After the City issues an approval under this IDO, the approval may be amended as described in this Subsection 14-16-6-4(Y).
6-4(Y)(1)(a) This Subsection 14-16-6-4(Y) addresses applications for amendments to permits, approvals, or plans that comply with all Use-specific Standards in Section 14-16-4-3, all Development Standards in Part 14-16-5 (Development Standards), and all DPM standards applicable to the development. If the applicant is requesting an amendment that would require a Waiver or Variance from any of these standards, a separate request must be submitted pursuant to the relevant procedure, as follows:
1. Subsection 14-16-6-6(P) (Waiver - DHO) for exceptions to any standards in Section 14-16-5-4 (Subdivision of Land), Section 14-16-5-3 (Access and Connectivity), Section 14-16-5-5 (Parking and Loading), except the following:
a. Standards in Subsection 14-16-5-5(F)(2)(a)3, which require a Permit - Carport for carports in any front or side setback pursuant to Subsection 14-16-6-6(G).
b. 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).
2. Subsection 14-16-6-6(Q) (Waiver - Wireless Telecommunications Facility) for deviations from IDO standards applicable to the erection or installation of a WTF.
3. Subsection 14-16-6-6(N) (Variance - EPC) for exceptions to any IDO standard other than those listed in Subsections 1 and 2 above for approvals associated with a Site Plan - EPC.
4. Subsection 14-16 6-6(O) (Variance - ZHE) for exceptions to any IDO standard other than those listed in Subsection 1 and 2 above for any approval other than a Site Plan - EPC.
6-4(Y)(1)(b) Amendments to Policy Decisions (as listed in Table 6-1-1) shall be reviewed pursuant to the relevant requirements in Section 14-16-6-7.
6-4(Y)(1)(c) Approvals granted prior to the effective date of this IDO may be amended by the procedures in Subsection 14-16-6-4(Z).
1. The amendment is necessary because of site conditions or user requirements that were not known, and could not reasonably have been known, at the time the City approved the approval that is proposed to be amended, and that were not created by the actions of the owner of the property.
2. The amendment does not increase or decrease the dimension of any standard beyond the thresholds allowed as minor amendments pursuant to Table 6-4-4 (cumulative of any earlier deviations or amendments).
3. The amendment does not decrease the total amount of open space in the development and does not reduce the size of any open space abutting a lot containing a residential use.
4. The amendment does not reduce any building setback adjacent to development containing residential uses by any amount.
5. The amendment does not increase the maximum number of residential dwelling units in the development from that shown in the existing permit, approval, or plan. If the property is located in a DT-UC-MS-PT area, the amendment does not decrease the required number of residential dwelling units in the development from that shown in the existing permit, approval, or plan.
6. The amendment does not adjust a building design standard unless doing so improves the perception of building quality, variety, durability, and articulation when viewed from adjacent streets and abutting properties.
7. The amendment does not reduce the amount of total landscaping installed on the subject property or the amount of screening or buffering required on portions of the site abutting any property containing residential dwelling units and does not waive or weaken any other landscaping or buffering requirement unless the ZEO determines that alternative building design elements included in the amendment improve the visual quality and screening and buffering effect of landscaping as viewed from adjacent streets and public areas.
8. The amendment does not increase the traffic accessing the subject property from local streets and does not increase or decrease the number of through streets, sidewalks, trails, or trail connections passing through the property or connecting to or designed to connect to abutting properties.
9. The amendment does not require major public infrastructure, significant changes to access to the subject property, or a traffic impact study, which would warrant additional review by the original decision-making body.
10. The amendment does not change a specific condition attached by a decision-making body listed in Table 6-1-1 to a prior development permit, approval, or plan for or including the subject property. For example, a specific condition attached to a prior approval requiring additional buffering to mitigate development impacts shall not be removed through a minor amendment process.
11. The amendment does not affect a property in an Overlay zone as regulated pursuant to Part 14-16-3, in which case amendments may be granted per the original approval process for the Site Plan governing the site.
12. The amendment does not approve any land use that was not authorized by the permit or approval or that is not allowed by right on the subject property.
13. The amendment does not expand a nonconformity as regulated per Section 14-16-6-8 (Nonconformities).
6-4(Y)(2)(b) If the Planning Director determines that an amendment warrants review by the decision-making body that issued the permit or approval being amended, the amendment shall be reviewed and approved pursuant to Subsection 14-16-6-4(Y)(3) (Major Amendments).
1. Applications to amend an Administrative Decision (as listed in Table 6-1-1) may be approved by the same administrative body that made the decision being modified, provided that the administrative body determines that all of the criteria in Subsection 14-16-6-4(X)(2)(a) have been met.
2. Applications to amend a Decision Requiring a Public Hearing (as listed in Table 6-1-1) may be approved by the ZEO provided that the ZEO determines that all of the criteria in Subsection 14-16-6-4(X)(2)(a) have been met.
3. Applications to amend an approved Site Plan - DRB may be approved by the ZEO provided that the ZEO determines that all of the criteria in Subsection 14-16-6-4(X)(2)(a) have been met.
Standard | Maximum Threshold (Cumulative of Earlier Approved Deviations and/or Amendments) | |
General | Lot ≤10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change | |
Standard | Maximum Threshold (Cumulative of Earlier Approved Deviations and/or Amendments) | |
General | Lot ≤10,000 sq. ft. in any Mixed-use or Non-residential zone district in an Area of Change | |
Building gross floor area | 10%
| |
Front setback, minimum
| 15%
| |
Side setback, minimum
| 15%
| 50% |
Rear setback, minimum
| 10%
| 50% |
Building height, maximum
| Increase: 10% Decrease: any amount
| |
Wall and fence height | 6 in. | |
Any other numerical standard | 10% | |
Any addition or revision that would otherwise be decided as a Permit – Sign, Permit – Wall or Fence – Minor, or Site Plan – Administrative | Any amount that meets requirements specified in the approved Permit or Site Plan or, if the Permit or Site Plan is silent, the IDO | |
All rooftop installations and ground-mounted installations of solar or wind energy generation on premises less than 5 acres | Any amount to accommodate the installation that does not affect the ability to meet requirements specified in the approved Site Plan or, if the Site Plan is silent, the IDO | |
All additions or modifications of battery storage on premises less than 5 acres | Any amount to accommodate the addition that does not affect the ability to meet requirements specified in the approved Site Plan or, if the Site Plan is silent, the IDO | |
Changing the site layout of an electric facility other than an electric generation facility | Any amount to accommodate the change that does not affect the ability to meet requirements specified in the approved Site Plan or, if the Site Plan is silent, the IDO | |
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 Amendments | |
6-4(Y)(3)(a) All amendments to permits or approvals that do not qualify as minor amendments under Subsection (2) above may only be approved by the decision-making body that issued the permit or approval being amended, following the same procedure (including the payment of a new application fee, new process of staff referral, and any required public notice or public hearing) used to issue the original permit or approval.
6-4(Y)(3)(c) For decisions made by the Development Review Board, the procedures for the most closely equivalent decision in Part 14-16-6 (Administration and Enforcement) shall be followed, including any required application fee, public notice, referral to commenting agencies, and public meeting or hearing.
1. Major amendments to a Site Plan - DRB shall be reviewed and decided by City staff as a major amendment to a Site Plan - Administrative.
2. Major amendments to a Subdivision shall be reviewed and decided by the DHO as a major amendment of a Subdivision of Land - Bulk Land, Subdivision of Land - Minor, or Subdivision of Land - Major, as relevant.