§ 25-3-25. REVISIONS TO DEVELOPMENT PLAN.

(A)

A minor revision to a Development Plan may not be made to an area that is part of a final plat. The director may administratively approve minor revisions to a Development Plan if the director determines that there are no adverse effects on areas that are part of a final plat. The following are minor revisions:

(1)

The location of a Neighborhood Center Area, a Mixed Residential, a Neighborhood Edge Area, a Workshop Area, or an Employment Center Area may be revised if the director determines that (a) the basic layout of the traditional neighborhood district remains the same, and (b) the district functions as well as before the revision.

(2)

The size of a Neighborhood Center Area, a Mixed Residential, a Neighborhood Edge Area, a Workshop Area, or an Employment Center Area may be revised if the size is increased or decreased by not more than 10 percent, and the director determines that (a) the basic layout of the traditional neighborhood district remains the same, and (b) the district functions as well as before the revision.

(3)

The location of a major civic use may be revised if the director determines that (a) the revised location is appropriate, and (b) the transportation network, the infrastructure, and the overall land use mix are not adversely affected. The director may not approve a revision that includes the addition of a major civic use within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area.

(4)

The location of a commercial use in a Mixed Residential Area may be revised if the director determines that the revised location is appropriate.

(5)

The layout of a transportation network may be revised if the director determines that (a) the basic layout remains the same, and (b) the revised layout functions as well as the previous layout.

(6)

The location or size of a private open space may be revised if the overall amount of private open space acreage does not decrease, and the director determines that the quality and functionality of the revised private open space is the same or better. The director may not approve a revision that includes the deletion of a private open space within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area.

(7)

The location or size of a public open space may be revised if the overall amount of public open space acreage does not decrease, and the director determines that the quality and functionality of the revised public open space is the same or better. The director may not approve a revision that includes the deletion of a public open space within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area. The location or size of a public open space may not be revised without the approval of the director of the Parks and Recreation Department.

(8)

The location or description of a major private open space improvement may be revised if the director determines that the revised improvement is as beneficial to the residents as the previous improvement.

(9)

A construction phasing plan for major private open space improvements may be revised to extend a deadline by not more than 18 months.

(10)

The location or type of a drainage or water quality control may be revised if the director determines that (a) the basic layout of the traditional neighborhood district remains the same, and (b) the revised location or type of control functions as well as the previous location or type of control.

(11)

The location or type of an environmentally sensitive area may be revised if the director determines that the revision more accurately describes the location or type of an environmentally sensitive area.

(12)

A tree protection plan may be revised if the director determines that the revised plan provides the same or more protection for trees overall.

(13)

The location of a 100 year floodplain may be revised if the director determines that the revision more accurately describes the location of the floodplain.

(14)

The locations of major utility facilities and easements may be revised if the director determines that the revised locations are more appropriate or functional.

(15)

A preliminary architectural standard may be revised if the director determines that the revised standard is consistent with the architectural character of the traditional neighborhood district.

(B)

All revisions other than those described in Subsection (A) are major revisions. Major revisions must be approved by the city council through a rezoning of the property.

Source: Section 13-9-15; Ord. 990225-70; Ord. 031211-11.