§ 35-715. Modification to Project or Permit.

(a)

Amendment to a Multi-Phase Project. A minor amendment to a multi-phase project is defined in subsection 35-412(h) of this Code. A determination of rights issued under this chapter or the rights acknowledged and recognized by that determination do not change when a minor amendment is made to a project.

(b)

Amendment to a Single-Phase Project. Amendments to a previously approved plan shall be classified as a minor or major revision. Minor amendments may be administratively accepted and will not lose the original vesting date. Minor amendments include the following:

(1)

Changes to the timing or phasing of the proposed project provided the use and overall geographic land area remains the same.

(2)

Minor adjustments of building footprint within the boundaries of the site plan provided the use and overall geographic land use remains the same.

(3)

A reduction in the square footage for the proposed building footprint or number of buildings provided the use and overall geographic land use remains the same.

(4)

A decrease in the overall proposed impervious cover.

(5)

Project name change affecting a master development plan or subdivision plat.

(6)

To correct a scrivener error as described in subsections 35-441(a)(1) through (6).

(7)

Changes required by a regulatory agency in the location of easements.

(8)

Changes required by a regulatory agency in the location of stormwater detention facilities.

(9)

Changes required by a regulatory agency in the location of ingress and egress points.

(10)

Changes required by a regulatory agency in the location of drainage areas.

(11)

Changes required by the discovery of previously undiscovered archeological resources/sites or environmental features excluding those sites/features visible when the project commenced.

(12)

Changes made to increase the preservation ratio of trees for those projects subject to the applicable current or previous tree preservation provisions of the UDC.

All other revisions shall be classified as major amendments and shall be processed as a new project submittal.

(c)

Changes Caused by Government Action. A modification to a project that is required to comply with or conform to an action taken by a government agency does not affect a determination of rights issued under this chapter or the rights acknowledged and recognized by that determination. This subsection does not apply to a modification required or authorized by a change in zoning on all or a portion of the area in the project except as otherwise provided by law.

(d)

Project or Permit Changes for Single Phase Projects. Any modification to a project or permit that is not classified as minor by this section constitutes a new project with respect to the area of the project that is modified. Development of the remainder of a project that conforms to the original project or to a modified project authorized by this section is not a new project, and may continue to be developed in accordance with the determination under this chapter.

(e)

Project Change for a Single Phase Project. Changes in the number of buildings in a project is allowed within five (5) years of filing the initial application and information describing the project to provide fair notice of the project to the city, provided that such change does not increase the total impervious cover and the change does not increase the total square feet in the footprint of the original project.

(Ord. No. 2006-02-16-0241, § 2, 2-16-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2014-08-14-0581, § 4, 8-14-14)