A. No development of twenty thousand square feet or more of land area or gross floor area and no multi-family housing of any size shall be permitted unless approved as a planned development in accordance with this chapter. Provided, however, that: 1) this chapter shall not apply to the construction, reconstruction or remodeling of one single- family detached dwelling unless the proposed project is submitted pursuant to subsection B of this section, and 2) this chapter shall not apply to the reconstruction or restoration of any existing structure which is damaged to the extent of less than fifty percent of its value unless the proposed project is submitted pursuant to subsection B of this section.
The reconstruction or restoration of any existing multi- family housing which is damaged to the extent of fifty percent or more of its value shall be governed by this chapter and not subsection 10-5-7A2 of this title.
B. The development of any parcel or tract of land in any zoning district, irrespective of size, may be submitted to the village for consideration as a planned development.
C. Approval of a planned development permit must be obtained in accordance with the provisions of this section if both of the following conditions exist:
1. The proposed development involves a parcel of land held in common ownership with a contiguous parcel which obtained approval as a planned development within three years prior to the date of this application; and
2. The parcel proposed for development, when combined with the contiguous parcel that is held in common ownership with the subject parcel, equals or exceeds the general provisions contained in subsection A or B of this section.
D. Each planned development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a development upon an already existing planned development except to the extent such development has been approved as part of a master plan.
E. The burden of providing evidence and persuasion that any planned development permit is necessary and desirable shall in every case rest with the applicant.
F. Buildings and uses or combination of uses within a planned development shall be limited solely to those approved as part of this title granting a planned development permit provided, however, that any buildings and uses or combination of uses in compliance with the master plan approved as part of this title granting a planned development permit may be approved by the Development Review Board and the Village Board of Trustees.
G. Any applicant shall be subject to a penalty of up to seven hundred fifty dollars per day to be assessed against the applicant and recorded as a lien against the applicant's property in the Village for failure to comply with any condition, contingency or master plan submitted by the applicant or imposed by the Village to comply with this chapter. (Ord. 3587, 2-29-2016)