A. Authority: Subject to the standards and limitations in this section, the Board of Trustees, as part of an approval of any PMD, may modify any provision of this chapter or of the Village's subdivision ordinance as they apply to an approved PMD, subject to the limitations in this section.
B. Standards: No such modification may be approved unless the Board of Trustees shall find that the proposed PMD:
1. Will achieve the purposes for which PMD may be approved pursuant to section 10-15-1 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.
C. Other Limitations: In granting any PMD approval pursuant to this chapter, the Board of Trustees shall in no event:
1. Make less stringent any performance standard relating to noise, vibration, smoke and particulate matter, odors, toxic and noxious matter, radiation hazards, fire and explosive hazards, or heat or glare, that is applicable in the district in which the development is to be located or applicable to the particular use by reason of the regulations applicable in any district in which it might be located; or
2. Reduce the minimum total lot area requirement by more than fifty percent (50%). This limitation does not apply to any minimum lot area per unit requirement.
3. Allow for the maximum height of any building or structure within the PMD to exceed thirty feet (30') in height or to exceed two (2) stories, except pursuant to and in conjunction with an application for and approval of a variation from subsection 10-15-3C of this chapter in accordance with the variation procedures set forth in section 10-2-4 of this title.
D. Regulation During And After Completion Of Development: After a Final Plan has been approved, that approved plan will constitute the regulations applicable to the subject property, rather than any conflicting provision of this title. No use or development not authorized by the approved plan will be permitted within the planned mixed-use development. (Ord. 2016-23, 9-12-2016)