After the approval of the final Planned Unit Development plat by the Village Board, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans, rather than by any other provisions of the zoning ordinance. Any changes, modifications or alterations to the approved final Planned Unit Development plat shall be considered either a minor or a major modification.
(A) No changes may be made to the approved final Planned Unit Development plat unless approved by the village. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the Village Administrator, or designee, as follows:
(1) Minor changes. Minor changes to the final PUD plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the Village Administrator, or designee if the proposed modification does not result in any of the following:
(a) An increase or decrease in overall density greater than 5%.
(b) An increase or decrease in the mixture of residential dwelling unit types greater than 5%.
(c) An increase or decrease in area for any land use or land use mixture greater than 5%.
(d) An increase or decrease in total number of parking spaces greater than 5%.
(e) Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in § 157.250 (Development Standards and Design Criteria).
(f) Any significant changes in building layout, orientation or height of buildings.
(g) A change in the functional classification of a roadway.
Minor changes not approved by the Village Administrator may be appealed by the applicant or property owner to the Village Board without review and recommendation by the Planning and Zoning Commission, unless the Village Board refers the request for a minor change to the Planning and Zoning Commission for review and recommendation.
(2) Major changes. Major changes to the final PUD plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the final PUD plat shall be subject to review and recommendation by the Planning and Zoning Commission with final approval or denial determined by the Village Board.
(B) Application for PUD modification or changes. For any modifications or changes resulting in an amendment to an approved final PUD plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following:
(1) The title of the plat shall indicate the nature of the change.
(2) If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than 45 days before the Planning and Zoning Commission meeting.
(C) Notice for major changes to PUD plat. The notice for a major change to an approved final PUD plat shall conform to the requirements of § 157.247.
(D) All approved major or minor changes to an approved final PUD plat shall be recorded with the county and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD, as set forth therein.
(Ord. 97-19, passed 9-2-1997; Am. Ord. 06-03, passed 2-6-2006; Am. Ord. 14-27, passed 9-15-2014)