A. Authority: Subject to the standards and limitations in this Section, the Village Board, as part of an approval of any PRD, may modify any provision of this Title, including this Chapter, or Title 11 of this Code, as they apply to a PRD, subject to the limitations in this Section.
B. Standards: No modification may be approved unless the Board of Trustees finds that the proposed PRD:
1. Will achieve the purposes for which a PRD may be approved pursuant to Section 10-17-1 of this Chapter;
2. Will not violate the general purposes, goals, and objectives of this Code and the Village’s Comprehensive Plan; and,
3. Will result in a development providing Public Benefits to the Village that are not otherwise required under this Code, as described in Section 10-17-6.
C. Height Modifications: In addition to the standards set forth in Section 10-17-8.B, the Village Board will also consider the following additional standards prior to granting a modification to the maximum building height regulations:
1. Where the structure is located on the site and its proximity to nearby structures or uses;
2. The overall size of the PRD development, given that allowing additional building height, particularly for multiple-unit dwelling buildings on a small site, may be more impactful to adjacent properties; and
3. The overall mix of dwelling types in the development.
D. Other Limitations: In granting any modification pursuant to this Section, the Village Board 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. Allow for a density that exceeds the total number of units allowed for the PRD (as set forth in Section 10-17-5.A) unless all of the following standards are met:
a. The proposed development meets standards for approval of a PRD set forth in Section 10-17-7.D.3.
b. The proposed development meets standards for a special use set forth in Section 10-2C-3.E.
c. The total number of dwelling units does not exceed 125 percent of the total dwelling units allowed in Section 10-17-5.A, rounded to the nearest whole dwelling unit.
3. Allow the height of a single-family dwelling to exceed 40 feet. (Ord. 2022-30, 10-24-2022; amd. Ord. 2022-38, 12-12-2022)