No building, structure or premises shall be used or occupied except in conformity with the regulations of the zoning district in which it is located. No building or structure shall be erected, reconstructed, extended, enlarged, altered or moved except in conformity with the regulations of the zoning district in which it is located. (Ord. 2550, 12-19-2005)

In addition to the specific use standards of this section, all uses shall be required to meet all applicable standards of this zoning ordinance and other Village codes.

   (A)   Community Residence: No community residence shall be located within one thousand two hundred feet (1,200') of another community residence, unless the Village President and Village Board find that the cumulative effect of such location would not alter the residential character of the neighborhood, would not create an institutional setting, and would not adversely impact surrounding properties.

   (B)   Daycare Centers And Daycare Homes:

      1.   No daycare facility shall operate unless the operator possesses a valid daycare facility license or permit issued by the State of Illinois, as well as a State Fire Marshal approval permit, if applicable. Every daycare facility is subject to all applicable Village of Riverside codes. The valid license or permit shall be prominently displayed within the facility at all times. Copies of the license or permit shall be provided to the Village prior to issuance of a certificate of occupancy.

      2.   Each operator shall make available to the Village Fire Department, upon request, the number of children or adults being cared for in the facility at any one time. The Fire Department shall have the authority to reduce the permitted number of children or adults based upon the Village of Riverside Fire Code as then in effect.

      3.   All child daycare facilities shall provide adequate outdoor play areas in accordance with the State of Illinois licensing requirements. (Ord. 2550, 12-19-2005)

   (C)   Drive-Through Facilities:

      1.   Drive-through facilities in the B2 District shall be located at the rear of buildings, and where possible, the building shall extend over the drive- through aisles to maintain the street wall. Financial institutions with drive-through facilities in the B2 District shall be limited to no more than two (2) drive-through lanes.

      2.   Drive-through facilities shall be designed with adequate stacking spaces so that waiting vehicles will not impede traffic flow. A minimum of three (3) stacking spaces shall be provided per each drive-through window or facility.

      3.   Exterior lighting shall conform to the requirements of section 10-7-2, “Exterior Lighting”, of this zoning ordinance, and shall not produce a glare into, or upon, the surrounding area or any residential premises. All drive- through facilities shall be properly screened or fenced, to prevent glare from vehicles passing through service lanes.

      4.   Drive aisles shall be separated from landscaped areas by a six inch (6") curb.

      5.   The volume on all intercom menu displays shall be maintained at a level so as not to be audible in adjoining residential districts. The volume on all intercom menu displays shall comply with all local noise regulations.

      6.   The operator of the drive-through facility shall provide adequate on-site outdoor waste receptacles and shall provide daily litter clean-up of the facility and along the rights-of-way abutting the property.

      7.   Drive aisles of drive-through facilities shall be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties in order to minimize the impact of exterior site lighting, headlight glare and any menu intercom displays. Such screening shall be in accordance with the buffer yard requirements (section 10-9-7 of this zoning ordinance) or perimeter parking lot landscaping requirements (section 10-9-5 of this zoning ordinance) of this zoning ordinance. (Ord. 2955, 6-15-2017)

   (D)   Home Occupations:

      1.   No person other than a family member residing on the premises shall be employed as part of a home occupation.

      2.   Business shall be conducted primarily via fax, mail, telephone, internet and/or computer equipment.

      3.   The receipt, sale or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. mail and/or an express shipping service that is characteristic of service to residential neighborhoods.

      4.   Outdoor storage of merchandise or material shall be prohibited.

      5.   The home occupation shall be conducted entirely within a principal or accessory building on the lot. Motor vehicle repair shall not be permitted as a home occupation.

      6.   The home occupation shall not exceed twenty five percent (25%) of the total floor area of the principal building.

      7.   No exterior alteration that changes the residential character of the principal or accessory building shall be permitted.

      8.   Vehicular or pedestrian customer or client traffic shall not be generated in a significant manner by the home occupation.

      9.   The home occupation shall not generate any impacts related to noise, vibration, smoke, heat, lighting, fumes or odors, or create interference with any electrical, radio or television equipment, or create any other nuisances or safety hazards to neighboring properties.

   (E)   Off Street Parking; Parking Lots And Parking Structures:

      1.   In Residential Districts; Accessory To A Use In A Business District:

         (a)   Accessory off street parking for a use in a business district shall only be permitted on lots that directly adjoin, or are only separated by a public alley or street which does not exceed twenty five feet (25') in width from the business district.

         (b)   Parking lots shall not be used for the serving of food or refreshments for consumption in the lot. Parking lots shall not be used for motor vehicle repair.

         (c)   All parking lots shall be designed, constructed, screened and landscaped in accordance with the requirements of this zoning ordinance.

      2.   In Residential Districts; Accessory To A Use In A Residential District:

         (a)   All parking lots for townhouses, multiple-family residential or nonresidential uses in residential districts shall be designed, constructed, screened and landscaped in accordance with the requirements of this zoning ordinance.

         (b)   All driveways and parking areas for single- and two-family residential dwellings shall be in accordance with the driveway standards of subsection 10-7-3(E), “Driveways”, of this zoning ordinance. (Ord. 2550, 12-19-2005)

      3.   In B2 District; As A Principal Use: Only the village of Riverside and METRA shall be permitted to construct a parking structure or lot as a principal use in the B2 district, where it is not located on the same zoning lot as the business or other use(s) served. All other private parking structures or lots (as a principal use), which are not located on the same zoning lot as the business or use(s) served, shall only be allowed as a special use when the planning and zoning commission makes a finding that the location will promote shared parking among multiple uses or tenants. (Ord. 2550, 12-19-2005; amd. Ord. 2843, 12-19-2013)

   (F)   Restaurant With Outdoor Dining:

      1.   The outdoor seating area shall not be located in a required yard abutting any residential district and shall not interfere with the use of parking spaces or aisles.

      2.   Outdoor seating areas shall be delineated with a fence or other means of separation.

      3.   Any business requesting outdoor seating located on a public sidewalk shall meet the applicable village standards for outdoor dining in the public right of way.

      4.   In the B2 District, up to an additional 5 feet of front yard may be granted administratively for restaurants that offer outdoor dining provided that the additional space:

         (a)   maintains adequate walking and passing space for pedestrians;

         (b)   complies with ADA accessibility standards;

         (c)   is adjacent to the initial 5 feet of front yard space; and

         (d)   minimizes the path between the restaurant’s main entrance and the furthest point of the outdoor dining area.

   (G)   Townhouse And Multiple-Family Residential Dwelling Units:

      1.   All townhouses shall be designed with the front facade of the units facing the street. All townhouses shall be designed with either detached garages located in the rear yard or attached garages oriented to the rear or side of the units. A special use permit is required for townhouses with front loaded garages.

      2.   There shall be a minimum separation of ten feet (10') between side walls among rows of townhouses or multiple-family residential buildings.

      3.   To avoid the appearance of blank walls facing the street, when side walls of a townhouse or multiple-family residential building face a street, building facades shall be designed with elements of a front facade, including doors and/or windows.

      4.   Where a front wall or rear wall of a row of townhouses or multiple- family residential buildings faces the front or rear wall of another row of townhouses or multiple-family residential buildings, the minimum required separation between such buildings shall be thirty feet (30'). Driveways and parking areas may be located within this minimum separation area. The minimum separation at the ground floor may be reduced to twenty feet (20') for interior drives with garage doors facing garage doors, provided that the upper story living spaces comply with the thirty foot (30') separation requirements.

      5.   Private yards a minimum of two hundred (200) square feet in area shall be required for each townhouse dwelling unit. This private yard may be located adjacent to a front wall, rear wall, or side wall, provided that it is immediately adjacent to the townhouse unit it serves and directly accessible from the townhouse unit by way of a door or stair. Required private yards must be at grade or, if located on a terrace or patio, within four feet (4') of grade. All private yards must be landscaped with turf, ground cover, shrubs, trees or other landscape improvements, such as walkways and patios, including the use of permeable paving materials.

   (H)   Wireless Telecommunications Facility:

      1.   Purpose And Intent: It is the general purpose and intent of the village to carry out the will of the United States congress by authorizing communication facilities needed to operate personal wireless telecommunication systems. It is the further purpose and intent of the village of Riverside to provide for such authorization in a manner which will retain the integrity of residential neighborhoods and the character, property values and aesthetic quality of the community at large. In particular, these standards attempt to address issues of demand, visual mitigation, engineering, residual impacts, and facility design so as to minimize, to the extent possible, the amount of aesthetic degradation, property devaluation, and safety implications related to the siting of such facilities. In fashioning and administering the provisions of this section, an attempt has been made to balance these potentially competing interests.

Recognizing the number of providers authorized to establish and operate personal wireless telecommunication services and facilities, it is the further purpose and intent of this section to:

         (a)   Promote the public health, safety and welfare.

         (b)   Facilitate adequate and efficient provision of sites for personal wireless telecommunication facilities.

         (c)   Ensure that wireless telecommunication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

         (d)   Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impacts upon existing infrastructure systems, and other public services and facility needs.

         (e)   Allow the village board to regulate and restrict personal wireless telecommunications facilities and services as special uses.

         (f)   Allow the village board to permit personal wireless telecommunication facilities as special uses at site locations on a priority basis, subject to applicable standards and conditions.

         (g)   Recognize that operation of a personal wireless telecommunication system may, in the opinion of the applicant, require the establishment of facilities in locations not within the higher priority areas. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods within the community. Consequently, more stringent standards and conditions should apply to the review, approval and use of such facilities.

         (h)   Provide for adequate information about plans for personal wireless telecommunications facilities in order to permit the village to effectively plan for the location of such facilities.

         (i)   Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

         (j)   Minimize the negative visual impact of personal wireless telecommunications facilities on neighborhoods, community landmarks, historic sites and buildings, public open space, and public rights of way. This contemplates the establishment of as few structures as reasonably feasible, and the use of structures which are designed for compatibility, including the use of existing structures and the avoidance of lattice structures that are unnecessary, taking into consideration the purposes and intent of this section.

         (k)   The village board finds that the presence of numerous tower structures, particularly if located within residential areas, would decrease the attractiveness and destroy the character and integrity of the community. This, in turn, would have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impact from the presence of numerous relatively tall tower structures having low architectural and other aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare.

      2.   Permitted Locations:

         (a)   Special Uses: In all circumstances, a new personal wireless telecommunication facility shall be deemed a special use, subject to the general special use standards and procedures set forth in section 10-2-2-3, “Special Uses”, of this zoning ordinance.

         (b)   Priority Of Sites: To minimize the adverse visual impact of personal wireless telecommunications service facilities, such facilities will be permitted as special uses only in the following order of preference for locating new facilities. If lower priority locations are requested, the applicant may be required to provide engineering data certified by the appropriate Illinois licensed professional, or other information the village deems necessary, to demonstrate to the satisfaction of the village board, that the use of a higher priority location is not technically, or otherwise, feasible, and that the requested location is a matter of engineering necessity. In addition to the special use requirements, all facilities shall be subject to the conditions set forth below, and, if approved, constructed and maintained in accordance with the standards and conditions of this section.

            (1)   First Priority: First priority sites include either attached wireless telecommunication facilities proposed to be located or collocated on existing structures which may require modification to support antenna such as, but not limited to, buildings, towers, previously approved monopoles or utility poles, where the existing structure is not, in the judgment of the village board, proposed to be substantially changed in appearance, or alternatively, newly proposed support structures and associated attached facilities designed as concealed facilities, which are, in the judgment of the village board, compatible with the character of the surrounding area. Such facilities may be approved only on sites that meet all of the following criteria:

               A.   The site is zoned R1-AA, R1-A, R2, R3, R4 or B1 and is not used for residential purposes, or the site is within the public right of way.

               B.   The site is not a lot within a residential subdivision located west of First Avenue.

               C.   The site is not located within the Riverside national historic landmark district.

First priority sites include parcels located south of the Des Plaines River, the Riverside Brookfield High School site, the Cook County forest preserve property, and the Brookfield Zoo property that meet the above criteria. (Ord. 2550, 12-19-2005)

            (2)   Second Priority: Second priority sites include either attached wireless telecommunication facilities proposed to be located or collocated on existing structures which may require modification to support antenna such as, but not limited to, buildings, towers, previously approved monopoles and utility poles, where the existing structure is not, in the judgment of the village board, proposed to be substantially changed in appearance, or, alternatively, newly proposed support structures and associated attached facilities designed as concealed facilities, which are, in the judgment of the village board, compatible with the character of the surrounding area. Such facilities may only be approved on sites that meet all of the following criteria:

               A.   The site is zoned B1 or B2 public use zone and is not used for residential purposes, or the site is within the public right of way.

               B.   The site is located within the Riverside national historic landmark district, but is not located within the B2 central business district other than in the public use zone subdistrict.

               C.   The site or building or structure on the site is not a designated historic landmark. (Ord. 2881, 9-17-2015)

            (3)   Third Priority: New personal wireless telecommunications support structures (excluding lattice towers) and associated attached facilities that are not designed as concealed facilities (i.e., concealed facilities are considered first or second priority per subsections (I)2(b)(1) and (I)2(b)(2) of this section). Such facilities may only be approved on sites that meet all of the following criteria:

               A.   The site is zoned R1-AA, R1-A, R2, R3, R4 or B1 and is not used for residential purposes, or the site is within the public right of way.

               B.   The site is not a lot located within a residential subdivision located west of First Avenue.

               C.   The site is not located within the Riverside national historic landmark district.

Third priority sites include parcels located south of the Des Plaines River, the Riverside Brookfield High School site, the Cook County forest preserve property, and the Brookfield Zoo property that meet the above criteria.

            (4)   Fourth Priority: New personal wireless telecommunications support structures (excluding lattice towers) and associated attached facilities that are not designed as concealed facilities (i.e., concealed facilities are considered first or second priority per subsections (I)2(b)(1) and (I)2(b)(2) of this section). Such facilities may only be approved on sites that meet all of the following criteria:

               A.   The site is zoned B1 and is not used for residential purposes, or the site is within the public right of way.

               B.   The site is located within the Riverside national historic landmark district, but is not located within the B2 central business district.

               C.   The site, or a building or structure on the site, is not a designated historic landmark.

      3.   Standards And Conditions Applicable To All Facilities: All applications to erect, construct or modify wireless telecommunication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the village board in its discretion.

         (a)   Public Health And Safety: Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

         (b)   Compliance With Federal, State, And Local Standards: Wireless telecommunications facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

         (c)   Maximum Height For A New Wireless Telecommunication Support Structure:

            (1)   The maximum permitted height of any new wireless telecommunication support structure and associated antenna shall be one hundred ten feet (110'). The village board shall have the discretion to permit antenna or support structures that exceed one hundred ten feet (110') in height at the time collocation of additional antenna is requested.

            (2)   The height of the support structure shall be measured from the finished grade at the base of the support structure to the highest point of the highest proposed antenna or structure.

            (3)   The maximum height of one hundred ten feet (110') shall not apply when attached wireless telecommunication facilities are proposed on an existing support structure which was not erected solely for the purpose of supporting wireless telecommunication facilities.

         (d)   Minimum Setbacks: Required setbacks of new support structures from adjacent properties shall, at a minimum, be the setbacks required for principal buildings within the applicable zoning district. However, the village board shall have the discretion to require greater setbacks from residential uses, if feasible.

         (e)   Access: There shall be unobstructed access to the support structure for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as the location of adjacent thoroughfares and traffic and circulation within the site, utilities needed to service the tower and any attendant facilities, the location of buildings and parking facilities, proximity to residential districts and minimizing disturbance to the natural landscape, and the type of equipment which will be needed to access the site.

         (f)   Equipment Enclosure: Where an attached wireless telecommunication facility is proposed on the roof of a building or if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements, including setback requirements, for accessory buildings.

         (g)   Maximum Permitted Height Of Equipment Enclosure: The accessory building constructed to enclose such things as switching equipment shall be limited to the maximum height for accessory structures in the zoning district.

         (h)   Design Objectives: The support structure and all accessory buildings shall be designed to minimize distraction, reduce its visibility, maximize aesthetic appearance and ensure compatibility with surroundings. The village board shall have the discretion to require the use of a certain color, building material, or other design element to ensure compatibility. It shall be the responsibility of the applicant to maintain the wireless telecommunication facility in a neat and orderly condition.

         (i)   Signs: No signs or logos visible from off site shall be permitted on a support structure or antenna, with the exception of approved warning signs.

         (j)   Landscaping/Fencing: The village board shall have the discretion to require landscaping to provide screening and aesthetic enhancement for the structure base and accessory buildings. The village board shall also have the discretion to permit or require fencing for protection of the support structure and security from children and other persons who may otherwise access facilities.

         (k)   Compliance With Building Code: The support system shall be constructed in accordance with all applicable building codes.

         (l)   Lighting: No personal wireless telecommunication facilities shall be lighted unless required by the FAA or other federal or state agency with authority to regulate. In the event such lighting is required, a description of the lighting scheme shall be provided.

         (m)   Color: All personal wireless telecommunication facilities shall be of a color that is harmonious with, or blends in with, its surroundings. In the case of proposed support structures designed as monopoles, white or pale gray is likely to be deemed to be most compatible.

      4.   Application Requirements: All applications to erect, construct or modify any part of or component of a wireless telecommunication facility shall include the following informational items, unless waived by the village:

         (a)   A site plan showing the location, size, screening and design of all buildings and structures, including fences, the location and size of outdoor equipment, the location, number, and species of proposed landscaping, and as built drawings for all proposed attached wireless telecommunication facilities and/or wireless telecommunication support structures.

         (b)   A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

         (c)   A disclosure of what is proposed, demonstrating the need for the proposed wireless telecommunication support structure to be located as proposed based upon the presence of one or more of the following factors:

            (1)   Proximity to a major thoroughfare.

            (2)   Areas of population concentration.

            (3)   Concentration of commercial or other business centers.

            (4)   Areas where signal interference has occurred due to buildings, masses of trees, or other obstruction.

            (5)   Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

         (d)   The reason or purpose for the placement, construction or modification with specific reference to the provider’s coverage, capacity and/or quality needs, goals and objectives.

         (e)   The service area of the proposed wireless telecommunication facility. A propagation map shall be provided to illustrate this information.

         (f)   The nature and extent of the provider/applicant’s ownership, easement or lease interest in the property, building or structure upon which facilities are proposed for placement, construction or modification.

         (g)   The identity and address of all owners and other persons with a real property interest in the property, buildings or structure upon which facilities are proposed for placement, construction or modification.

         (h)   A map showing existing and known proposed wireless telecommunication facilities within the village of Riverside, and further showing existing and known proposed wireless telecommunication facilities within areas surrounding the borders of the village that are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. The map shall also show existing buildings and/or other structures of the same approximate height within a one-half (½) mile radius of the proposed site which could accommodate a feasible collocation of the applicant’s proposed attached wireless telecommunication facility.

         (i)   For each location identified on the applicant/provider’s survey maps and drawings, the application shall include the following information, if known, with the applicant/provider expected to exercise reasonable due diligence in attempting to obtain information prior to application:

            (1)   The structural capacity and whether it can accommodate the applicant’s facility, as proposed or modified.

            (2)   Whether property owner approvals exist or have been requested and obtained.

            (3)   Whether the location could be used by the applicant/provider for placement of its attached wireless telecommunication facility or, if not, a disclosure of the technological considerations involved, with specific reference to how use of the location would prohibit the applicant/provider from providing wireless telecommunication services.

         (j)   A certification by a state of Illinois licensed and registered professional engineer regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.

         (k)   A description of the security to be posted at the time of receiving a building permit for the wireless telecommunication support structure to ensure the faithful performance of all special use conditions including, but not limited to, removal of the structure when it has been abandoned or is no longer needed, as provided in subsection (I)6 of this section. The security, in the form of a cash or performance bond or irrevocable letter of credit in an amount determined sufficient by the village, shall be a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any additional costs and attorney fees incurred by the village in securing removal.

         (l)   The village board shall have the discretion to require a detailed landscape plan that indicates the size, species, number and location of proposed plant material. The purpose of landscaping, where required, is to provide screening for the wireless telecommunication support structure base, accessory buildings and enclosure.

         (m)   The village board shall have the discretion to require the applicant to provide a visual simulation or rendering of the proposed support structure that illustrates the relationship between the height and the visual appearance of the structure. If required, the visual simulation shall be provided from two (2) different perspectives and accurately depict the scale of the proposed structure in the context of the surrounding area.

         (n)   The proposal shall be reviewed for conformity with the collocation requirements of subsection (I)5 of this section.

      5.   Collocation: It is the policy of the village of Riverside to minimize the overall number of newly established locations for wireless telecommunication facilities and wireless telecommunications support structures within the community, and encourage the use of existing structures for attached wireless telecommunications facility purposes, consistent with the statement of purpose and intent, set forth in subsection (I)1 of this section. Each licensed provider of a wireless telecommunication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States congress. However, particularly in light of the dramatic increase in the number of wireless telecommunication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the federal telecommunications act of 1996, it is the policy of the village that all users should collocate on attached wireless telecommunication facilities and wireless telecommunication support structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in subsection (I)1 of this section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be constructed in direct violation of, and in direct contradiction to, the basic policy, intent and purpose of the village of Riverside. The provisions of this section are designed to carry out and encourage conformity with this policy.

         (a)   Feasibility Of Collocation: Collocation shall be deemed to be “feasible” for purposes of this section where all of the following are met:

            (1)   The wireless telecommunications provider entity under consideration for collocation will provide fair compensation for collocation.

            (2)   The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

            (3)   The collocation being considered is technologically feasible, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas and the like.

            (4)   The height of the structure necessary for collocation shall not exceed the maximum height identified under subsection (I)3(c), “Maximum Height For A New Wireless Telecommunications Support Structure”, of this section, unless authorized by the village board.

         (b)   Requirements For Collocation:

            (1)   A special land use permit for the construction and use of a new wireless telecommunication support structure shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

            (2)   All new and modified wireless telecommunication support structures shall be designed and constructed so as to accommodate collocation. Prior to issuance of a special use permit for a new support structure, the applicant shall provide a notarized letter signed by the applicant representing and warranting that the personal wireless telecommunication support structure is structurally designed to accommodate at least one additional antenna for one future user, and that if approached by a second user, the applicant will permit collocation if fairly compensated. A structural engineer’s certification shall address the silhouette and structural integrity of the proposed support structure for use and occupancy by at least two (2) users. Noncompliance with this provision may be grounds for revoking the special use permit.

      6.   Removal Of Wireless Telecommunication Facilities:

         (a)   All providers with facilities within the village shall notify the village, in a timely manner, when a facility is no longer in operation.

         (b)   All wireless telecommunication providers with facilities in the village of Riverside shall be required to submit an annual status report to the village that describes the current operational and maintenance status of the facilities and any planned changes or modifications to the structure or site, or ownership, lease or maintenance agreement. The village shall have the discretion to charge the applicant a fee for review of the annual status report.

         (c)   A condition of every approval of a wireless telecommunication facility shall be adequate provision for removal of all or part of the facility by users and owners.

         (d)   Provisions for removal shall be made if the facility has not been used for one hundred eighty (180) days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

         (e)   The situation in which removal of a facility is required, as set forth in subsection (I)6(c) of this section, may be applied and limited to portions of a facility.

         (f)   Upon the occurrence of the event requiring removal, specified in subsection (I)6(c) of this section, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to its prior condition as reasonably determined by the Village Board.

         (g)   If the required removal of a facility or a portion thereof has not been lawfully completed sixty (60) days after the applicable deadline, and after at least thirty (30) days’ written notice, the Village of Riverside may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the cash bond or letter of credit posted at the time application was made for establishing the facility. (Ord. 2550, 12-19-2005)

      7.   Small Wireless Facilities: The regulations of this subsection do not apply to small wireless facilities or wireless support structures for small wireless facilities, which are separately regulated by title 8, chapter 14, “Small Wireless Facilities”, of the Municipal Code. (Ord. 3002, 10-18-2018)

   (I)   Animal Shelters:

      1.   No animal shelter shall operate unless the operator possesses a valid license issued by the State of Illinois. Copies of the license shall be provided to the Village prior to issuance of a certificate of occupancy.

      2.   Noise generated by animals within the building shall not exceed the noise performance standards of the Village at the property lines.

      3.   No outdoor facilities for the animals on the premises shall be permitted.

   (J)   Adult-Use Cannabis Business Establishments and Medical Cannabis Dispensing Organizations:

      1.   Purpose and Applicability: It is the intent and purpose of this subsection to prohibit or provide reasonable regulations, as applicable, regarding the cultivation, processing, transportation and dispensing of adult-use and medical cannabis occurring within the corporate limits of the village. Such facilities, where allowed, shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), the Medical Cannabis Act (P.A. Public Act 098-0122), as recently amended by P.A. 101-363, and as either Act may be subsequently amended from time-to-time, as well as the regulations promulgated thereunder, and the regulations provided for below. In the event that either Act is amended, the more restrictive of the state or local regulations shall apply.

      2.   Prohibited Uses:

         (a)   Adult-Use Cannabis Business Establishments: The Village, pursuant to authority granted to units of local government in the Cannabis Regulation and Taxation Act to prohibit the location of all or certain Adult-Use Cannabis Business Establishments, prohibits the location of the following Adult-Use Cannabis Business Establishments within the Village boundaries: Adult-Use Cannabis Craft Growers, Cultivation Centers, Infuser Organizations, Processing Organizations, and Transporting Organizations. Adult-Use Cannabis Dispensing Organizations are prohibited within the Village boundaries, except as provided for in Table 4 (Business Districts Permitted Uses) of Section 10-5-9 (Use and Bulk Requirement Tables).

         (b)   Medical Cannabis Dispensing Organizations: The Village, pursuant to authority granted to units of local government in the Medical Cannabis Act to enact reasonable zoning regulations on Medical Cannabis Dispensing Organizations, prohibits the location of all such Dispensing Organizations within the Village boundaries, except as provided for in Table 4 (Business Districts Permitted Uses) of Section 10-5-9 (Use and Bulk Requirement Tables).

      3.   Adult-Use or Medical Cannabis Dispensing Organization facility components: While Adult-Use or Medical Cannabis Dispensing Organization facilities are permitted uses, the following materials need to be submitted by any proposed facility for review and evaluation by Village staff in order to determine compliance with the Village’s use standards as set forth herein, and with other Village requirements:

         (a)   The proposed plan of operations of the Adult-Use or Medical Cannabis Dispensing Organization demonstrating the intent of the Organization to operation in full compliance with the Cannabis Regulation and Tax Act and/or Medical Cannabis Act, as applicable.

         (b)   The proposed security plan and lighting plan for the Adult-Use or Medical Cannabis Dispensing Organization, outlining the proposed security arrangements to deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products from the Dispensing Organization, and to ensure the safety of employees and customers of the Dispensing Organization, as well as the surrounding area, and including no less than the minimum security and lighting measures required by State law. The security plan shall be reviewed and approved by the chief of police.

         (c)   Information on the proposed structure in which the Adult-Use or Medical Dispensing Organization facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations and building code compliance.

         (d)   Site design of the Adult-Use or Medical Dispensing Organization, including ingress and egress access points and internal site circulation.

         (e)   Proposed signage plan and parking plan of the Adult-Use or Medical Dispensing Organization.

      4.    Minimum Distance Requirements: No Adult-Use or Medical Cannabis Dispensing Organization shall be located within 500 feet of the property line of a pre-existing public or private school. Professional, vocational or specialized instructional centers or schools are not classified as public or private schools for purposes of this subsection.

      5.   On-Site Consumption or Use: Consumption or use of adult-use cannabis is prohibited within Adult-Use or Medical Cannabis Dispensing Organizations and within the parking areas or other public areas of Adult-Use or Medical Cannabis Dispensing Organizations. Dispensing Organizations are required to prominently display signs regarding this prohibition near the exit door or doors of the facility.

      6.   Food: No Adult-Use or Medical Cannabis Dispensing Organization shall also sell food for consumption on the premises.

      7.   Product Display: No products sold by an Adult-Use or Medical Cannabis Dispensing Organization shall be visible from the public street, sidewalk or other public place.

      8.   Parking Enforcement Agreements: The property owner and/or Adult-Use or Medical Cannabis Dispensing Organization owner shall, prior to occupancy, enter into a parking enforcement agreement with the Village pursuant to Section 11-209 of the Illinois Vehicle Code (625 ILCS 5/11-209). Such agreement shall authorize the Village police department to, among other things, enforce such reasonable rules and regulations with respect to traffic, parking and loitering in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area of the Adult-Use or Medical Cannabis Business Establishment.

      9.   Hours of Operation: It shall be unlawful for an Adult-Use Cannabis Dispensing Organization to open earlier than 8:00 a.m. or to close later than 10:00 p.m.

      10.   Cooperation with Village: Adult-Use or Medical Cannabis Dispensing Organizations and property owners where such Dispensing Organizations are located shall provide access to Village police, fire and code enforcement personnel during periods when employees are present to verify compliance with this subsection and other Village ordinances. Adult-Use or Medical Cannabis Dispensing Organizations and property owners where such Dispensing Organizations are located shall cooperate with the Village police, fire and code enforcement personnel in the provision of security footage when requested, and in any related prosecution of any persons who violate State law or local ordinances within an Adult-Use or Medical Cannabis Dispensing Organization and on properties where such Organizations are located.

      11.   Odors: No cannabis odors shall be detectable outside of the Adult-Use or Medical Cannabis Dispensing Organization.

      12.   Compliance: Applicants seeking to open an Adult-Use or Medical Cannabis Dispensing Organization facility shall provide the Village with proof of State licensing approval prior to the issuance by the Village of a certificate of occupancy. Persons operating an Adult-Use or Medical Cannabis Dispensing Organization facility shall annually provide to the Village all State inspection reports and other information necessary to verify ongoing compliance with State and Village requirements. Applicants shall, after commencing operations, provide to the Village, within seven (7) days of receipt, copies of any notices, citations or other enforcement actions undertaken against the facility by the State, along with an explanation as to what steps are being taken by the Applicant to bring the facility back into compliance. (Ord. 2953, 6-15-2017; amd. Ord. 3022, 9-5-2019; Ord. 4041, 2-2-2023; Ord. 4044, 2-2-2023; Ord. 4092, 3-21-2024)

   (A)   Temporary Use Approval:

      1.   Unless otherwise specified within the Municipal Code, the Zoning Administrator shall approve a special permit for those temporary uses listed in subsection (C), “Permitted Temporary Uses”, of this section so long as he/she determines that the proposed use, including the erection of any temporary building or structure, complies with the requirements of this section and this Zoning Ordinance. Unless expressly provided, every temporary use shall comply with the bulk requirements applicable in the district in which the temporary use is located.

      2.   Temporary uses not specifically listed herein or within the Municipal Code shall require the specific approval of the Village Board. Such uses may be allowed in any zoning district, provided that such temporary use is consistent with the purpose and intent of this Zoning Ordinance and the zoning district in which it is located.

      3.   Every temporary use shall comply with, and the Village may impose, such other conditions, as part of the temporary use approval, as may reasonably be necessary to achieve the purposes of this Zoning Ordinance, and to protect the public health, safety, comfort, convenience and general welfare. No temporary use shall be permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole.

   (B)   General Provisions: Every temporary use shall comply with all the requirements listed below:

      1.   No temporary use shall be permitted that causes, or threatens to cause, an on site or off site threat to the public health, safety, comfort, convenience and general welfare.

      2.   Every temporary use shall be operated in accordance with such restrictions and conditions as the Fire Department may require. If required by the Village, the operator of the temporary use shall employ appropriate security personnel.

      3.   No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses.

      4.   No temporary use shall be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The Zoning Administrator may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The Zoning Administrator shall approve such temporary use only if such parking spaces are provided.

      5.   No temporary use shall be approved if such use would conflict with another previously authorized temporary use.

   (C)   Permitted Temporary Uses:

      1.   Arts And Crafts Shows, And Plant Shows (Indoor And Outdoor): Such sales are allowed in any zoning district. Any such sale shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. In Residential Districts, such sales shall be limited to a period not to exceed three (3) days and no more than three (3) such sales shall be permitted in any twelve (12) month period.

      2.   Carnivals: Carnivals shall be permitted in any Nonresidential Zoning District. The approval of any such use shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. Carnivals need not comply with the yard requirements and the maximum height requirements of this Zoning Ordinance.

The concessionaire responsible for the operation of any such use shall:

         (a)   Submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead end aisles.

         (b)   Provide fire extinguishers of a type, and at site locations, approved by the Fire Department.

         (c)   Provide, and service, refuse containers in the number and locations required by the Building Commissioner.

         (d)   Provide for thorough cleanup of the site at the completion of the event.

         (e)   Provide proof that all amusement devices have been State inspected.

         (f)   Upon written notice from the Village, immediately stop the use of any amusement device or structure found by the Village to pose a threat to the public safety.

      3.   Christmas Tree Sales Lot: Christmas tree sales lots shall be permitted in any Nonresidential Zoning District. Christmas tree sales lots shall comply with the requirements of title 3, chapter 8 of the Municipal Code.

      4.   Farm Stands And Farmers’ Markets: Farm stands and farmers’ markets are allowed in any Nonresidential Zoning District. No product may be exhibited or offered for sale except the following: fresh dairy goods, fruits, vegetables, nuts, juices, flowers, plants, herbs and spices produced or grown by the vendor, and baked goods made by the vendor(s).

      5.   House, Apartment, Garage And Yard Sales: House, apartment, garage and yard sales shall be permitted in any zoning district. Such sales shall comply with the requirements of section 3-15-7 of the Municipal Code.

      6.   Street Or Sidewalk Sales: Street or sidewalk sales shall be permitted in any Nonresidential Zoning District. Street or sidewalk sales shall comply with the requirements of section 8-2-25 of the Municipal Code.

      7.   Temporary Contractor Trailers And Real Estate Model Units: Contractor trailers and real estate model units are allowed in any zoning district when accessory to a construction project or a new development, respectively. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project or the active selling and leasing of space in such development, respectively. No such use shall contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No such trailer, unit, or office shall be used as the general office or headquarters of any firm.

      8.   Rental Kiosks: The Village Manager, upon authorization from the Board of Trustees, may install, or may negotiate and enter into one or more contracts that authorize the installation of, temporary rental kiosks and related street furniture, on the public way or on public property in any zoning district. Among the types of items that may be rented are recreational means of transportation, such as bikes, kayaks, and canoes. The Board of Trustees shall authorize such installation or a contract for such installation, only when the Board determines that such installation, or entering into contracts for such installation, is in the public interest based upon the following considerations:

         (a)   The extent to which the kiosk will serve the convenience or safety of the public and be of general benefit to the Village;

         (b)   The extent to which the kiosk will enhance the aesthetic appeal of the streetscape;

         (c)   The ability of the Village or contractor to place, install and maintain a kiosk of suitable design and quality, and to perform other obligations under the contract;

         (d)   The ultimate financial cost or economic benefit to the Village from the installation or contract.

The Village Manager is authorized to issue requests for proposals or requests for qualifications whenever the Board of Trustees determines that such requests are necessary for purposes of this section. Any contract entered into pursuant to this section shall be subject to approval as to form and legality by the Village Attorney.

      9.   Temporary Event Tents in Front or Street Yards or in a Side or Rear Yard Setback: The Zoning Administrator may approve the placement of a temporary event tent in a street or front yard or within a side or rear yard setback upon application and where it is established to their satisfaction that such placement is for a particular religious, educational, recreational or commercial sales purpose or special event, and not for storage, is time limited, would be in compliance with the requirements of subsection (B) above and where placement in a rear or side yard is impractical given the nature of the purpose or special event 1 . Temporary event tents erected on residential properties for less than twenty-four (24) hours may be allowed in a street or front yard or within a side or rear yard setback without the approval of the Zoning Administrator. (Ord. 2550, 12-19-2005; amd. Ord. 2823, 9-19-2013; Ord. 4041, 2-2-2023; Ord. 4047, 2-16-2023)