§ 25-2-764. DESIGN GUIDELINES.

(A)

A site plan must comply with the design guidelines prescribed by administrative rule. An applicant shall file with the site plan drawings of all building elevations and streetscapes that demonstrates substantial compliance with the design guidelines.

(B)

The director of the Neighborhood Planning and Zoning Department shall determine whether a site plan substantially complies with the design guidelines.

(C)

The director of the Neighborhood Planning and Zoning Department may waive a provision of the design guidelines if the director determines that the provision is unreasonable or impractical as applied to the site plan and that, with the waiver, the site plan will still substantially comply with the design guidelines. A waiver under this subsection must be the minimum departure from the provision necessary to avoid an unreasonable or impractical result.

(D)

An interested party may appeal to the land use commission:

(1)

a determination by the director of the Neighborhood Planning and Zoning Department that a site plan substantially complies with the design guidelines; or

(2)

a decision by the director of the Neighborhood Planning and Zoning Department granting or denying a waiver under Subsection (C).

Source: Ord. 040902-58; Ord. 20080925-039.