§ 25-5-64. REPLACEMENT SITE PLAN.

(A)

The director may approve an administrative site plan as a replacement for a zoning site plan described in Section 25-5-82(D)(3) (Expiration Of A Site Plan Approved Before January 1, 1988) if the director determines that:

(1)

except as otherwise provided in this section, the replacement site plan complies with current regulations;

(2)

if a traffic impact analysis was submitted with the application for the zoning site plan approval:

(a)

the assumptions and conclusions of the traffic impact analysis are valid; or

(b)

if the assumptions and conclusions are not valid, the applicant has submitted an addendum to the traffic impact analysis that demonstrates that traffic impacts will be adequately mitigated;

(3)

if a traffic impact analysis was not submitted with the application for the zoning site plan approval, the applicant demonstrates that traffic impacts will be adequately mitigated;

(4)

the amount of impervious cover on the replacement site plan does not exceed that approved on the zoning site plan;

(5)

the amount of building coverage on the replacement site plan does not exceed that approved on the zoning site plan;

(6)

building height on the replacement site plan does not exceed that approved on the zoning site plan by more than six feet;

(7)

the total caliper inches of trees on the replacement site plan is not less than that approved on the zoning site plan, unless a decrease is approved by the city arborist;

(8)

a restrictive covenant for the site, if any, complies with the requirements of this section;

(9)

the replacement site plan does not have a use that is more intense than permitted in the zoning site plan; and

(10)

the replacement site plan does not change a condition of approval of the zoning site plan.

(B)

An interested party may appeal to the Land Use Commission the director's determination under Subsection (A)(10) of this section of whether a replacement site plan changes a condition of approval of the zoning site plan.

(C)

A party to an appeal under Subsection (B) of this section may appeal the Land Use Commission's decision on the appeal to the council.

(D)

An appellant's statement of specific reasons for appeal that is required by Section 25-1-182 (Initiating An Appeal) may only include information directly related to the director's determination under Subsection (A)(10) of this section of whether a replacement site plan changes a condition of approval of the zoning site plan.

Source: Sections 13-1-617 and 13-1-644(a); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.