[Ord. No. 19-2020, 6-8-2020]
Figure 90-535-1
Development Plan
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:
(1) 
An extension of time for filing a site plan;
(2) 
An amendment to the approved mandatory development plan; or
(3) 
Rezoning to another zoning district in accordance with the Zoning Map amendment procedures of Division 90-530.
(c) 
Optional development plans. The site plan filing deadline established in Subsection (b), does not apply to optional development plans.
[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.