No changes may be made in the approved final plan, except upon application to the village, according to the following provisions.
(A) During construction. During the construction of the planned unit development, the procedure shall be as follows:
(1) Minor changes. Minor changes, as required by engineering or other physical site circumstances not foreseen at that time that the final plan was approved, and verified by the Village Engineer, may be authorized by the Zoning Administrator, who shall reserve to the right to forward any requests for changes to the Village Board. Any item listed in division (A)(2)(c) below shall not be considered a minor change. Any changes to the final plan must be recorded as amendments to the planned unit development ordinance. If changes are allowed in a final site plan, then a new site plan reflecting such changes must be filed with the village noting the date of the changes.
(2) Major changes.
(a) Major changes are those changes that substantially affect the basic design, density or bulk of the development. All changes in land use, building height or density, or in the design, density or bulk of the development shall be considered a major change, and must be approved by the Village Board as an amendments to the planned unit development ordinance.
(b) The Planning and Zoning Commission shall review the request for a major change at a public hearing within 60 days of receipt of a request. If, in the Planning and Zoning Commission judgment, the application does not contain sufficient information to enable the Planning and Zoning Commission to properly discharge its responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information and/or the public hearing continued. Within 60 days of the close of the public hearing, the Planning and Zoning Commission shall recommend either approval or denial of the request for a major change, and submit its written recommendation to the Village Board. The Village Board, after receipt of a recommendation from the Planning and Zoning Commission, shall approve, approve with modifications or deny the request for a major change within 60 days following the receipt of the recommendation of the Planning and Zoning Commission. The Village Board may also decide that the request for a major change is so significant that it must be considered a new planned unit development application and should be resubmitted as such.
(c) Major changes shall include, but are not limited to, the following:
1. A change in the number of dwelling units, the gross floor area of the development, or the gross floor area devoted to any particular use.
2. A change in building height.
3. An increase in building coverage of more than 5% than that approved in the final plan (for example, an increase from 25% coverage to 30% coverage). Any building coverage increase above that permitted by this chapter shall be considered a major change.
4. A decrease in open space.
5. A change in the location of any open space in any manner that detracts from its intended function in the previously approved plan.
6. A change in excess of five feet in the location of walkways, vehicle circulation ways and parking areas, or exterior building or structure walls.
7. A change in the location and arrangement of land uses within the development as shown on the previously approved final plan.
8. A change or relocation of rights of way shown on the approved final plan in any manner or to any extent that decreases their functionality, adversely affects their relation to surrounding land use and rights-of-way elements, or reduces their effectiveness as buffers or amenities.
9. An alteration, whether an increase or decrease, in the amount of any land use in any stage of the development by more than 10% or a change in the overall final approved and use mix.
10. A reduction in the number of parking spaces or an increase of more than five parking spaces. An increase of up to five spaces shall be considered a minor change.
11. A change to the landscape plan that results in a reduction in the net amount of plant material. Changes to the landscape plan, which do not result in a reduction in the net amount of plant material, a change in species or do not violate the landscaping requirements of this chapter, shall be considered a minor change.
(B) After construction. After the completion of construction of the planned unit development, all changes to the final plan must be made by the Village Board under the procedure authorized for a special use (§ 153.058). Upon review of the proposed changes, the Zoning Administrator and/or Village Board may determine that the proposed changes to the planned unit development constitute a new application and must be resubmitted as a new planned unit development application in accordance with this subchapter.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)