1267.12  DEVIATIONS FROM APPROVED FINAL PUD SITE PLAN.
   Deviations from the approved final PUD site plan may occur only under the following conditions:
   (a)   An applicant or property owner who has been granted final PUD site plan approval shall notify the Building Official of any proposed amendment to such approved site plan or PUD conditions.
   (b)   Minor changes may be approved by the Village Building Official upon certification in writing to the Planning Commission that the proposed revision does not alter the basic design nor any conditions of the plan imposed upon the original approval, by the Planning Commission. In considering such a determination, the Building Official shall consider the following to be a minor change:
      (1)   For residential buildings, the size of structures may be reduced, or increased by five percent provided that the overall density of units does not increase.
      (2)   Square footage of non-residential buildings may be decreased, or increased by up to five percent or 10,000 square feet, whichever is smaller;
      (3)   Horizontal and/or vertical elevations may be altered by up to five percent;
      (4)   Movement of a building footprint by no more than ten feet as long as required setbacks are not compromised;
      (5)   Designated "Areas not to be disturbed" may be increased;
      (6)   Plantings approved in the final PUD landscape plan may be replaced by similar types of landscaping on a one-to-one or greater basis;
      (7)   Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.;
      (8)   Changes of building materials to another of higher quality, as determined by the Building Official;
      (9)   Changes in floor plans which do not alter the character of the use;
      (10)   Slight modification of sign placement or reduction of size;
      (11)   Relocation of sidewalks and/or refuse storage stations;
      (12)   Internal rearrangement of parking lots which do not affect the number of parking spaces or alter access locations or design;
      (13)   Changes required or requested by the Village for safety reasons shall be considered a minor change.
   (c)   Should the Building Official determine that the requested modification to the approved final PUD site plan is not minor or if a change in land use has occurred which is different than land uses previously approved, resubmittal to the Planning Commission shall be necessary and new public hearing and notification under Section 1267.08 shall be required.
   (d)   Should the Planning Commission determine that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required.
   (e)   Any deviation from the approved PUD site plan, except as authorized in this section, shall be considered a violation of this chapter and treated as a violation subject to Chapter 1242.  Further, any such deviation shall invalidate the PUD designation.
(Ord. 106A-85.  Passed 4-9-14.)