Review of development plans shall be conducted in compliance with the following:
(a) Development Plan Review Required. A Development Plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, and signs shall be required for the following:
(1) New construction of all permitted and conditional uses, buildings and structures in a Park, Commercial, Industrial, or Mixed Use Zoning District.
(2) New construction of a nonresidential use, building, or structure in the R-1 Residential District.
(3) Any nonresidential existing or previously approved development that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use.
(4) Any change to a non-conforming use, building or lot.
(5) Exceptions. A change of occupancy in an existing structure, or on a previously approved Development Plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the Development Plan review procedures.
(b) Pre-Application Meeting Encouraged. The applicant is encouraged to meet with the Village administration prior to submitting an application for Development Plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose of this Code, the criteria and standards contained within, and the review schedule. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the Development Plan.
(c) Plan Review Procedures. Plans shall be reviewed and distributed according to the following procedures:
(1) Application Submitted. An application for Development Plan review shall include all such forms, plans, and information as may be prescribed for that purpose by the Zoning Inspector to ensure the fullest practicable presentation of the facts.
(2) Simultaneous Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 1111 of this Planning and Zoning Code. Development Plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(3) Review for Completeness. The Zoning Inspector shall review the submitted application for completeness according to Section 1107.02.
(4) Review by Village Engineer and Others. When the Zoning Inspector determines that the application is complete, the Zoning Inspector shall forward the application to the Village Engineer. The application may be transmitted to additional appropriate administrative departments, and professional consultants for review and comment. Any reports, comments, or expert opinions shall be compiled by the Zoning Inspector and transmitted to the Planning Commission prior to the time of the Commission's review.
(5) In their review of an application the Planning Commission or Zoning Inspector may request that the applicant supply additional information deemed necessary to adequately review and evaluate the proposed development.
(d) Action by Planning Commission.
(1) The Planning Commission shall review the Development Plan according to the criteria in Section 1107.08.
(2) Following its review of a Development Plan, the Planning Commission shall:
A. Approve the Development Plan as submitted; or
B. Approve the Development Plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
C. Deny the Development Plan when the application does not demonstrate that the required standards have been met; or
D. If a Development Plan is found to not be in compliance with this Code, the Planning Commission may recommend revisions to be made by the developer and postpone action on the Development Plan until the next scheduled Planning Commission meeting.
(3) The Village shall promptly furnish the applicant with its decision on the Development Plan.
(4) Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.
(e) Re-application after Denial. The Zoning Inspector shall accept no re-application for a Development Plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee. If an application is denied as a result of sub-section 1107.07(d)(4), Failure of the Planning Commission to Act, the Zoning Inspector shall accept a re-application for Development Plan review that has not been revised from the previous submittal.
(f) Issuance of Zoning Permit. The Zoning Inspector may issue a Zoning Permit pursuant to Section 1107.05 after a Development Plan is approved, or approved with conditions, by the Planning Commission, provided that all other requirements of all other applicable Village codes related to the issuance of a Zoning Permit are satisfied, including the following:
(1) In the event the application includes the construction of required physical improvements located within the public rights-of-way or easements the applicant shall execute and deliver to the Village a security approved by the Village Engineer in the amount of the estimated cost of the required physical improvements as determined by the Village Engineer. The security shall provide for completion of all work within a time specified to be determined by the Village Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the Development Plan or the installation of improvements as required by this Zoning Code shall not obligate the Village to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(Ord. 19-10. Passed 11-7-19.)