Reviewed Date: 09/28/2023
An amendment to an approved development plan by the applicant must be approved by the city to retain the protections of the vested property right. An amendment may be denied based upon a written finding by the city that the amendment:
- Alters the proposed use;
- Increases the overall area of the development;
- Alters the size of any nonresidential structures included in the development plan;
- Increases the density of the development so as to affect traffic, noise or other environmental impacts; or
- Increases any local government expenditure necessary to implement or sustain the proposed use.
If an amendment is denied by the city based upon such a written finding, then the applicant may either proceed under the prior approved plan with the associated vested property right or, alternatively, allow the vested property right to terminate and submit a new application. Notwithstanding the foregoing, a vested property right shall not terminate if the city determines, in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right. T.C.A. § 13-4-310(h)(1) and (2).