4.5.8   Changes to Terms and Conditions of Approval
   Any changes to the terms or conditions of approval of the special use shall require separate review by the Village and approval of a new special use permit by the Village Council if the changes are considered to be major. Any application for approval of such a change shall be filed, processed, reviewed, and approved or denied in the manner set forth in this Section.
   (A)   Approval of Phasing: Proposed phases of development shall be shown on the General Concept Plan. Each phase of development shall adhere to all applicable provisions and standards of this section and the applicable Special Use General Concept Plan. Each completed phase shall comply with the minimum standards of this ordinance where practical and any conditions attached to the special use permit.
   (B)   Major Changes: Any major change to an approved General Concept Plan as noted below shall be reviewed and approved or denied by the Village Council as an amended Special Use Permit. The following changes to a Special Use General Concept Plan are considered major, and shall require approval by the Village Council:
      (1)   When land area being added or removed from the Special Use Permit.
      (2)   When modification of special performance criteria, design standards, or other requirements specified by the special use permit are being made.
      (3)   When a change in land use or development type beyond that permitted by the approved special use permit is being made.
      (4)   When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
      (5)   When there is an increase in the total number of residential dwelling units originally authorized by the approved General Concept Plan.
      (6)   When the total floor area of a commercial or industrial classification is increased by more than ten percent (10%) beyond the total floor area last approved by Village Council.
      (7)   When the total height of a structure is increased more than ten percent (10%) beyond the total height last approved by the Village Council.
      (8)   When perimeter buffers and shown perimeter landscape areas are modified in any way except for replacements of like materials, like planting stock or increasing the buffer widths.
      (9)   When open space is decreased or impervious area is increased by more than five percent (5%).
      (10)   When, in the opinion of the Village Planner, the proposed change has a discernible impact on neighboring properties, the general public, or those intended to occupy or sue the proposed development.
   (C)   Additional Changes: All other changes to a Special Use General Concept Plan shall receive approval by the Technical Review Committee and the Village Planner. However, if in the judgment of the Village Planner, the requested changes alter the basic development concept of the Special Use Permit, the Village Planner may require concurrent approval by the Village Council following the same process as the original Special Use approval.
(Ord. 14-35, passed 09-24-2014)