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OINA ...2.?~t;~-- ~~. AN ORDINANCE TO AMEND CHAPTER 40.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTIONS 40.1-3.5(C) AND (E)(5) THEREOF PERTAINING TO THE APPROVAL PROCESS FOR CHANGES TO DEVELOPMENT PLANS WITHIN THE MXlEMP ZONING DISTRICTS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That it hereby amends Sections 40.1-3,5 (C) and (E)(5) of the Code of the City of Portsmouth, Virginia (2006) to read as follows: Sec. 40.1-3.5. Activity Center (AC) Zoning Districts. (C) Relationship to MX!EMP Districts, Lands designated as Mixed-Use/Employment Center (MX!EMP) on April 30, 2010 are subject to the regulations, standards and conditions included within the previously-adopted zoning ordinance, master plans and other requirements related to their approval. These developments may proceed subject to their original approvals in accordance with Section 40,1-1,8, Transitional Rules, In the event a modification to development within these districts is proposed, the provisions of Section 40.1- 3,5(E) (5) shall apply, In the event the development approval associated with a MX!EMP zoning district expires, the remaining provisions of Section 40.1-3.5 shall apply, (E) Procedure. (5) (a) Amendment to Master Plan or Statement of Design Standards Amendments (i) General If an applicant determines it is necessary to alter the concept or intent of the master plan or statement of design standards, the master plan or statement shall be amended, extended, or modified only in accordance with the procedures and standards for its original approval. (ii) Amendments Defined The following items are considered an alteration of the concept or intent of the master plan or statement of design standards and are treated as an amendment: a, Changes in use designations; b, Density/intensity increases; c. Decreases in open space; d. Change in the location of any public easement;