§ 152.394. AMENDMENT TO APPROVED PLOT PLAN OR SITE PLAN.

(A) Approval of plans. Approved plot plans and site plans shall become part of the record of approval, and subsequent actions relating to the authorized activity shall be consistent with the approved plot plan or site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and village approval authority.

(B) Request. A property owner or the owner's designated agent may request a change in an approved site plan. A change in an approved site plan that results in a major change as defined in this section, shall require a plan amendment. Amendments shall follow the procedures and conditions required for original plan submittal and review. A change that results in a minor change, as defined in this section, shall not require a revision to the plan.

(C) Content of request. A request to change an approved site plan shall be made in writing to the Zoning Administrator. The request shall state clearly the reasons for the change. The reasons may be based upon considerations such as changing economic conditions, potential improvements in layout or design features, unforeseen difficulties or advantages mutually affecting the interests of the village and the applicant or developer, such as technical difficulties, site conditions, state or federal projects and installations and statutory revisions.

(D) Finding. The Zoning Administrator, upon finding the request reasonable and valid, shall notify the applicant in writing whether the proposed change is major or minor. If the change is deemed major, the applicant shall pay an appropriate fee determined by the Council and the plan amendment process shall follow the procedures and conditions required for original site plan submittal and review. Any major amendment to an approved site plan must be approved by the Planning Commission.

(E) Major changes. Changes considered major (i.e., those for which an amendment is required) include one or more of the following:

(1) A change in the original concept, character or use of the development deemed by the Zoning Administrator to have a potentially negative impact on natural features or surrounding properties;

(2) Any change to a condition of approval imposed by the Planning Commission or Village Council uses shall comply with § 152.282(E)(1);

(3) A change in the type, or increase in the number of dwelling units;

(4) An increase in nonresidential floor area of at least 10% or 500 square feet, whichever is less;

(5) A change in a structure location of more than 20 feet;

(6) A change in the character, layout, alignment or function of any access drive or interior road;

(7) An increase or loss of five or more off-street parking or loading spaces;

(8) A change in the provision of water, sewage disposal and/or treatment, electricity or other essential public service;

(9) A reduction in the amount of land area set aside for common open space or the relocation of the area(s);

(10) Changes in the final governing agreements, provisions, covenants, master deeds or bylaws; and

(11) Any other change deemed a major change by the Zoning Administrator or Planning Commission.

(F) Minor changes. If the Zoning Administrator rules that a proposed change to a site plan is a minor change as defined by this section, the Zoning Administrator may approve the change and it shall be considered approved by the Planning Commission. If a change is approved, the Zoning Administrator shall notify in writing the Planning Commission, Village Council and other applicable departments. As minor changes on the site plan drawings are approved by the Zoning Administrator, each shall be signed and dated by the applicant or developer and the owner(s) of the subject property and the Zoning Administrator, prior to changes being effective. Minor changes shall be defined as any change not defined as a major change under division (E) above, and shall include but not be limited to the following:

(1) A decrease in nonresidential floor area or the number of dwelling units;

(2) The replacement of plant material in the landscape plan with a comparable type and size of planting; and

(3) Changes required by another village, county, state or federal regulatory agency that do not result in a major change.

(G) Zoning. Amended site plans shall conform to all regulations of the zoning district in which the project is proposed.

(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017)