All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(E).
This Subsection 14-16-6-7(E) applies to all applications to amend the text of this IDO to adopt or amend the boundaries of a small area, including any Overlay zone established in Part 14-16-3 or any small area established in Section 14-16-4-3 (Use-specific Standards), Part 14-16-5 (Development Standards), or Part 14-16-6 (Administration and Enforcement), and/or to adopt or amend specific regulations that will apply in a small area, except for any of the following:
6-7(E)(1)(a) Applications to create or amend a Historic Protection Overlay zone boundary, the text of an HPO zone, or any standard in this IDO that specifically applies to an HPO zone, which are processed pursuant to Subsection 14-16-6-7(C).
6-7(E)(1)(b) Applications to create or amend Historic Design Standards and Guidelines, which are processed pursuant to Subsection 14-16-6-6(E).
6-7(E)(1)(c) Applications to change the zone district of any properties in a small area, which are processed pursuant to Subsection 14-16-6-7(G) (Zoning Map Amendment - EPC) or Subsection 14-16-6-7(H) (Zoning Map Amendment - Council), as applicable.
6-7(E)(2)(b) If the proposed amendment includes any change to any IDO regulation that applies within an HPO zone boundary (as opposed to an amendment to the boundaries or Historic Design Standards and Guidelines applicable in a specific HPO zone, which would be processed pursuant to Subsection 14-16-6-6(E)), the Historic Preservation Planner shall review and submit staff comments to the EPC.
An application for an Amendment to IDO Text - Small Area shall be approved if it meets all of the following criteria.
6-7(E)(3)(a) The proposed small area amendment is consistent with the health, safety, and general welfare of the city as shown by furthering (and not being in conflict with) a preponderance of applicable Goals and Policies in the ABC Comp Plan, as amended, and other applicable plans adopted by the City.
6-7(E)(3)(b) If the proposed small area amendment is located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended), the applicant has demonstrated that the proposed amendment would clearly reinforce or strengthen the established character of the surrounding Area of Consistency and would not allow development that is significantly different from that character. The applicant must also demonstrate that the existing zoning regulations are inappropriate because they meet any of the following criteria.
1. There has been a significant change in neighborhood or community conditions affecting the small area.
2. The proposed zoning regulations are more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plan(s).
1. There has been a significant change in neighborhood or community conditions affecting the small area that justifies this request.
2. The proposed zoning regulations are more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plan(s).
6-7(E)(3)(d) If the proposed amendment changes allowable uses, the proposed amendment does not allow permissive uses that would be harmful to adjacent property, the neighborhood, or the community, unless the Use-specific Standards in Section 16-16-4-3 associated with that use will adequately mitigate those harmful impacts.