§ 25-1-804. APPLICATION TO AMEND NEIGHBORHOOD PLAN.

(A)

A pre-application meeting between the director's staff and an applicant is required before the applicant may submit an application to amend a neighborhood plan to the director. At the meeting:

(1)

the staff shall describe the application process to the applicant;

(2)

the applicant shall describe the proposed neighborhood plan amendment to the staff;

(3)

if the applicant is proposing a change to the future land use map, the applicant shall provide the staff with information regarding the proposed change, including the address, boundaries, acreage, current and proposed future land use map categories, and current and proposed uses; and

(4)

if the applicant is proposing a text change, the applicant shall provide the proposed language and an explanation of the change.

(B)

For an application regarding an individual property, except as provided in Subsection (C):

(1)

the director may accept an application to amend a neighborhood plan not earlier than one year after the adoption of the plan;

(2)

after the one year anniversary of a plan adoption, the director may accept an application to amend a plan recommendation relating to an individual property not more frequently than once every 12 months; and

(3)

an application may be filed only during the month established by the director under Section 25-1-811 ( Map; Filing Dates ), unless:

(a)

the application is submitted by a neighborhood plan contact team for the planning area in which the property is located; or

(b)

a neighborhood plan contact team for the planning area in which the property is located has given written approval of the application.

(4)

An applicant may not file an application for an amendment that is substantially the same as an application denied by council until one year after the council action denying the prior application

(C)

The director may accept an application regarding an individual property at a time other than as provided in Subsection (B) if the director determines that:

(1)

prohibiting the filing would result in a hardship to the applicant, and the development proposed by the applicant will not adversely affect public health, safety, and welfare;

(2)

a clerical error regarding the designated use of the subject property exists on the future land use map of the neighborhood plan or in the text of the plan;

(3)

the person submitting the application has received a letter from the director of the appropriate City department stating that the project:

(a)

is not subject to current City environmental regulations, but is proposed to be developed under current City environmental regulations;

(b)

promotes the recruitment or retention of an employment center with 100 or more employees;

(c)

is a S.M.A.R.T. Housing certified project in which at least 40 percent of the proposed units are reasonably priced as provided in Section 25-1-703(C) and (D) ( Program Requirements ); or

(4)

council has initiated the application.

(D)

If an individual property owner in an area without a neighborhood plan contact team wishes to apply to amend the neighborhood plan at a time other than as provided in Subsection (B), the property owner may request Council initiate the application. If Council initiates the application, the property owner shall pay all fees associated with the application and the property owner shall be treated as the applicant.

(E)

An applicant may appeal a decision of the director under Subsection (C)(1) to the Planning Commission.

(F)

For an area-wide or subdistrict-wide application:

(1)

the director may accept an application to amend a neighborhood plan not earlier than two years after the adoption of the plan;

(2)

the director may accept an application not earlier than two years after the most recent council action on the plan; and

(3)

an application initiated by council may be filed at any time.

Source: Ord. 20080306-073; 20091217-053; Ord. No. 20170608-057 , Pt. 1, 6-8-17.