provisions of the Municipal Code. The certificate of occupancy shall certify to such compliance and set forth the purpose for which the building may be used in its several parts, with any special stipulation of the permit with respect to said use. Application for and issuance of a certificate of occupancy shall be as set forth in title 4, chapter 1 of the Municipal Code. (Ord. 2550, 12-19-2005; amd. Ord. 3020, 8-15-2019)

   (A)   Purpose: The zoning appeals process, for the review of any order, requirement, decision or determination made by the zoning administrator, is intended to provide appropriate checks and balances on administrative authority.

   (B)   Authority: The Planning and Zoning Commission shall take formal action on zoning appeal applications.

   (C)   Application: All applications for appeals shall be filed with the Village Clerk, and a copy provided to the zoning administrator.

   (D)   Public Hearing and Decision By Planning And Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on such application within sixty (60) days of the filing of the application. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and shall issue a written final decision. Final decisions of the planning and zoning commission shall be subject to administrative review pursuant to the Administrative Review Law, as amended.

   (E)   Notice: Notice of the time and place of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village.

   (F)   Limitations On Appeals: An order, requirement, decision or determination of the zoning administrator may only be appealed if an application is filed within thirty (30) days of that decision. (Ord. 2550, 12-19-2005; amd. Ord. 2843, 12-19-2013; Ord. 3020, 8-15-2019)

   (A)   Purpose: The interpretation authority is intended to recognize that the provisions of this zoning ordinance, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this zoning ordinance in light of the general and specific provisions for which those provisions have been enacted. The interpretation authority established herein is not intended to add or change the essential content of this zoning ordinance, but only to allow authoritative application of that content to specific cases.

   (B)   Authority: The zoning administrator shall review and make final decisions on requests for interpretations.

   (C)   Procedure: The zoning administrator shall review a request for an interpretation, give due notice thereof to the parties, and render the interpretation in writing within sixty (60) days. The zoning administrator shall have the ability to request additional information prior to rendering an interpretation.

   (D)   An applicant may appeal the zoning administrator's decision to the planning and zoning commission pursuant to Section 10-2-2-9. (Ord. 2550, 12-19-2005; amd. Ord. 3020, 8-15-2019)

   (A)   This zoning ordinance, and each and all of the provisions thereof, shall be enforced by the zoning administrator or his/her designee.

   (B)   For any and every violation of the provisions of this zoning ordinance:

      1.   The owner, general agent, or contractor of a building or premises where such violation has been committed or shall exist;

      2.   And the lessee or tenant of the entire building or entire premises where such violation has been committed or shall exist;

      3.   And the owner, general agent, contractor, lessee or tenant of any part of the building or premises in which part such violation has been committed or shall exist;

      4.   And the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which such violation shall exist;

shall be, for each and every violation and for each and every day that such violation continues, subject to a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00).

   (C)   Each and every day that such violation continues is considered a new and distinct and separate offense and violation. (Ord. 2550, 12-19-2005)