§ 3.1. LAND USE PLAN EXPIRATION AND AMENDMENT.

3.1.1.   Expiration.

A land use plan does not expire unless the property is rezoned to a district other than PUD.

3.1.2.   Substantial Amendment.

A substantial amendment to a land use plan is a rezoning of the affected portion of the PUD zoning district and requires council approval. The following are substantial amendments:

A.

adding a land use that is more intense than the existing permitted uses;

B.

amending a site development regulation;

C.

increasing the intensity of a land use adjacent to a platted single family residential tract;

D.

amending a condition of approval of the PUD zoning district;

E.

increasing land use intensity in a phase of development of the PUD without decreasing land use intensity an equivalent amount in the phase of development;

F.

shifting development intensity in a manner that results in an "E" or "F" level of service on a roadway segment or intersection included in the traffic impact analysis governing the PUD; and

G.

amending a phasing schedule to establish a non-residential land use before establishing the residential development supported by the non-residential use.

3.1.3.   Approval By Director.

The director of the Neighborhood Planning and Zoning Department may approve an amendment to a land use plan that is not a substantial amendment described under Subsection 3.1.2 ( Substantial Amendment ).

A.

An applicant must submit a proposed amendment to the director of the Neighborhood Planning and Zoning Department with an application for approval of an administrative site plan.

B.

The director of the Neighborhood Planning and Zoning Department's decision on an amendment may be appealed to the Land Use Commission. The Land Use Commission's decision may be appealed to the council.

3.1.4.   Increased Intensity.

A substantial amendment based on increased land use intensity occurs if:

A.

most restrictive base zoning district in which the proposed use is permitted is less restrictive than most restrictive base zoning district in which the existing use is permitted;

B.

residential density is higher than authorized in the existing land use plan; or

C.

a multifamily use is proposed along the periphery of the project.

Source: Ord. 20080618-098.