(a)

The area of the Village is hereby divided into districts classified as set forth in this article. The districts established by this article are as follows:

(1)

"R-1" Single-Family Dwelling District.

(2)

"R-2" Multifamily Dwelling District.

(3)

PUD Planned Development District.

(4)

"C" Commercial District.

(b)

The aforesaid districts and certain combinations thereof are hereby established insofar as the designations, locations, and boundaries thereof and are set forth and indicated on the zoning map. No land should be used and no building or structure should be erected, constructed, enlarged, altered, moved, or used in any district as shown on the zoning map, except in accordance with these regulations.

(Zoning Ord., § 200)

The boundaries of the zoning districts designated in section 32-33 are hereby established as shown on the zoning map of the Village. The zoning districts and boundaries are hereby adopted and established as shown on the zoning district map, together with all notations, references, data, district boundaries, and other information thereof, and are made a part of this article by reference. The zoning map properly attested shall remain on file in the office of the Administrator. Zone district boundaries shall be as follows:

(1)

District boundary lines are either the centerlines of highways, streets, alleys, or easements, or the boundary lines of sections, tracts, lots, quarter section lines, or survey and claim lines.

(2)

Per RSMo 89.020(4), any portion of the Lake of the Ozarks contiguous to the corporate boundaries of the Village and within 100 yards beyond the shoreline shall be zoned according to the Village's official zoning map.

(3)

Where a boundary of a district follows a stream, lake, or other body of water, said boundary line shall be construed to be the centerline of the stream, otherwise at the limit of the jurisdiction of the Village unless otherwise indicated.

(4)

Any area shown on the zoning map as a park, playground, school, cemetery, water, street, or right-of-way shall be subject to zoning regulations of the district in which it is located.

(5)

Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall automatically extend to the center of such vacation area and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.

(Zoning Ord., § 201)

All territory which may hereafter be annexed to the Village shall be zoned in any of the following ways:

(1)

Subject to all of the regulations of the "R-1" Single-Family Residential District until otherwise changed;

(2)

Subject to all of the regulations of the district established in this chapter which is most similar to the district established by this chapter wherein the land is situated when an application for annexation is made.

(Zoning Ord., § 202)

Except as otherwise provided in this article, all buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses, or land are located.

(Zoning Ord., § 203)

(a)

Use regulations. In the "R-1" district, no building or land shall be used and no building shall be erected or structurally altered (unless otherwise provided in this Code or set forth elsewhere in this article when referred to in this section) except for one or more of the following uses:

(1)

Permitted uses.

a.

Single-family dwellings.

b.

Parks, playgrounds, or public recreation areas not operated or used for commercial purposes, and such public buildings that are necessary for health and safety.

c.

Accessory buildings, including one private garage, in the rear yard or constructed as a part of the main building, but not including the conduct of a business.

d.

Customary home occupations or office, when confined to the main building, provided no display of products made or sold should be visible from the street and should not occupy more than 20 percent of the net floor of the dwelling. Customary home occupations shall not include the operation of a bed and breakfast, boardinghouse, hotel, motel, or motor hotel.

e.

In the "R-1" district, no building or land shall be rented to transient guests for a period less than 31 consecutive days.

(2)

Special use permit.

a.

Public utilities and governmental buildings, including substations, regulator stations, pumping stations, radio and television transmitter or tower, transmission lines, water filtration plant and storage reservoir, or other similar public service uses.

b.

Golf courses (except miniature golf courses) and cemeteries.

c.

Farming, truck gardening, orchard, nursery, or greenhouses, provided no sales office is maintained in a building separate and apart from a residence or accessory building customarily incident to such use of a residence or that no poultry, swine, or other livestock should be housed or confined in such a manner as to be objectionable to the surrounding residents or affect the general welfare of the Village and are confined within less than 200 feet of any single-family dwelling and located on a lot containing not less than one acre.

d.

Home day care, child care centers, and nursery schools.

e.

Multifamily uses meeting the requirements of the "R-2" district.

f.

Earth terminal antenna.

g.

Churches, convents, rectories, or similar religious institutions.

h.

Public, parochial, elementary schools, and high schools.

(b)

Height regulations.

(1)

Single-family dwellings, 2½ stories, excluding basement, or 35 feet.

(2)

Churches, schools, and other allowable uses, 75 feet for towers or steeples and not more than 45 feet for the principal building.

(c)

Area regulations.

(1)

Front yards. Except as otherwise provided in this article, there shall be a front yard having not less than 25 percent of the average depth of the lot or 25 feet, whichever is smaller. However, where lots compromising 40 percent or more of the frontage between two intersecting streets are developed with buildings having a variation in depth of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established, provided further that this regulation shall not be so interpreted as to require a front yard of more than 60 feet or less than 15 feet.

(2)

Side yards.

a.

Except as otherwise provided in this article, on interior lots there shall be a side yard on each side having a width of not less than ten feet.

b.

On corner lots the side yard requirements shall be the same as for interior lots, except in cases where the lot backs up to an abutting side yard, then the side yard requirement shall be the same as the front yard requirement; and when the lot backs up to an abutting rear yard, the side yard requirement should be 15 feet.

(3)

Rear yards. There shall be a rear yard having a depth of not less than 50 feet unless the residents thereon use a central sewage disposal system or sanitary treatment facility designed to accommodate and for use by at least 25 residences, and which complies with the regulations of the County and State boards of health and State Department of Natural Resources, if applicable, and the provisions of section 313 of the Village of Four Seasons' Subdivision Standards, in which case the rear yards shall have a depth of not less than 25 feet.

(4)

Lot area, single-family dwellings. Every lot for single-family dwellings shall have an area of not less than 10,890 square feet, except that if a lot of record prior to the adoption of the ordinance from which this article is derived has less area and has been duly platted and recorded in the office of the Recorder of Deeds for the County, such lot may be used for a single-family dwelling.

(5)

Lot area, other uses. Any use allowed other than a single-family dwelling shall have a minimum lot area of 20,000 square feet.

(6)

Lot width. All lots platted in the "R-1" district shall have an average width of not less than 70 feet measured from the building line.

(7)

Lot coverage. The combined building area of the main building and accessory buildings shall not cover more than 40 percent of the total lot area.

(Zoning Ord., § 204)

(a)

Use regulations. In the "R-2" district no building or land shall be used and no building should be erected or structurally altered except for one or more of the following uses:

(1)

Permitted uses.

a.

Any use permitted in the "R-1" district subject to all the restrictions specified in said "R-1" district.

b.

Two-family dwellings.

c.

Multiple-family dwellings, apartments, and group houses.

d.

Buildings which are necessary for any of the above uses.

(2)

Special use permit. Any special use permitted in the "R-1" district subject to all the restrictions specified in the "R-1" district.

a.

Day care homes, day care centers, and nursery schools.

(b)

Height regulations. Same as in "R-1" district. Multifamily dwellings shall have a maximum height from finish grade to the ridgeline of 35 feet.

(c)

Area regulations.

(1)

Front yards. Same as in "R-1" district.

(2)

Side yards. Same as in "R-1" district.

(3)

Rear yards. There shall be a rear yard having a depth of not less than 50 feet unless the building thereon uses a sewage disposal system or sanitary treatment facility complying with the regulations of the County and State boards of health and State Department of Natural Resources and, if applicable, the provisions of section 313 of the Village of Four Seasons' Subdivision Standards, in which case the rear yard shall have a depth of not less than 25 feet.

(4)

Lot area, single-family dwellings. Same as in "R-1" district.

(5)

Lot area, two-family dwellings. Same as in "R-1" district.

(6)

Lot area, multiple-family dwellings. The minimum density of multifamily dwelling units shall be one dwelling unit for each 3,000 square feet of land on any lot or for a single project.

(7)

Lot area, other uses. Any use allowed other than a single-family, two-family, or multiple-family dwelling shall have a minimum lot area as determined by the Planning Commission with the issuance of a special use permit.

(8)

Lot width. Same as in "R-1" district.

(9)

Lot coverage. Same as in "R-1" district.

(Zoning Ord., § 205)

(a)

Use regulations. In the "C" Commercial District, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in these regulations, except for one or more of the following reasons:

(1)

Permitted uses.

a.

Business services, such as banks, other financial institutions, and professional offices.

b.

Personal services, such as barbershops, beauty shops, tailors, photographic studios, self-service laundries, and dry cleaning.

c.

Repair services, such as radio shops, appliance shops, upholstery shops, and shoe repair shops.

d.

Parking lots.

e.

Government buildings.

f.

Accessory buildings and uses customarily incident to the above uses.

g.

Other uses which in the opinion of the Planning Commission are of the same general character as those enumerated in this subsection (1).

h.

Marinas with lake frontage.

i.

Resorts. A portion of the project may be occupied and used as a drug store, gift shop, barbershop, cosmetologist shop, cigar stand, newsstand, restaurant, spa, amusement enterprise or other customary use of the same general character, when such uses are located entirely within an accessory to the project, with no direct entrance from outside the project, and have no sign, advertising or display visible from outside the project indicating the existence of such use.

j.

Retail business, such as general merchandise stores, food stores, convenience stores, hardware, jewelry stores, furniture, antique apparel, eating and drinking establishments, and drug stores.

(2)

Special use permit.

a.

Churches or other places of worship.

b.

Earth terminal antenna.

c.

Public utilities and governmental buildings, as are necessary for health and safety such as fire stations, including substations, regular stations, pumping stations, disposal or treatment facilities, radio or television transmitter or tower, transmission lines, water filtration plant and storage reservoir, or other similar public service uses.

d.

Adult entertainment establishments (see section 32-120).

e.

Residential or outpatient facilities for the treatment of alcohol and other drug abuse, provided that:

1.

If a residential facility, not more than nine persons residing in the building at one time.

2.

The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity.

3.

A treatment facility shall not be located closer than 1,000 feet to any other substance abuse treatment facility.

f.

Other uses which in the opinion of the Planning Commission are of the same general character as those enumerated in this subsection (2). In addition, residential uses allowed in the Residential District may be allowed upon review by the Planning Commission.

g.

Hotels, motels, and boardinghouses or lodginghouses.

h.

Automotive services such as service stations, commercial garages, enclosed sales rooms, and enclosed buildings for vehicle repair.

i.

Theatres, amusement facilities, clubs or lodges (chief activity is carried on as business within a structure).

(b)

Height regulations. Same as in "R-2" district.

(c)

Area regulations.

(1)

Front yard. No front yard required, except for residential, which shall conform to "R-1" and "R-2" districts front yard regulations.

(2)

Side yards.

a.

Except as otherwise provided in these regulations on interior yards, no side yard is required except where a lot abuts a residential district, "R-1" or "R-2," then the side yard requirement shall apply and such side yards shall be landscaped or fenced to buffer the residential uses. Residential lots shall conform to "R-1" or "R-2" district side yard requirements.

b.

On corner lots, no side yard is required except where a lot abuts a residential district, "R-1" or "R-2," then the side yard requirement of that district shall apply and such side yards shall be landscaped or fenced to buffer the residential uses. Residential lots shall conform to "R-1" or "R-2" district side yard requirements.

(3)

Rear yards. Except as otherwise provided in these regulations on interior lots, a rear yard depth of 20 feet is required except where a lot abuts a residential district, "R-1," and "R-2," then the rear yard requirement of that district shall apply and such rear yards shall be landscaped or fenced in a suitable manner to buffer the residential use.

(4)

Lot area. There shall be a lot area of not less than 2,500 square feet.

(5)

Lot width. All lots platted in the commercial district shall have an average width of not less than 25 feet measured along the building line.

(6)

Lot coverage. There is no minimum requirement; except for residential which shall be not less than 40 percent of the total lot area.

(Zoning Ord., § 206)

The following uses are permitted in their respective designated districts provided they meet the standards prescribed:

(1)

Public buildings. Public, semi-public, or public service buildings, or schools, may be erected to any height provided one additional foot of setback is provided for each two additional feet of the building height above the prescribed limit for the district in which the building is located.

(2)

Utility easements. No building or addition thereto shall be erected over, across any existing public utility, or upon any platted easement.

(3)

Utilities. Utilities shall be buffered or landscaped in a suitable manner as determined by the Zoning Board of Adjustment.

(4)

Chimneys, towers, spires, etc. Chimneys, fire towers, monuments, stacks, stage towers, scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances may be erected to a height in accordance with the provisions of these regulations.

(5)

Signs. Signs should be included in the site plan.

(Zoning Ord., § 207)

(a)

General. The purpose of this zoning district is to provide for a maximum environmental choice for the residents of the Village by encouraging flexibility and creativity of design and a greater diversity of open space arrangements and other aspects of land planning while protecting existing and future developments and achieving the goals of the comprehensive plan. This is a voluntary and alternate special zoning procedure in the "R-1" and "R-2" residential districts in order to permit flexibility in building types, encourage economic and energy-efficient subdivision design, and encourage the provision of supporting community facilities in the development of diverse, sound, urban developments under conditions of the approved site and development plans. Projects must be in compliance with Ordinance No. 93.07, Subdivision Ordinance.

(b)

Definitions. In addition to the definitions contained in section 32-7, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Common open space means a parcel of land at ground level in a planned residential district, designed and intended for the use of all residents thereof. Common open space unoccupied by principal or accessory buildings, however, may contain complimentary recreational structures and improvements designed and intended for the benefit and enjoyment of the residents of the planned development.

Landowner means the legal or beneficial owner of all of the land proposed to be included in a planned development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purpose of this section.

Plan means the proposal for development for a planned unit development, including a plat or subdivision, all covenants, grants of the easement and other conditions relating to the use, location and bulk of buildings, the density of development, usable open space and public facilities. The plan shall include such information as required by this section and applicable sections of the subdivision ordinance of the Village.

Planned residential development means an area of land controlled by a landowner, which is, has been or is proposed to be developed as a single entity for a number of dwelling units, the plan for which need not conform in lot size, bulk or type of dwelling, number of structure per lot, height or yard regulations established for the affected district by any other sections of this article.

(c)

Permitted uses.

(1)

Any residential use allowed in the "R-1" and "R-2" districts.

(2)

Nonresidential uses of religious, cultural, or recreational character to the extent that they are designed and intended to principally serve the residents of the planned development.

(d)

Special uses.

(1)

Utilities. Electrical substations, gas regulator stations, or other utility distribution facilities.

(2)

Earth terminal antenna.

(e)

Accessory uses. Any use clearly supplementary to the principal use of the parcel or lot.

(f)

Standards. A planned residential development project shall be consistent with the following standards:

(1)

Minimum project area. The minimum project area permitted in a planned residential development shall contain a gross area of not less than five acres. This requirement may be waived or reduced by the Planning and Zoning Commission or by the Zoning Board of Appeals on an appeal to that Board, when it is found that conformance to the provisions contained elsewhere in this chapter relating to lot size, bulk, dwelling type, or number of structures would result in gross waste or inefficient use of a substantial portion of land area contained in a particular parcel or would result in other results deemed incompatible with the purposes of this article.

(2)

Ground coverage. The percentage of the ground area of a planned residential development to be occupied by buildings and structures not included in common open space shall be the same as allowed in the existing zone.

(3)

Dwelling unit density. The number of dwelling units which may be constructed within a planned residential development will be determined by dividing the project area by the required lot area per dwelling unit which is required in the district in which the planned development is located. In cases where the land to which the plan pertains is divided into two or more adjoining residential districts of differing restrictions, the maximum number of dwelling units which may be concentrated on the adjoining space of such land shall not exceed the aggregate number of dwelling units permitted on the whole of such land.

(4)

Building height, spacing, and length. Height limitations for buildings shall be 45 feet. The spacing between detached, semi-detached, attached, or multi-storied structures shall be at least 15 feet. There shall be no continuous structure of townhouses, attached dwellings, or apartments exceeding 200 feet in length in planned residential development projects.

(5)

Perimeter setbacks. Off-street parking and loading areas shall be located a minimum of 25 feet from the perimeter boundary of any planned residential development project. Buildings shall be located 25 feet from the perimeter boundary of a planned residential development. When the planned development abuts a residentially zoned or developed area, perimeter setback areas shall be landscaped so as to provide a buffer between the planned development and surrounding residential areas.

(6)

Common open space. Provision of all common open space and the construction of public facilities which are shown on the site plan shall proceed at an equivalent or greater rate than the construction of structures. The Planning and Zoning Commission and Village Board may establish such conditions as are necessary to ensure the preservation of such lands for their intended purpose as demonstrated on the site plan. The developer shall give legally enforceable assurances satisfactory to the Village that common open spaces shall be properly maintained during the life of the planned residential development.

(7)

Deed covenants. The planned residential development project shall contain such covenants, easements, and other provisions relating to the bulk, location, and density of such residential units, nonresidential units, and public facilities as are necessary for the welfare of the planned development project and are not inconsistent with the best interests of the Village. Such legal instruments shall be approved by the Village.

(8)

Landscaping and utility lines. All required open space, parking lot islands and all land area not otherwise developed shall be landscaped in a manner that enhances the appearance of the planned residential development project. All utility lines shall be installed beneath the surface of the ground and a planned layout and specification to accomplish these requirements shall be submitted to the Planning and Zoning Commission as an integral part of the planned development application.

(9)

Parking. Parking shall be provided on the same site as the use it is intended to serve and in an amount at least equal to the requirements for dwelling units permitted in the existing zoning districts. The Village Board of Trustees may require additional parking where it is deemed necessary for proper development.

(10)

Private streets. Private streets may be permitted if constructed to standards and specifications identified in the subdivision ordinance.

(g)

Procedures.

(1)

Preapplication conference. Before submitting an application for a planned unit development procedure, an applicant shall confer with the Administrator to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. A developer is encouraged to submit a sketch plan at this time. The information that should be shown on the sketch plan is identified in section 400 of the subdivision ordinance.

(2)

Submission of planned unit development petition. An applicant shall submit a petition for planned unit development to the Village Board of Trustees. The application shall be submitted to the Planning and Zoning Commission and shall be accompanied by:

a.

Preliminary plan. Copies of the preliminary plan at a scale no smaller than one inch equals 50 feet meeting all requirements of this section and the subdivision ordinance shall be submitted with and considered an integral part of each application for a planned residential development classification showing:

1.

Vehicular and pedestrian circulation systems, including off-street parking and loading areas.

2.

Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, public buildings, and similar public and semi-public uses.

3.

A plot plan for each major building type, its location within the project, and the common open space area.

4.

Typical elevations and perspective drawings of the basic structures to be constructed within the site.

5.

A landscaping and tree planting plan indicating dimensions of proposed landscaped areas, types of planting proposed and the horizontal and vertical arrangement of such proposed planting.

6.

The zoning and land use of surrounding properties.

7.

A topographic map of the project area at contour intervals not exceeding two feet prepared by a Registered Surveyor or Engineer.

8.

Preliminary engineering plans and specifications for all required improvements as specified in the subdivision ordinance.

9.

The names and addresses of the persons to whom notices of hearings hereunder may be sent, including the subdivider or developer, the designer of the subdivision or development, and the owner of the land immediately adjacent to the land to be platted.

b.

Development schedule. A development schedule shall accompany each application indicating:

1.

The staging of construction and the staging of open space or other common use areas for conveyance, dedication, or reservation. The geographic stages in which the project will be built, the approximate date when each stage shall begin, and its anticipated completion date shall be specified. The initial stage shall have a minimum of two acres.

2.

The area and location of open space that will be provided at each stage.

c.

Legal documents. Agreements, provisions, or covenants which govern the use, maintenance, and continues protection of the planned residential development project and any of its common open space shall be provided with each application. A contract shall also be submitted guaranteeing completion of the development plan in a period to be specified by the Village Board of Trustees, but which period shall not exceed five years unless extended by the Village Board of Trustees for due cause shown.

d.

A completed rezoning petition form.

e.

A nonrefundable processing fee as set by resolution of the Board of Trustees of the Village.

(3)

Review of preliminary development plan and planned unit development petition.

a.

Within a maximum of 60 days after the filing of the preliminary development plan and planned unit development petition, the Planning and Zoning Commission, at a public hearing, shall review said plan and planned unit development petition and shall forward the same to the Village Board of Trustees with a written report recommending that the preliminary plan and planned unit development petition be approved, denied, or approved with modifications.

b.

Notice of the preliminary plan and planned unit development petition shall be given in the local newspaper of general circulation at least ten days prior to the date of the public hearing which shall specify the date, time, place, and purpose of the public hearing.

c.

Following the public hearing, the Village Board of Trustees may approve, deny, table, or approve with modifications the plan in concept and the planned unit development petition, subject to the submission of a final development plan to be reviewed by the Planning and Zoning Commission and Village at a hearing.

(4)

Submittal of final development plan.

a.

Within a maximum of six months following the approval of the preliminary plan and the planned unit development petition, the applicant shall file with the Administrator an application for approval of a final development plan. At its discretion and for good cause, the Planning and Zoning Commission, upon written request from the applicant, may extend for six months the period for filing the application for approval of the final development plan.

b.

The application shall be accompanied by ten copies of the final plan and a nonrefundable processing fee as determined by a resolution of the Board of Trustees of the Village.

c.

In the event a final plan is not submitted within six months following approval of the preliminary plan and the planned unit development petition and/or in the event a six-month extension is not applied for and granted, the Village Board of Trustees may rezone the property to its prior zoning classification.

(5)

Contents of the final plan. The purpose of the planned residential development plan is to designate the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas. The final plan shall include, but not be limited to:

a.

A final subdivision plat in the same form and meeting all the requirements as identified in the subdivision ordinance of the Village.

b.

Tabulations on each separate unsubdivided use area which identifies a number of dwelling units per acre.

c.

Public facilities. All public facilities and improvements made necessary as a result of the planned residential development shall be either constructed in advance of the approval of the final plan or, at the election of the Village Board of Trustees, escrow deposits, irrevocable letters of credit in a form approved by the Village, or performance bonds shall be delivered to guarantee construction of the required improvements.

d.

Covenants. Final agreements, provisions, or covenants shall govern the use, maintenance, and continued protection of the planned unit development.

e.

A landscape plan showing the location, type, and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as an identification of the existing trees to be removed that are two inches in diameter or greater, all proposed fences, walls, berms, and any pertinent architectural elements associated with the landscape plan.

f.

Land use characteristics in table form containing the following information:

1.

Gross project area in terms of acres.

2.

Net project area in terms of acres.

3.

Approved density for the project in terms of lot area/dwelling unit.

4.

Approved usable open space for the project in terms of square feet of open space/dwelling unit.

5.

Total number of parking spaces.

6.

Total number of dwelling units in the project.

7.

Number and type of residential units in the project.

g.

Types and square footage of floor spaces of all nonresidential uses providing graphic representation of all public easements and legal descriptions thereof, who the easement is conveyed to, the purpose of such easement, and any conditions relating to the use of the easement.

h.

Legal description of the gross project area.

i.

All public and private streets, roads, and alleys included in the project shall be shown by their bearings, width, and names. All streets, roads, or alleys not dedicated to public use shall be marked private and named. All curves, portions of streets, roads, or alleys shall be defined by curve data, including points of curvature, points of tangency, points of compound curvature, radii of curves, central angles and length, and bearing of its long chord.

j.

In the event streets in the planned residential development are to be dedicated, a statement shall appear on the Mylar that the streets shown on it are dedicated to the use of the public.

k.

In the event the planned residential development is to be submitted for final approval in stages, the applicant shall submit reproducible Mylar's for each stage of the development containing the information required above.

(6)

Review of the final development plan.

a.

Within a maximum of 30 days after the filing of the final development plan, the Planning and Zoning Commission shall review said plan and shall forward the same to the Village Board of Trustees with a written report recommending that the final plan be approved, denied, or approved with modifications.

b.

The Village Board of Trustees shall approve, deny, table, or approve with modifications, the final plan.

c.

Within a maximum of 30 days following the date of final approval by the Village Board of Trustees, the applicant shall record the final plan with the County Recorder of Deeds. Two copies of the recorded document shall be filed with the Village.

(h)

Time limitations.

(1)

Actual construction shall take place within two years after the date of final approval and shall be diligently pursued until completion. In any case, where construction has not been commenced within the two-year period, the Village Board of Trustees may allow a reasonable extension after a written request by the landowner stating the due cause for such an extension has been filed with the Board.

(2)

In the event construction has not commenced within the two years after the date of final approval and an extension has not been granted, the Village Board of Trustees, after a public hearing, may rezone the property to its prior classification.

(i)

Amendments to the plan. Any minor or nonsubstantive change in the approved plan may be made only after approval of such change by the Administrator or the Planning and Zoning Commission. Any proposed change shall be clearly portrayed on all copies of the approved plan and submitted to the Administrator for review and determination or, at their discretion, referred directly to the Planning and Zoning Commission for decision. Any change or addition of land use (other than accessory uses), common open space area, and parking facilities shall require the approval of the Commission. All changes to the plan must be compatible with the original plan for land use, traffic circulation and open space, the purpose and intent of this Code, and with the height and area regulations and parking ratios reflected in the plan originally approved by the Village Board of Trustees.

(j)

Withdrawal of application. Any person who files an application for a planned residential development may request withdrawal of the application. A request for withdrawal shall be submitted in writing and signed by all persons who signed the application. A withdrawal effectively made pursuant to these provisions shall constitute an abandonment of the application.

(k)

Renewal of application. If an application for a planned unit development is denied by the Village Board of Trustees, another application pertaining to a use so denied shall not be filed within a period of one year after the date of the final denial, except with permission from the Village Board of Trustees.

(Zoning Ord., § 208)