6-4(O)   DEVIATIONS

When an application is submitted, the applicant may request a deviation to IDO Standards, up to the limits listed in Table 6-4-1.

Table 6-4-1: Allowable Deviations
Standard	Maximum Allowable Deviation (Cumulative of Earlier Approved Deviations)
	General	Lot ≤10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change
Lot size, minimum	10%
Lot width, minimum	10%
Front setback, minimum	15%
Side setback, minimum	15%	50%
Rear setback, minimum	10%	50%
Building height, maximum	10%
Off-street parking spaces, minimum	5%	15%
Wall and fence height	6 in.
Any other numerical standard	10%
Any standard cited in an application for “reasonable accommodation” or “reasonable modification” under the federal Fair Housing Act Amendments of 1998 (or as amended)	The minimum deviation necessary to comply with the federal Fair Housing Act

 

6-4(O)(1)   For standards in the following subsections, requests for deviations beyond these thresholds or to standards not included in Table 6-4-1 will be reviewed and decided as Waivers pursuant to the following:

   6-4(O)(1)(a)   Subsection 14-16-6-6(P) (Waiver - DHO) for deviations from standards Section 14-16-5-3 (Access and Connectivity), Section 14-16-5-4 (Subdivision of Land), Section 14-16-5-5 (Parking and Loading), except for the following standards:

      1.   Subsection 14-16-5-5(F)(2)(a)3, which requires a Permit - Carport for carports in any front or side setback pursuant to Subsection 14-16-6-6(G).

      2.   Standards related to front yard parking in Subsection 14-16-5-5(F)(1)(a)6, Subsection 14-16-5-5(F)(2)(a)2, or Table 5-5-6, which require a Variance - ZHE pursuant to Subsection 14-16-6-6(O).

   6-4(O)(1)(b)   Subsection 14-16-6-6(Q) (Waiver - Wireless Telecommunications Facility) for deviations from IDO standards applicable to the erection or installation of a WTF.

6-4(O)(2)   For all other IDO standards, requests for exceptions beyond these thresholds will be reviewed and decided as Variances pursuant to the following:

   6-4(O)(2)(a)   Subsection 14-16-6-6(N) (Variance - EPC) for exceptions to all other IDO standards associated with a Site Plan - EPC.

   6-4(O)(2)(b)   Subsection 14-16-6-6(N) (Variance - EPC) for exceptions to the following VPO standards:

      1.   Coors Boulevard - VPO-1

         a.   Subsection 14-16-3-6(D)(3) (Setback Standards)

         b.   Subsection 14-16-3-6(D)(4)(b) (Building and Structure Height (View Plane))

      2.   Northwest Mesa Escarpment - VPO-2

Subsection 14-16-3-6(E)(4) (Building and Structure Height in VPO-2 Height Restrictions Sub-area)

   6-4(O)(2)(c)   Subsection 14-16-6-6(O) (Variance - ZHE) for exceptions to all other IDO standards associated with a Site Plan - Administrative.

6-4(O)(3)   The relevant decision-making body identified in Table 6-1-1 may approve a requested deviation that is within the limits listed in Table 6-4-1 if that decision-making body determines that all of the following requirements are met.

6-4(O)(3)(a)   The applicant's site is subject to site constraints not generally shared by surrounding properties or the site was platted or developed in an unusual pattern when compared to abutting properties (e.g. the property was developed with orientation or access facing a different street than abutting lots) that would prevent the development of a permissive land use in a type of structure generally found on sites of a similar size in the surrounding area.

6-4(O)(3)(b)   The site constraints were not created by the actions of the property owner or another interested party.

6-4(O)(3)(c)   The request is for a single site and is not part of a pattern of similar requests for adjacent properties or for nearby sites by the same property owner or within the same subdivision, Framework Plan area, or Master Development Plan area.

6-4(O)(3)(d)   The approval of the requested deviations will not cause material adverse impacts on surrounding properties.

6-4(O)(3)(e)   The requested deviation is not for an Overlay zone standard, and the approval of any requested deviation will not result in a violation of any Overlay zone standard.

6-4(O)(4)   In the case of a request for "reasonable accommodation" or "reasonable modification" under the federal Fair Housing Act Amendments of 1998 (or as amended), the criteria in Subsections (a), (b), (c), (d), and (e) above do not need to be met, and the relevant decision-making body shall approve any deviation necessary to comply with the requirements of the federal Fair Housing Act Amendments.

6-4(O)(5)   Any deviations granted that are associated with a Site Plan or Subdivision Plat shall be noted on the approved Site Plan or Subdivision Plat.