This Section provides miscellaneous provisions regarding the review and approval of Building Zone Developments.
(a) Significance of Approved Preliminary Site Plan. Approval or approval with conditions of the preliminary site plan by the Village Council shall:
(1) Establish the development framework for the project, including, but not limited to, the general location of open space, use areas, densities, unit types, recreational facilities, and street alignments;
(2) Permit the applicant to proceed with detailed planning of the final site plan; and,
(3) Authorize the applicant to apply for all other required regulatory approvals for the project or subsequent phases thereof.
(b) Expiration of Zoning Approval & Cessation of an Approved Project. Given the nature of the Building Zone Development District process and the unique standards simultaneously adopted, the Building Zone Development District designation shall remain valid for one (1) year from the date of Village Council approval. During that time, the applicant shall prepare and submit a final site plan for review.
In the event progress on the BZD is discontinued, an applicant may develop the subject site in conformance with the regulations in Chapter 1141, Single-family Residence District or Chapter 1143, Conservation Development Regulations as well as amend an approved Building Zone Development as provided for in sub-section 1145.09 (d).
(1) For the purpose of this Section, progress shall be considered discontinued when:
A. The final site plan for the BZD, or for the first phase of the BZD, is not submitted within one (1) year after approval by Village Council of the preliminary site plan; or
B. The final site plan for the BZD, or for the latest phase of the BZD, is approved, but construction authorized by such final site plan is not begun within one (1) year after approval of the final site plan; or
C. A final site plan for the BZD is approved, and construction work is discontinued for a period of one (1) year or for a longer period as may be agreed to as part of the BZD zoning amendment.
(2) At any time, the Planning and Zoning Commission may grant an extension to the above stated timeframes for good cause shown.
(c) Zoning and Building Permits. Following the approval of the final site plan, and recording of the final subdivision plat if applicable, the applicant may proceed with the zoning certificate and building permit process, consistent with approval as granted.
(1) After approval of the final site plan, the applicant shall obtain a zoning certificate and a building permit prior to construction.
(2) All construction and development under any building permit shall be in accordance with the approved final site plan, except as may be permitted in Section 1145.09 (d), Modifications to Approved Final Site Plans. Any unauthorized departure from such plan shall be cause for revocation of the zoning certificate or the certificate of zoning compliance, as applicable. All required covenants, easements and restrictions shall be recorded prior to the approval of any construction permit in a location where such covenants, easements, or restrictions are intended to apply. The Village shall require a copy of the recorded document prior to Lake County issuing any construction permit.
(d) Modifications to Approved Final Site Plans. Requested modifications to approved final site plans shall be reviewed according to the following:
(1) Administrative Approval. The Zoning Administrator, in administering the approved final site plan, may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved final site plan.
A. Such modifications shall not allow increases in the density of development.
B. Such modifications shall be limited to:
1. Minor adjustments in lot lines provided no additional lots are created;
2. Minor adjustments in location of building and structure footprints provided the perimeter setbacks, yards and buffers remain in compliance;
3. Minor adjustments in building height(s);
4. Substitution of landscaping materials;
5. Redesigning and/or relocating stormwater management facilities;
6. Redesigning and/or relocating mounds; and,
7. Minor changes in building material that are similar to and have the same general appearance as the material approved on the final site plan.
C. The Zoning Administrator shall report any approved modification to the Planning and Zoning Commission.
(2) Board of Zoning Appeals Approval. Any request for a variation to the development standards text that pertains to an individual one-family detached dwelling on an individual subdivided lot shall be reviewed as a variance according to the regulations set forth in Chapter 1133, Appeals and Variances.
(3) Planning and Zoning Commission.
A. Modifications other than those listed in (1) and (2) above, which do not require changes to the approved preliminary site plan, shall be submitted to the Planning and Zoning Commission in accordance with the review procedures for final site plan review set forth in Chapter 1127. If it is determined that the modifications are compatible with the surrounding development and consistent with the approved preliminary site plan, the Planning and Zoning Commission may approve such change.
B. Modifications other than those listed in (1) and (2) above, which do require changes to the approved preliminary site plan, shall be submitted and reviewed in accordance with the review procedures for a zoning amendment and site plan review as set forth in Section 1145.03, Establishment of Building Zone Development District.
(Ord. 2011-14. Passed 4-9-12.)