Lake Bluff City Zoning Code
CHAPTER 16
RECREATIONAL, INSTITUTIONAL, AND OPEN SPACE DISTRICT RIO
10-16-1: PURPOSE:
The intent of this chapter is to adopt regulations and procedures specifically tailored to reflect and be consistent with: a) the unique use and form considerations of public amenities as well as community and governmental functions, and b) the often highly specific needs of such uses as to location, intensity of use, and massing, which regulations may be modified pursuant to the terms of this chapter if they impose unnecessary rigidities on the proposed development or redevelopment of a parcel or parcels of land that require an individual, planned approach.
The Recreational, Institutional, and Open Space District (the RIO District) promotes the efficient use of land with a flexible set of regulations that meet these highly specific needs in a manner that is intended to achieve and balance the objectives of:
A. Maximizing the predictability of land use and public benefits as a result of the development and use of property;
B. Providing public amenities including schools, parks, open space, and recreational facilities;
C. Enhancing the character and vitality of RIO District properties in harmony with adjacent uses and residential neighborhoods;
D. Preserving natural, cultural, and historic features;
E. Minimizing the regulatory time and expense burden on the property owner; and,
F. Facilitating development in harmony with the Village's Comprehensive Plan. (Ord. 2019-2, 1-28-2019)
10-16-2: PRIOR ZONING RELIEF IN THE RIO DISTRICT:
A. Continued Effect: Any applicable conditions of a prior variation, special use permit, or other zoning relief previously granted to property in the RIO District shall remain in full force and effect, even when the prior authorized use no longer requires a special use permit or when the prior improvements would not require zoning relief under the regulations of the RIO District.
B. Changes: Where the approval of a RIO Development Plan, pursuant to section 10-16-7 of this chapter, conflicts with the conditions of prior zoning relief, the terms of the RIO Development Plan approval shall prevail. Additionally, a property owner subject to the conditions of prior zoning relief may, in conjunction with an application for RIO Development Plan, request termination of, amendments to, or restatements of these prior conditions. (Ord. 2019-2, 1-28-2019)
10-16-3: PERMITTED AND SPECIAL USES:
No building or lot shall be used within the RIO District for any purpose other than those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2019-2, 1-28-2019)
10-16-4: BULK REGULATIONS:
The following bulk regulations shall apply to all principal and accessory structures within the RIO District:
A. Front And Rear Yards: Each front and rear yard shall have a minimum depth of ten percent (10%) of the depth of the lot; but in no case shall a required front or rear yard be less than twenty feet (20') or greater than fifty feet (50').
B. Side Yards: Each side yard shall have a minimum depth of ten percent (10%) of the width of the lot; but in no case shall a required side yard be less than twenty feet (20') or greater than fifty feet (50').
C. Highway Buffer Yards: In addition to any other yards required by this section, where any lot abuts upon a U.S. or State public highway, there shall be a minimum setback from any such highway of not less than one hundred feet (100') for each side bordering or abutting on such highway.
D. Residential Buffer Yards: In addition to any other yards required by this section, whenever property in the RIO District abuts residentially zoned property, a yard with a minimum depth of thirty feet (30') shall be provided from each lot line bordering or abutting such residentially zoned property.
E. Height: No building or structure in the RIO District shall exceed thirty feet (30') in height, nor shall any building or structure in the RIO District exceed two (2) stories.
F. Lot Coverage: The maximum ground area occupied by all buildings, including accessory buildings, shall be not more than thirty percent (30%) of the area of the lot. (Ord. 2019-2, 1-28-2019)
10-16-5: PARKING:
A. Parking Regulations: The regulations for parking in the RIO District shall be identical with regulations in the CBD Central Business District (CBD) set forth in subsections 10-6A-8A through C of this title.
B. Minimum Required Spaces:
1. For Specified Uses: For the following uses, the following minimum number of on-site parking spaces shall be provided:
Churches, houses of worship, and other assembly spaces | 1 space per 6 seats in the main auditorium or largest room in the building, whichever is greater |
Recreation: | |
Indoor participatory (e.g., community centers) | 1 space per 3 occupants of area used by participants or per 3 maximum number of likely participants at any one time, whichever is less |
Outdoor participatory (e.g., tennis courts, swimming pools) | 2/3 of the maximum number of participants at any one time |
Outdoor passive (e.g., playgrounds, trails, shelters) | No minimum |
Schools and day cares | 1 space per employee |
"Occupants" shall refer to the maximum legal occupancy permitted pursuant to the Village's building regulations set forth in title 9 of this Code.
"Maximum number of participants" is calculated based on the maximum number of participants likely to participate in the activity, as determined by the Building Commissioner. For example, basketball is typically played with two (2) teams of five (5) players. Therefore, the maximum number of participants is likely to be ten (10) at any one time for a full-size basketball court. As a further example, doubles tennis is played by four (4) players. Therefore, the maximum number of participants is four (4) at any one time for a tennis court. The Building Commissioner shall not factor in spectators and substitute players in establishing the maximum number of participants, but the Village may consider spectators, substitute players, and other likely users of a property when considering whether to require additional minimum parking spaces as provided elsewhere in this section.
2. For All Other Uses: For all other uses not herein defined, there shall be a parking area of sufficient size to provide not less than one parking space for each six hundred (600) square feet of the total floor area of any building or buildings, including all accessory buildings erected on the lot.
3. Fractional Spaces Excluded: Where determination of the number of required parking spaces results in the requirement of a fractional space, any fraction shall not be included in calculating the minimum number of required parking spaces.
4. Uses In Bluffs And Ravines Excluded: That portion of any use which lies within a bluff protection area or a ravine protection area shall not be included in calculating the minimum number of required parking spaces.
5. Credit For Street Parking: The number of minimum spaces required pursuant to this section shall be reduced by the number of lawful parking spaces available on the public street adjacent to the site and not adjacent to any residential buffer yard.
6. Imposition Of Additional Minimum Parking: Notwithstanding anything contained in this title to the contrary, if the parking requirements of any use in this district exceeds the ratios as hereinbefore defined, additional parking spaces shall be provided on the lot on which the use is situated. As a condition of RIO Development Plan approval pursuant to section 10-16-7 of this chapter, the Village may require more on-site parking spaces than may otherwise be required pursuant to this section to insure that there is adequate on-site parking to minimize traffic and parking congestion on the public streets.
7. Existing Parking Non-Conformities: Notwithstanding anything contained in this chapter to the contrary, the legal non-conforming status of any deficiency in the required minimum number of parking stalls shall be protected unless, as a component of RIO Development Plan approval, the Village determines a new use, or an increase in the intensity of an existing use, will generate additional parking demand above that previously existing upon the site. (Ord. 2019-2, 1-28-2019)
10-16-6: PERFORMANCE STANDARDS:
The performance standards in the RIO District shall be identical with the performance standards for the L-1 Light Industrial District as set forth in section 10-7A-7 of this title. (Ord. 2019-2, 1-28-2019)
10-16-7: RIO DEVELOPMENT PLAN REVIEW:
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)
10-16-8: EFFECT OF RIO DEVELOPMENT PLAN APPROVAL:
A. A RIO Development Plan approval shall be effective for a period of five (5) years from approval or an approval of an amendment thereto, provided that the Village Board may extend such approval for an additional five (5) years upon a request from an applicant provided that the Village Board finds that the RIO Development Plan still satisfies the standards set forth in subsection 10-16-7D of this chapter.
B. Except for any approvals required pursuant to section 10-16-9 of this chapter, upon approval of a RIO Development Plan, a property owner may develop its property in accordance with an approved RIO Development Plan without seeking additional zoning approvals provided that such development does not require additional deviations or variations from this title or subdivision ordinance. (Ord. 2019-2, 1-28-2019)
10-16-9: AMENDMENTS TO APPROVED RIO DEVELOPMENT PLAN:
A. Substantial Change:
1. For purposes of this section, the following changes in character of any approved RIO development shall be "substantial changes":
a. A change in the land uses on the subject property;
b. An increase in the height of buildings on the subject property;
c. An increase by more than two percent (2%) in floor area or building square footage;
d. An increase by more than two percent (2%) in the size of approved building pads;
e. A reduction of more than two percent (2%) in approved common open space;
f. A substantial increase in the traffic volume generated by, or traffic circulation of, the proposed RIO development;
g. A reduction in the number of off-street parking or loading spaces below the minimum required pursuant to section 10-16-5 of this chapter;
h. Any change that, in the opinion of the Village Administrator, would constitute a significant modification to the provision of public utilities to the subject property; or
i. Any change for which a variation, modification, or a waiver from any provision of this title would otherwise be required.
2. No substantial change to an approved RIO development may be implemented except upon the adoption of an amendatory ordinance by the Village Board, which amendatory ordinance may be adopted only after a public hearing by, and recommendation of, the Joint Plan Commission and Zoning Board of Appeals, in the same manner, and subject to the same standards, as an application for a new RIO Development Plan approval pursuant to section 10-16-7 of this chapter.
B. Minor Change: The Village Administrator may approve changes to an approved RIO development that do not, in the sole and absolute discretion of the Village Administrator, constitute a "substantial change" to the RIO development, in accordance with the following procedure:
1. The Village Administrator may approve the proposed minor change upon making a finding that the change is consistent with the intent and purpose of the approved RIO Development Plan.
2. The Village Administrator shall notify the Village Board of the approval of a minor change within seven (7) days thereof.
3. Within forty five (45) days of its receipt of the notice submitted by the Village Administrator, the Village Board shall either: a) ratify the Village Administrator's approval of the minor change, by resolution duly adopted, or b) deny the minor change. Any minor change denied by the Village Board pursuant to this subsection B may be reclassified as a "substantial change" and approved in the same manner, and subject to the same standards, as an application for a new RIO Development Plan approval.
4. The failure of the Village Board to ratify or deny a minor change within sixty (60) days of the date of receipt of notice thereof shall be deemed a ratification of the minor change.
C. Nothing in this section shall be deemed or interpreted as obligating the Village to grant any requested changes or amendments to an approved RIO Development Plan. (Ord. 2019-2, 1-28-2019)
10-16-10: COORDINATION OF DESIGN REVIEW:
All properties in the RIO District are subject to design review by the Architectural Board of Review pursuant to section 10-2C-6 of this title. Where RIO Development Plan review is also required pursuant to section 10-16-8 of this chapter, these reviews shall be coordinated and acted upon concurrently by the Village Board of Trustees. (Ord. 2019-2, 1-28-2019; amd. Ord. 2022-38, 12-12-2022)
10-16-11: FEES:
The fees, if any, to be collected by the Village in exchange for its performance of RIO Development Review or ABR design review for any property in the RIO District shall be set by the Village Board of Trustees in the Village's comprehensive fee schedule, codified as section 1-12-3 of this Code. (Ord. 2019-2, 1-28-2019; amd. Ord. 2022-38, 12-12-2022)