The applicant may proceed with development only after approval of the Conditional District General Concept Plan by Village Council, followed by approval of any necessary Site Plans or Subdivision Plats, except that all subsequent approvals shall be completed by the Village Planner. The development and use of all land within the Conditional District shall be in keeping with the approved General Concept Plan and all applicable provisions therein.
(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 Conditional District General Concept Plan. Each completed phase shall comply with the minimum standards of this ordinance where practical.
(B) Substantial Changes: Any substantial change to an approved General Concept Plan as noted below shall be reviewed by the Planning and Zoning Board and approved or denied by the Village Council as an amended Conditional District. The following changes to a CD General Concept Plan shall require approval by the Village Council:
(1) Land area being added or removed from the Conditional District.
(2) Modification of special performance criteria, design standards, or other requirements specified by the enacting ordinance.
(3) A change in land use or development type beyond that permitted by the approved General Concept Plan.
(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 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 that 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 like replacements of materials or planting stock.
(9) When open space is decreased or impervious area is increased.
(10) When 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 CD General Concept Plan shall receive approval by the Village Planner. However, if in the judgment of the Village Planner, the requested changes alter the basic development concept of the CD, the Village Planner may require concurrent approval by the Village Council following the same process as the original Conditional District approval.
(D) Revocation of Conditional Districts
(1) The Applicant shall secure a valid building or development permit(s) within two (2) years from date of approval of the Conditional District unless otherwise specified. If such project is not complete or a valid building or development permit is not in place at the end of the two (2) year period, the Village Planner shall notify the applicant of either such finding. Within sixty (60) calendar days of notification, the Village Planner shall make a recommendation concerning the revocation of the Conditional District to the Village Council. The Village Council may then revoke the Conditional District, or extend the life of the Conditional District for a specified period of time. The revocation of a Conditional District shall follow the same procedure as was needed for approval as outlined in Chapter 6. Upon revocation the subject property zoning shall revert back to its previous zoning classification.
(2) If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, or if the applicant should fail to comply with any condition, the project shall be remanded back to the Village Council for a new proceeding.