Deviations from Approved Development Plans.
Tupelo Development Code § 12.8.16
in effect12.8.16. - Deviations from Approved Development Plans.
(1) Significant Deviations: The deviations from an approved development plan listed below are deemed significant and shall require that the entire plan be resubmitted for a zoning map change in accordance with the application requirements of this section, except as specified in sections (2), (3), and (4) below. Deviations not listed below do not require a zoning map change unless they are otherwise deemed significant or substantial:
(a) Increase by any amount in the number of residential units or approved density of residential projects in the overall project, except through use of the Affordable Housing Density Bonus;
(b) Decrease by more than 20 percent in total density in residential projects, except in the Downtown Overlay District or Mixed Use Residential District;
(c) Decrease by more than five in total density in residential projects located within the Downtown Overlay District or Mixed Use Residential District, unless that decrease results from the application of Development Code requirements relating to size or design;
(d) In a nonresidential or mixed-use development, a cumulative expansion adjacent to a residential district or use that exceeds five of total building floor area or 4,000 square feet, whichever is greater, or a cumulative decrease that exceeds 20 percent of total building floor area if creating or maintaining intensity was important to the zoning map determination;
(e) With regard to development plans that were approved before commitments, or committed elements, were required to be identified on development plans, any change to a development plan depiction that exceeds current Code requirements for setbacks, open space, buffer width or planting, recreation areas, tree protection areas, landscaped areas, or limitations on height, unless such depiction is clearly identified as "conceptual" or "illustrative";
(f) Elimination or reduction of a dedication of right-of-way, greenway, or other public component;
(g) A change in the proposed phasing of the project where phasing plans are required or are commitments;
(h) A change in use category (for example, residential to office, office to commercial, commercial to industrial, as described in Chapter 4, Base Zoning Districts), if limitations on the number, range, or types of uses were proposed with the development plan and the governing body limited its consideration of uses to those uses;
(i) A significant change in the number, location or configuration of access points to the development, or a significant change to previously shown public road improvements;
(j) A significant change in the location, square footage, or size of a building adjacent to a residential district or use;
(k) A significant change in the architectural design;
(l) If a Traffic Impact Analysis was originally submitted, a change that would increase the total vehicle peak hour trips by ten percent or greater. If a Traffic Impact Analysis was not originally submitted, a change that would require a Traffic Impact Analysis;
(m) An increase of more than five percent in impervious surface area; and
(n) Any change that is otherwise prohibited under this Code.
(2) Changes to Portions of Development Plans: Where a deviation is proposed from a portion of a development plan, for example from one phase or zoning district, the Director of Development Services may consider cumulative deviations and the impact of such portion on the overall development in a significance assessment. If the deviation is deemed significant, the Director of Development Services shall determine whether it requires a zoning map change to all or only a portion of the development plan.
(3) Changes Following Transfers to Residential Owners: Where a deviation is proposed from a development plan and a portion of the development has been transferred to a residential owner, the Director of Development Services may exclude such residential portion from a significance assessment if it meets all minimum Code requirements. If the deviation is deemed significant, the Director of Development Services shall determine whether it requires a zoning map change to all or part of the development plan.
(4) Changes Required by Code or Other Law: Notwithstanding the other requirements of this section and except as stated below, a site plan or preliminary plat shall deviate from an approved development plan to conform to the requirements of a new Code or other law adopted after development plan approval, and a zoning map change shall not be required. Exceptions are: 1) where the development plan is vested by the appropriate governing body pursuant to the statutory vested rights procedure; and 2) as authorized under Sections 1.7, Previously Approved Subdivisions, and 1.8, Previously Issued Building Permits. Under such exceptions, the site plan or preliminary plat may conform to the approved development plan.
Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/development_code?nodeId=CH12APPE_12.8ZOMACH_12.8.16DEAPDEPLFetched: 11/1/2026