§ 25-1-810. RECOMMENDATION CRITERIA.

(A)

The director may not recommend approval of a neighborhood plan amendment unless the requirements of Subsections (B) and (C) are satisfied.

(B)

The applicant must demonstrate that:

(1)

the proposed amendment is appropriate because of a mapping or textual error or omission made when the original plan was adopted or during subsequent amendments;

(2)

the denial of the proposed amendment would jeopardize public health, safety, or welfare;

(3)

the proposed amendment is appropriate:

(a)

because of a material change in circumstances since the adoption of the plan; and

(b)

denial would result in a hardship to the applicant;

(4)

the proposed project:

(a)

provides environmental protection that is superior to the protection that would otherwise be achieved under existing zoning and development regulations; or

(b)

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

(5)

the proposed amendment is consistent with the goals and objectives of the neighborhood plan; or

(6)

the proposed amendment promotes additional S.M.A.R.T. Housing opportunities.

(C)

The applicant must demonstrate that:

(1)

the proposed amendment complies with applicable regulations and standards established by Title 25 ( Land Development ), the objectives of Chapter 25-2 ( Zoning ), and the purposes of the zoning district proposed for the subject property; and

(2)

the proposed amendment is consistent with sound planning principles.

Source: Ord. 20080306-073; 20091217-053.