[Ord. No. 19-2020, 6-8-2020]
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Figure 90-535-1
Development Plan
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Development plans are required with some property-owner-initiated
Zoning Map amendment applications (rezonings) and are optional with
other property-owner-initiated rezonings. Their purpose is to depict
a property owner's generalized plan for the type, amount and character
of development proposed on the subject property. By providing greater
certainty about development proposals, development plans provide review
and decisionmaking bodies with additional information upon which to
base Zoning Map amendment (rezoning) recommendations and decisions.
[Ord. No. 19-2020, 6-8-2020]
(a)
Mandatory. Development plans are required (mandatory) for M-3
District Zoning Map amendments and Master Plan Development (MPD) Zoning
Map amendments. They are also required for major amendments to existing
planned developments (PDs). In acting on mandatory development plans,
the Plan Commission is authorized to recommend and the Village Board
is authorized to approve use and development limitations that comply
with, are more restrictive than or, as may be permitted by the respective
base district provisions of this zoning chapter, are less restrictive
than the base zoning district regulations and otherwise applicable
regulations of this zoning chapter.
(b)
Optional. Property owners may elect to submit a development
plan with any Zoning Map amendment application. The optional development
plan process is also used to process proposals to provide access to
lots via a private street. In acting on optional development plans,
the Plan Commission is authorized to recommend and the Village Board
is authorized to approve use and development limitations that are
at least as restrictive or are more restrictive than the base district
zoning regulations. Optional development plans may not be used to
obtain relief from otherwise applicable zoning chapter regulations.
[Ord. No. 19-2020, 6-8-2020]
Complete applications for development plan approval must be
filed with the Community Development Director at the same time as
the Zoning Map amendment for the subject property. (Also see the Zoning
Map amendment procedures of Division 90-530.)
[Ord. No. 19-2020, 6-8-2020]
Except as otherwise expressly stated in this division, all development
plans must be processed concurrently with and following the Zoning
Map amendment procedures of Division 90-530.
[Ord. No. 19-2020, 6-8-2020]
(a)
Required. Site plan approval is required before the issuance
of any permits for development or construction on any property included
within the boundaries of any approved development plan.
(b)
Mandatory development plans. Unless a longer time period or
a phasing plan is approved at the time of approval of a mandatory
development plan, a complete application for site plan approval must
be filed within five years of the date of mandatory development plan
approval. If an application for site plan approval is not filed within
the time required, no further site plans may be approved for the project
until the owner of the subject property has filed the original or
amended development plan for re-review and reconsideration by the
Plan Commission and Village Board. Such re-review and reconsideration
must follow the development plan review procedures of this division.
Following re-review and reconsideration, the Plan Commission is authorized
to recommend and the Village Board is authorized to approve any of
the following actions based on surrounding land use patterns and other
relevant information presented at the time of reconsideration by the
Plan Commission and Village Board:
[Ord. No. 19-2020, 6-8-2020]
(a)
Minor amendments.
(1)
The Plan Commission is authorized to approve amendments to approved
development plans as minor amendments if the Plan Commission determines
that substantial compliance is maintained with the approved development
plan. The following is a nonexhaustive list of changes that may be
approved as minor amendments:
a.
Any deviation expressly authorized at the time of development
plan approval;
b.
The relocation or addition of customary accessory uses and structures;
c.
Adjustment of internal development area boundaries, provided
that the allocation of land to particular uses and the relationship
of uses within the project are not substantially altered;
d.
Limitation or elimination of previously approved uses, provided
that the character of the development is not substantially altered;
e.
Modification of the internal circulation system that would not
increase points of access from adjacent streets, change access to
another street or increase projected traffic volumes;
f.
Modifications to approved signage, provided that the size, location,
number and type of signs is not substantially altered;
g.
Modification to approved landscape and screening plans, provided
that the modification is not a substantial deviation from the original
approved plan;
h.
Changes reducing the number of permitted dwelling units, the
amount of nonresidential floor area or the area covered by buildings
or paved areas; and
i.
Reductions in off-street parking or loading by more than 5%
or one space, whichever results in a greater reduction.
(2)
In those cases when the Village Board has expressly imposed
a condition more restrictive than recommended by the Plan Commission,
any amendment of that Village Board imposed condition must be reviewed
and approved by the Village Board.
(3)
Notice of the Plan Commission's public hearing on a development
plan minor amendment request must be provided at least 10 days in
advance of the hearing by mailing written notice to all owners of
property within a 300-foot radius of the exterior boundary of the
subject property. Notice (signs) must also be posted on the subject
property at least 10 days before the scheduled public hearing.
(4)
If the Plan Commission determines that the proposed development
plan amendment, if approved, will result in a significant departure
from the approved development plan or otherwise significantly change
the character of the subject area or that the cumulative effect of
a number of minor amendments substantially alters the approved development
plan, then the amendment must be deemed a major amendment to the development
plan and processed as a new development plan following the development
plan approval procedures of this division, including all requirements
for fees, notices and hearings.
(b)
Appeal of development plan minor amendment decisions. An appeal
from any development plan minor amendment decision by the Plan Commission
may be taken by any person aggrieved by such decision. Appeals are
made to the Village Board by filing notice of appeal with the Village
Clerk-Treasurer and with the Community Development Director within
10 days of the date of the decision being appealed. The appeal must
specify the grounds of the appeal. Upon filing of the notice of appeal,
the Plan Commission must transmit to the Village Board all papers
constituting the record in the case, together with the decision of
the Plan Commission. The Village Board must notify the applicant and
all interested parties of the appeal hearing location, date and time.
(c)
Major amendments. Any amendment to an approved development plan
that is not authorized as a minor amendment must be processed as a
new development plan following the development plan approval procedure
of this division, including all requirements for fees, notices and
hearings.
