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Palos Park City Zoning Code

CHAPTER 1273

WESTERN GROWTH AREA PLANNED UNIT DEVELOPMENT DISTRICT

1273.01 PURPOSE.

   The purpose of the WGA Planned Unit Development District is to provide locations for commercial, employment, and diverse housing options that are integrated within an extensive network of preserved natural areas that foster a strong sense of place through high quality development in keeping with the core values of the Village as detailed in the Western Growth Area Master Plan. Commercial and employment areas shall include shopping plazas with outdoor dining and public spaces that create walkable places that are complementary with adjacent residential areas through high development standards. Residential areas shall be predominately single-family detached housing complemented by a mix of higher-density development including but not limited to zero-lot line housing, clustered homes, townhomes, and villas.
(Ord. 2021-18. Passed 6-28-21.)

1273.02 PROCEDURE FOR APPROVAL.

   (a)   Concept Plan Approval. The applicant may request the approval of a Concept Plan of the proposed planned unit development. The concept plan shall include such exhibits and written information as may be necessary to fully acquaint the Commission with the proposed development, such exhibits and information to include, but not necessarily be limited to, the following:
      (1)   A tentative sketch plan showing the location, proposed density, and extent of the types of land uses proposed;
      (2)   The existing topography at five-foot contour intervals which may be taken from U.S.G.S. information;
      (3)   Existing streets surrounding the subject property;
      (4)   Existing utilities including storm drainage facilities;
      (5)   Existing sewage facilities;
      (6)   Existing water supply facilities;
      (7)   The following, to be provided by either graphic exhibits or a written statement:
         A.   The density of residential uses and the number of dwelling units by type;
         B.   The anticipated square footage of nonresidential uses by use type;
         C.   Off-street parking and other service facilities proposed; and
         D.   Exceptions or variations to the Zoning Code or the Subdivision Regulations being requested as part of the planned unit development application;
      (8)   A complete property survey and legal description of the site proposed for development;
      (9)   A natural resources inventory plan identifying, for all areas designated for preservation and/or conservation, open space, and buildable areas, existing natural features including but not limited to wetlands, floodplains, creeks, riparian corridors, wooded areas (including species and caliper of significant trees), and steep slopes (greater than fourteen percent); and a narrative description of the overall environmental character and features of the site.
      (10)   Preliminary architectural concepts for the development presented to indicate the proposed character of the buildings in the development;
      (11)   A preliminary school and tax impact study indicating the impact of the development on the local taxing bodies;
      (12)   A preliminary market study giving evidence of the need and feasibility of the proposed development;
      (13)   A preliminary development schedule indicating the approximate dates when construction of various stages of the development can be expected to begin and be completed;
      (14)   A preliminary stormwater analysis; and
      (15)   A preliminary traffic analysis.
   The Concept Plan application shall be accompanied by a filing fee of two thousand five hundred dollars ($2,500) paid to the Clerk at the time of such filing. Within thirty days after adjournment of the public hearing held pursuant to Section 1262.10 of this code, the Commission shall submit to Council its report in writing containing recommendations and requesting Council's approval, approval with conditions, or denial of proposed basic entitlements. Upon receipt of the assent of Council, the Commission shall request the applicant to submit his or her formal petition.
   (b)   Formal Petition.
      (1)   A formal petition for the planned unit development with twelve copies, shall be addressed to Council and be filed with the Village Clerk, the original and each copy to have attached to it copies of the supporting documents and exhibits provided for in this section.
      (2)   A filing fee of two thousand five hundred dollars ($2,500) shall be paid to the Clerk at the time of such filing.
      (3)   All requests for residential planned unit development shall be reviewed by Village staff for completeness, and then forwarded in a timely manner to the Plan Commission, who shall consider said request at a public hearing, and make recommendations to the applicant and to the Village Council, who shall approve or deny said request. The notices and public hearing procedures shall conform to Section 1262.10(e) of the Village Code.
      (4)   The Clerk shall forward a copy of the petition to the Mayor and to each member of Council and of the Commission.
      (5)   Within thirty days after the public hearing date, the Commission shall report to Council its findings and recommendations in writing, accompanied by such plats, exhibits and agreements as have been presented to the petitioner, each identified for reference by letter or number, together with any suggested changes therein. The Commission shall certify that the final plat meets the requirements of this Zoning Code.
   (c)   Contents of Formal Petition. The formal petition shall contain, in addition to all other requirements, the following:
      (1)   A planned unit development plat, as prepared by a qualified land planner and/or a licensed architect. Such plat shall be at a scale not less than one inch equals 100 feet and shall show all proposed streets (public and private), all principal and accessory buildings and their use, off-street parking, service areas, open space, recreational facilities and any other information necessary to clearly show the proposed elements of the development;
      (2)   Preliminary architectural plans for all buildings, submitted in sufficient detail to show the basic building planning, the number of units per building and the number of bedrooms per dwelling unit. When architectural plans are not submitted, preliminary design guidelines for architectural and site design shall be provided;
      (3)   A topographic survey and a boundary survey of the subject area, including contours at five-foot intervals, locations of all major trees, and natural amenities such as creeks, soil test data, etc., prepared and certified by a registered State surveyor;
      (4)   A plan of the development area, showing in contrasting colors, or by other means, the respective proposed streets, street classifications, lot sizes, rights-of-way, building lines, easements for utility services, existing buildings or structures and the location of all categories of land use;
      (5)   A map of the Village showing the development area and its relation to the existing streets and use districts in and immediately adjacent to the Village;
      (6)   Preliminary plans and outline specifications, as prepared by a licensed engineer, of the following improvements:
         A.   Roads, streets and alleys, including classification, widths of rights-of- way, widths of paved surfaces and construction details;
         B.   Sidewalks, including widths of paved surfaces and construction details;
         C.   The sewage disposal system;
         D.   The water supply system;
         E.   Preliminary stormwater calculations and design;
         F.   A natural resources inventory plan identifying, for all areas designated for preservation and/or conservation, open space, and buildable areas, existing natural features including but not limited to wetlands, floodplains, creeks, riparian corridors, wooded areas (including species and caliper of significant trees), and steep slopes (greater than fourteen percent); and a narrative description of the overall environmental character and features of the site;
         G.   The street and public area lighting system; and
         H.   Recommended installations for electric, gas and telephone facilities and distribution;
      (7)   Schematic drawings illustrating the design and character of the building elevations, building materials, building heights, types of construction, and floor plans of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area of all uses or combinations of uses, and the floor area of the entire development;
      (8)   A statement of alignment with the Western Growth Area Master Plan. Such statement shall include a description of how the proposed development adheres to the Core Values and how the character of the proposed development and the rationale behind the assumptions and choices of the developer align with the Framework Plans established in the Master Plan;
      (9)   A statement of present and proposed ownership of all land within the project, including present tract designation according to official records in the offices of the County Recorder of Deeds. A certificate shall be furnished that there are no delinquent taxes constituting a lien on the property or any part thereof;
      (10)   The names and addresses of the persons to whom the notice of the hearing to be held by the Commission should be sent (i.e. the developer, the designer and the owners of the land immediately adjoining);
      (11)   A development schedule indicating:
         A.   Stages in which the project will be built, with emphasis on area, density, use and public facilities, such as open space, to be developed with each stage. The overall design of each stage shall be shown on the plat and through supporting graphic material;
         B.   Approximate dates for beginning and completion of each stage; and
         C.   The mix of uses built in each stage, if different land use types are to be included within the development;
      (12)   Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space;
      (13)   Information on the type and amount of ancillary and nonresidential uses, including the amount of common open space;
      (14)   Preliminary plans for plant materials, earth sculpturing, berming and aesthetic features;
      (15)   Information on the student load and financial impact on the local school districts, including expected scheduling of potential students;
      (16)   Information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project;
      (17)   Information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development, as well as an analysis to show the adequacy of the internal vehicular circulation pattern; and
      (18)   An economic feasibility study of the proposed development, including information on land utilization and marketing potentials and evidence showing the need and feasibility of the proposed development.
   (d)   Approval of Plat. Council, after receipt of the final plat from the Commission, shall approve or disapprove such plat within sixty days and, if approved, shall pass an ordinance authorizing the planned unit development and allowing the issuance of all necessary permits in accordance with this Zoning Code.
(Ord. 2021-18. Passed 6-28-21.)

1273.03 FINAL PREPARATION.

   Upon final approval of the planned unit development by Council, the following items and documents shall be submitted to the Village Clerk:
   (a)   Final Plat. A final planned unit development plat, suitable for recording with the County Recorder of Deeds, shall be prepared. The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final plat shall include, but not be limited to:
      (1)   An accurate legal description of the entire area under immediate development within the development;
      (2)   A subdivision plat of all subdivided lands in the same form as, and meeting all the requirements of, a normal subdivision plat;
      (3)   An accurate legal description of each separate unsubdivided use area, including common open space;
      (4)   A designation of the exact location of all buildings to be constructed;
      (5)   Certificates, seals and signatures required for the dedication of lands and the recording of the document; and
      (6)   A tabulation on the separate unsubdivided use area, including the land area, the number of buildings, the number of dwelling units and the number of dwelling units per acre.
   (b)   Common Open Space Documents. All common open space shall be conveyed to a Municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or retained by the developer with legally binding guarantees, in a form approved by the State's Attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or similar entity shall be subject to the right of such corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.
   (c)   Public Facilities. No public facilities and improvements for the planned unit development shall be constructed in advance of the approval of the final plat or until a subdivider's bond is posted to guarantee construction of the required improvements. The subdivider's bond, payable to the Village, shall be sufficient to cover the full cost of on-site improvements plus ten percent. Detail construction plans shall be submitted for all public facilities to be built.
         In lieu of a subdivider's bond, the developer may deposit, with the Clerk, cash, a cashier's check or a certified check drawn upon an acceptable bank in the amount of ten percent of the cost of such public facilities and improvements. Such cash or check shall be returned upon completion of such public facilities and improvements according to the approved site plan and upon acceptance by the Village Commissioner of Streets and Public Improvements.
         No construction work shall be started until the building permit is issued and until such bond or deposit requirements are met.
   (d)   Construction Plans. Detailed plans shall be submitted for the design, construction, or installation of site amenities, including buildings, landscaping, lakes and other site improvements. When architectural plans are not submitted, design guidelines for architectural and site design shall be provided as part of the covenants for the subdivision.
   (e)   Construction Schedule. A final construction schedule shall be submitted for that portion of the planned unit development for which approval is being requested.
   (f)   Delinquent Taxes. A certificate shall be furnished from the appropriate County official showing that no delinquent taxes exist and that all special assessments constituting a lien on the property, or any part thereof, of the planned unit development, have been paid.
   (g)   Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be recorded at the same time as the final planned unit development plat.
(Ord. 2021-18. Passed 6-28-21.)

1273.04 CONSTRUCTION OF IMPROVEMENTS.

   No work shall be started until the building permit is issued and a bond in the amount determined by the Village Manager is posted in accordance with the following: The petitioner or developer shall construct and install the required improvements and must post with the Village a sum, in cash, negotiable securities or a surety bond running to the Village, in an amount sufficient to cover the full cost at the time of construction, including engineering and inspection fees and costs, to assure the satisfactory installation of such improvements. The amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for. If a surety bond is submitted, it shall have a good and sufficient surety thereon and shall not be accepted until approved by Council. The above total performance requirement may be waived at the discretion of Council, except that at no time may bond requirements for Municipal improvements be waived. The Building Commissioner and his or her inspectors shall have access to the development at all times during the period of construction. Upon completion, inspection shall be made by Council or its agent at the expense of the developer, and upon approval or acceptance of the improvements by Council the amount of the bond may be reduced to equal the cost of such improvements.
   If the planned unit development is to be constructed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the Village Engineer.
(Ord. 2021-18. Passed 6-28-21.)

1273.05 BUILDING PERMITS.

   (a)   Building permits shall be issued only after the final planned unit development and supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformity with this Zoning Code. Proof of the recording of the final plat shall be provided to the Village Clerk.
   (b)   Building permits shall be issued by the Building Commissioner only after:
      (1)   All requirements of the Village Building Code are met;
      (2)   The deposit of the performance bond; and
      (3)   Approval by Council of the final plat.
   (c)   No plans shall be approved for a permit unless such plans are in accordance with the IBC International Building Code for multifamily dwellings, are signed and sealed either by an architect licensed to practice architecture, as provided by the Illinois Architectural Act, by a structural engineer licensed to practice structural engineering, as provided by, the Illinois Structural Engineering Act, or by a registered professional engineer licensed to practice professional engineering, as provided by the Illinois Professional Engineering Act.
   (d)   All utilities shall be underground.
(Ord. 2021-18. Passed 6-28-21.)

1273.06 DESIGN STANDARDS.

   (a)   Density. The total number of dwelling units shall not exceed six per net acre. Net acreage is defined as the area within a development under one unified control devoted to residential uses including dwellings, internal streets, stormwater management areas, and required open space areas; but not including flood plains, wetlands, stands of mature trees intended for preservation, perimeter street right-of-way, or commercial and employment areas. The minimum and maximum density per housing type, as established in the Western Growth Area Master Plan, shall be as detailed in Table 1273.06(a) below.
Table 1273.06(a) Residential Density per Housing Type
Housing Type
Minimum Density per Net Acre
Maximum Density per Net Acre
Table 1273.06(a) Residential Density per Housing Type
Housing Type
Minimum Density per Net Acre
Maximum Density per Net Acre
Single-family estate
0.5
2
Traditional single-family detached
2
5
Patio home
3
7
Townhome
5
8
Rowhome
5
8
Cottage house
4
7
Multi-Family
8
12
 
   (b)   Dwelling Standards. The minimum total floor area required for each housing type, as established in the Western Growth Area Master Plan, shall be as detailed in Table 1273.06(b) below.
Table 1273.06(b) Unit Floor Area per Housing Type
Housing Type
Minimum Unit Size (sq. ft.)
Maximum Unit Size (sq. ft.)
Table 1273.06(b) Unit Floor Area per Housing Type
Housing Type
Minimum Unit Size (sq. ft.)
Maximum Unit Size (sq. ft.)
Single-family estate
4,000
n/a
Traditional single-family detached
2,100
3,300
Patio home
1,300
2,200
Townhome
1,600
2,000
Rowhome
1,600
2,000
Cottage house
1,300
2,700
Multi-family
800
1,600
 
   (c)   Commercial Use Areas. If the development incorporates commercial use areas, such areas shall be identified on the proposed plan, and such commercial uses shall conform to the requirements of Section 1274.03 unless site development allowances are approved.
   (d)   Business Park Use Areas. If the development incorporates business park use areas, such areas shall be identified on the proposed plan and a list of uses within the constraints of the definition of business park shall be provided.
   (e)   Open Space. Between thirty percent and forty percent of the land area of a residential planned unit development, inclusive of areas subject to a conservation easement, shall be designated as open space. Conservation easement areas are not buildable due to protected natural features, such as creeks, floodplains, wetlands, swales, stands of mature and healthy trees, and steep slopes. The open space shall be graded for proper drainage and landscaped, for use by all residents of the planned unit development. The open space may include golf courses and/or contain buildings and structures for recreation or for other use by all residents of the planned unit development.
   (f)   Pathways. The planned unit development shall include pedestrian and bicycle pathways, that connect all buildings and shared open space within the planned unit development and connect with pathways adjacent to the planned unit development.
   (g)   Trails. The planned unit development shall provide new trails and trail connections as identified in the Open Space and Environmental Areas Framework Plan of the Western Growth Area Master Plan and/or the 2018 Palos Park Bikeways and Trails Plan, as amended.
   (h)   Parking. Parking for shall be provided in accordance with Chapter 1282 of this Code unless site development allowances are approved.
   (i)   Signage. Any signage on the site of the WGA Planned Unit Development shall be in conformity with Chapter 1480 of this Code unless site development allowances are approved.
(Ord. 2021-18. Passed 6-28-21.)

1273.07 STANDARDS FOR REVIEW AND SITE DEVELOPMENT ALLOWANCES.

   (a)   Standards for Review. Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village only in direct response to the accrual of tangible benefits from the WGA Planned Unit Development to the Village or the Western Growth Area. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a WGA Planned Unit Development, the Plan Commission and/or the Village Council, as the case may be, shall be required to make certain findings based on the following standards.
      (1)   Required findings. No application for a WGA Planned Unit Development shall be approved unless all of the following findings are made relative to the proposal:
         A.   Western Growth Area Master Plan and Design Guidelines. The WGA Planned Unit Development shall conform with the general planning policies of the Village as set forth in the Western Growth Area Master Plan and Western Growth Area Design Guidelines.
         B.   Public welfare. The WGA Planned Unit Development shall be so designed, located and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare.
         C.   Impact on other property. The WGA Planned Unit Development shall not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the underlying zoning district, shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the underlying zoning district, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood and will be consistent with the goals, objectives, and policies set forth in the Western Growth Area Master Plan and Western Growth Area Design Guidelines, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity.
         D.   Impact on public facilities and resources. The WGA Planned Unit Development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The WGA Planned Unit Development shall include such impact donations as may be reasonably determined by the Village Council. These required impact donations shall be calculated in reasonable proportion to impact of the WGA Planned Unit Development on public facilities and infrastructure.
         E.   Archaeological, historical or cultural impact. The WGA Planned Unit Development shall not substantially adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development.
         F.   Conservation. The WGA Planned Unit Development shall preserve and protect sensitive environmental features of the site including but not limited to stands of mature and healthy trees, wetlands, floodplains, and steep slopes.
         G.   Parking and traffic. The WGA Planned Unit Development shall have or make adequate provision to provide ingress and egress to and from the proposed use in a manner that minimizes traffic congestion in the public streets and provides adequate access for emergency vehicles.
         H.   Adequate buffering. The WGA Planned Unit Development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.
         I.   Performance. The applicant shall demonstrate a successful history of having completed one or more recent projects of comparable value and complexity in order to provide the Village with reasonable assurance that, if authorized, the WGA Planned Unit Development can be completed according to schedule as designed.
         J.   Appearance. The design of all buildings, structures, and facilities on the site of the WGA Planned Unit Development shall generally meet the design and development guidelines set forth in the Western Growth Area Design Guidelines.
      (2)   Modification standards. In addition to the findings required above, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a WGA Planned Unit Development. These standards shall not be regarded as inflexible, but shall be used as a framework by the Village to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.
         A.   Integrated design. A WGA Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.
         B.   Beneficial common open space. Any common open space in the WGA Planned Unit Development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following shall not be considered usable common open space:
            1.   Areas reserved for the exclusive use or benefit of an individual tenant or owner;
            2.   Dedicated streets, alleys and other public rights-of-way;
            3.   Vehicular drives, parking, loading and storage area; and
            4.   Irregular or unusable narrow strips of land less than fifteen feet in width.
         C.   Location of higher buildings. Higher buildings shall be located within the WGA Planned Unit Development in such a way as to dissipate any material adverse impact on adjoining lower buildings within the development or on surrounding properties and shall not unreasonably invade the privacy of occupants of such lower buildings.
         D.   Functional and mechanical features. Exposed storage areas, trash and garbage containers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the WGA Planned Unit Development and made as unobtrusive as possible. They shall be subject to such setbacks, special landscaping or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
         E.   Visual and acoustical privacy. The WGA Planned Unit Development shall provide reasonable visual, and acoustical privacy for each commercial unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.
         F.   Energy efficient design. A WGA Planned Unit Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the WGA Planned Unit Development and, to the extent feasible, the applicant will be encouraged to obtain Leadership in Energy and Environmental Design (LEED) certification for the project.
         G.   Landscape conservation and visual enhancement. The existing landscape and trees in a WGA Planned Unit Development shall be conserved and enhanced, insofar as feasible, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves and land forms. The addition or use of larger trees, shrubs, flowers, fountains, ponds and special paving amenities is encouraged to the extent of their appropriateness and usefulness to the WGA Planned Unit Development and the likelihood of their continued maintenance.
         H.   Drives, parking and circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to the location and number of access points to the public streets, the width of interior drives and access points, the general interior circulation, the separation of pedestrian and vehicular traffic, the adequate provision for service by emergency vehicles, and the arrangement of parking areas that are safe and convenient, and, insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.
         I.   Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
      (3)   Site development allowances. Notwithstanding any limitations on variations which can be approved as contained elsewhere in this Code, site development allowances (i.e., deviations or variations from the underlying zoning provisions set forth outside this section) may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development, is in furtherance of the stated objectives of this section and is necessary for proper development of the site.
(Ord. 2021-18. Passed 6-28-21.)

1273.08 CHANGES IN THE DEVELOPMENT.

   The development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises and the location of structures in the planned unit development project as set forth therein.
   (a)   Major Changes. Changes which alter the concept or intent of the planned unit development, including increases in density, increases in the height of the buildings, reductions of proposed open spaces, changes in the development schedule, changes in road standards or changes in the final governing agreements, provisions or covenants, or other changes, may be approved only by submission of a new final planned unit development plat and by supporting data and following the final plat procedure. All changes from the original final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat or reflected in the recording of a new corrected final plat.
   (b)   Minor Changes. The Building Commissioner may approve minor changes in the planned unit development which do not change the concept or intent of the development and are not defined as a major change.
(Ord. 2021-18. Passed 6-28-21.)

1273.09 SUBMISSION REQUIREMENTS; CONSTRUCTION SCHEDULE.

   The final plats must be submitted for approval in accordance with agreed scheduling. The first final plat must be submitted not later than two years from the approval of the preliminary plat, and construction authorized by the issuance of a building permit must begin within two years of the date of the filing of the final plat dealing with such construction. If the same is not done, the approval shall be null and void and the Plan Commission shall initiate such zoning changes as it deems necessary to service the public interest. If construction falls more than three years behind the building schedule filed with the final plat, Council shall either extend the schedule period or initiate action to revoke approval of the planned unit development. Extensions in the building schedule for two-year periods may be recommended by the Commission and granted by Council.
(Ord. 2021-18. Passed 6-28-21.)

1273.10 APPROVAL OF PLATS REQUIRED PRIOR TO RECORDING.

   No plat of a planned unit development shall be entitled to record in the County Recorder's Office or have any validity until it has been approved in a manner prescribed in this chapter.
(Ord. 2021-18. Passed 6-28-21.)

1273.11 RECORD OF PLATS.

   All plats, after the same have been submitted and approved as provided in this chapter and recorded in the office of the County Recorder of Deeds, shall be filed and kept by the Village Clerk among the records of the Village.
(Ord. 2021-18. Passed 6-28-21.)

1273.12 CONFLICT OF LAWS.

   Wherever any provision of this chapter is in conflict with another provision of this Zoning Code or another ordinance of the Village, the provision of this chapter shall prevail, except that the requirements of Chapter 1462 of the Building and Housing Code must be complied with.
(Ord. 2021-18. Passed 6-28-21.)

1273.13 SMALL WIRELESS FACILITIES.

   In addition to other uses permitted within the WGA Planned Unit Development District, small wireless facilities, as defined and regulated in Chapter 1032, shall be a permitted use within an WGA Planned Unit Development District when located entirely within a public right-of-way, and shall be classified as a minor change under Section 1273.08.
(Ord. 2021-18. Passed 6-28-21.)