(A) Procedure. Except as established by this section, the procedures and requirements for filing, review and approval of a preliminary development plan shall be the same as those set forth for preliminary plats in the Subdivision Code.
(B) Criteria for approval. The developer shall follow procedures set forth in §§ 154.100 and 154.101 of the Subdivision Code for approval of preliminary plats in obtaining approval of preliminary development plans. The proposed development must comply with the applicable zoning district regulations. If unique characteristics of the site or other factors would require a variance from the district regulations that apply, then the Planning Commission may recommend and the Board of Trustees may permit modification from the underlying district regulations using the Planned Development procedures and performance standards as provided for in §§ 156.115 through 156.130 of this chapter. If the Board of Trustees imposes conditions or restrictions in a preliminary development plan, it may designate specific requirements that must be met before an applicant may submit a final development plan application. In considering any preliminary development plan application, the Planning Commission and the Board of Trustees may consider the criteria stated below, to the extent they are pertinent to the particular application:
(1) Satisfaction of the conditions and requirements applicable to the requested use(s), as set forth in this chapter.
(2) The criteria governing the zoning of the property, as set forth in the standards and requirements found elsewhere in the zoning chapter or in other applicable law.
(3) Development is designed, located, and proposed to be operated so that the public health, safety and welfare will be protected.
(4) That an identified community need exists for the proposed use.
(5) Development will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use, enjoyment, or value of neighboring properties.
(6) Development incorporates, as approved by the village, adequate ingress and egress and an internal street network that minimizes traffic congestion.
(7) The capability of the site to accommodate the building, parking, and drives with appropriate open space and safe easy ingress and egress.
(8) The degree of compatibility between the architectural design and quality of the proposed building and the surrounding neighborhood.
(9) The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.
(10) Development incorporates standards and principles as may be adopted by the village in its Comprehensive Plan or adopted development regulations.
(C) Development plan in rezoning ordinance. If the preliminary development plan application was submitted with an application to change the zoning district category, any development plan approved through the hearing process, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property.
(D) Modification of zoning map. Any approved preliminary development plan requiring a change in zoning classification shall be reflected on the Zoning Map as an amendment to the District by designation “P” along with the ordinance number of the approved plan.
(E) Duration of validity. The approved preliminary development plan shall specify the duration of its validity, but in no event shall an approved preliminary development plan be valid for a period longer than 12 months from the date of such approval. The Board of Trustees may grant one extension not exceeding 12 months upon written request. The approval of a revised preliminary development plan shall not automatically extend the time period during which the preliminary development plan is valid.
(`92 Code, § 40-2-8) (Ord. 00-11, passed 7-5-00)