No person may conduct or shall be entitled to establish a new use or obtain a building permit from the Village or other applicable permitting authority to construct, reconstruct, alter, or move any building or structure on any property within the RIO District without the approval of a RIO Development Plan unless exempt under subsection F of this section.
A. Intent: At the time of the creation of the RIO District, a significant area within the district has pre-existing development and uses that would frustrate the application of traditional "planned development" tools. Accordingly, the RIO Development Plan process is designed to coordinate planning and zoning review so as to accommodate incremental changes to existing buildings and uses. It also may be used by applicants proposing major or phased development proposals over an extended period of time. The Village anticipates that users in the RIO District will, through long range planning and public engagement, work cooperatively to further the public benefits of proposed development outside of this regulatory process.
B. Application Requirements: The application requirements for a RIO Development Plan review shall be the same as those required for design review pursuant to subsection 10-2C-6 of this title. Upon request, the Building Commissioner may exempt an applicant from including in its application any required items if the Building Commissioner determines that a required item is not applicable or necessary for the consideration of the application. In addition, the Building Commissioner and any reviewing body may request additional information necessary to evaluate the standards set forth herein. Without limitation, this may include the submittal of traffic and parking studies by a qualified professional to ascertain the trip generation and parking demand that would be created by a proposed use or development.
C. Procedure: The procedure and public notice requirements for RIO Development Plan review shall be the same as required for site plan review pursuant to subsections 10-2-8B and C of this title, except that references to the Architectural Board of Review in subsections 10-2-8B and C of this title shall be deemed references to the Joint Plan Commission and Zoning Board of Appeals.
D. Standards: No RIO Development Plan shall be approved by the Board of Trustees, and the Joint Plan Commission and Zoning Board of Appeals shall not recommend approval of, a RIO Development Plan unless the applicant shall establish that the RIO Development Plan meets the following standards, as each may be applicable:
1. General Standard: Development in accordance with the RIO Development Plan will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.
2. Land Use Policy: Development in accordance with the RIO Development Plan is consistent with the general and specific purposes and requirements of this title, the RIO District, and the Village's Comprehensive Plan.
3. Public Facilities: The property, development in accordance with the RIO Development Plan, will be adequately served by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, and refuse disposal; or the applicant shall provide adequately for such services as a condition of approval.
4. Traffic And Parking: Development in accordance with the RIO Development Plan would generate traffic demand compatible with surrounding uses and road classifications. The RIO Development Plan provides adequate ingress and egress in a manner that minimizes traffic congestion and provides adequate and appropriate parking, access to adjacent properties, and access for emergency vehicles.
5. Landscape And Open Space Buffering: The RIO Development Plan provides for landscaping, public open space, and other buffering features to minimize the visual impact of the development and to protect uses within the development and surrounding properties.
6. Pedestrian And Bicycle Access And Circulation: The RIO Development Plan provides for efficient and comprehensive pedestrian-friendly movement, as well as efficient and comprehensive bicycle access and circulation.
7. Sensitive Areas And Features: The RIO Development Plan protects culturally sensitive areas and features; historic areas and features; and sensitive natural, scenic, and ecological areas features such as ravines, wetlands, and bluffs.
E. Authority To Modify Regulations: The Board of Trustees, as part of the approval of any RIO Development Plan, may modify or waive any provision of this Code or of the Village's subdivision ordinance as they apply to the approved RIO Development Plan ("deviations"), so long as the Board of Trustees finds that the deviations:
1. Will achieve the purposes for which the RIO Development Plan may be approved pursuant to section 10-16-1 of this chapter;
2. Will not violate the general purposes, goals, and objectives of this Code and the Village's Comprehensive Plan;
3. Will result in a development providing amenities to the Village that may not be otherwise required under this chapter or other applicable Village codes and ordinances, including without limitation such things as public art; plazas; pedestrian walkways; natural habitats; increased landscaping; buffering or screening; enhanced streetscape; enhanced pedestrian and transit supportive design; underground parking; and similar features. If applicable, the proposed use for the property may itself be considered a compensating amenity when the proposed use is one that is open to the public and provides a benefit to the community as a whole.
No finding of hardship or a unique condition by the Board of Trustees is necessary for the approval of a deviation of any provision of this Code or of the Village's subdivision ordinance.
F. Exemptions: Notwithstanding the provisions of this section, the following activities shall not require RIO Development Plan approval, except where: 1) deviations from this title are necessary to proceed as provided in subsection E of this section or 2) where the activities would result in a "substantial change" as that term is defined in section 10-16-9 of this chapter:
1. Maintenance to or repair of existing improvements, including, without limitation, any repainting, resurfacing; resealing; restriping; or repaving of existing improvements.
2. Within an existing park, the addition, re-arrangement, or reconfiguration of playground equipment, recreational equipment, or open air shelters with sides no more than fifty percent (50%) enclosed, provided that said activity does not increase the extent of any encroachment upon a residential buffer yard required by this chapter.
3. Changes to landscaping, except where doing so would reduce the landscape screening provided within a residential buffer yard required by this chapter.
Exception: The removal of Class D trees or any exotic and invasive species, as those terms are defined in chapter 11 of this title, shall not be considered as a reduction in landscape screening.
4. The addition or reconfiguration of walking trails, paths, and other similar amenities for bicyclists and pedestrians, provided that such improvements do not encroach upon a residential buffer yard required by this chapter.
5. Changes to signage subject to review by the Architectural Board of Review pursuant to chapter 10 of this title.
6. The reconstruction or reduction of the size of a building within the existing footprint of the building, or alterations to the interior of an existing building.
7. The modification or alteration of the facade of a building.
8. An increase to the footprint or size of an existing building or the construction or expansion of an accessory structure, provided such increase does not qualify as a "substantial change", as that term is defined in section 10-16-9 of this chapter.
9. Other changes of comparable or lesser significance. (Ord. 2019-2, 1-28-2019; amd. Ord. 2022-38, 12-12-2022)