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)