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(G).
6-7(G)(1)(a) This Subsection 14-16-6-7(G) applies to any application that would:
1. Amend the Official Zoning Map to change land to the NR-PO-B zone district, regardless of the number of gross acres or designation of Area of Change or Area of Consistency (as shown in the ABC Comp Plan, as amended).
2. Amend the Official Zoning Map to change less than 10 gross acres of land located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended) to a zone district other than NR-PO-B.
3. Amend the Official Zoning Map to change less than 20 gross acres of land located entirely in an Area of Change (as shown in the ABC Comp Plan, as amended) to a zone district other than NR-PO-B.
4. Not create or amend any text or map of any small area, which is processed pursuant to Subsection 14-16-6-7(E) (Amendment to IDO Text - Small Area), or Historic Protection Overlay zone, which is processed pursuant to Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).
6-7(G)(1)(b) An application to amend the Official Zoning Map by any entity other than the City may not be submitted within 1 year after the date of final action by the City denying or approving (with or without conditions) a prior application to amend the Official Zoning Map with the same requested change.
6-7(G)(2)(b) If the application is for a zone change to an MX-FB, NR-SU, or PD zone district, the associated Site Plan - EPC shall be reviewed and decided simultaneously pursuant to all applicable provisions of Subsection 14-16-6-6(J) (Site Plan - EPC). A denial of either requested action shall result in the denial of all associated requests.
6-7(G)(2)(d) If the application is for a zone change from an NR-BP zone district to another zone district, and the subject property is within an area with an approved Master Development Plan, the applicant may amend the Master Development Plan pursuant to Subsection 14-16-6-4(Y)(3) (Major Amendments) concurrently to remove the subject property from the Master Development Plan boundary or to add standards to the Master Development Plan relating to the subject property.
1. The City may impose a condition for the applicant to amend the Master Development Plan.
2. If no amendment to the Master Development Plan is made, the property will continue to be subject to relevant standards in the Master Development Plan in addition to any standards applicable to the new zone district.
6-7(G)(2)(f) If the Zoning Map Amendment will result in a zone boundary that does not coincide with a lot line (i.e. create a floating zone line), the applicant shall obtain a Subdivision of Land - Minor or a Subdivision of Land - Major, as applicable, to establish lot lines that coincide with the zone boundary before a zoning certificate will be issued.
6-7(G)(2)(g) A final decision by EPC can be protested pursuant to Subsection 14-16-6-7(H)(1)(b), in which case, the application shall proceed through the process set forth in Subsection 14-16-6-7(H)(2)(j).
6-7(G)(2)(h) If the Zoning Map Amendment is approved, the applicant may develop with an approved Site Plan, pursuant to the applicability, procedures, and criteria in Subsections 14-16-6-5(G) (Site Plan - Administrative) or 14-16-6-6(J) (Site Plan - EPC) and the requirements for that zone district.
An application for a Zoning Map Amendment shall be approved if it meets all of the following criteria.
6-7(G)(3)(b) If the subject property 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 new zone would clearly reinforce or strengthen the established character of the surrounding Area of Consistency and would not permit development that is significantly different from that character. The applicant must also demonstrate that the existing zoning is inappropriate because it meets any of the following criteria.
1. There was typographical or clerical error when the existing zone district was applied to the property.
2. There has been a significant change in neighborhood or community conditions affecting the site.
3. A different zone district is 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 was typographical or clerical error when the existing zone district was applied to the property.
2. There has been a significant change in neighborhood or community conditions affecting the site that justifies this request.
3. A different zone district is 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(G)(3)(d) The requested zoning does not include permissive uses that would be harmful to adjacent property, the neighborhood, or the community, unless the Use-specific Standards in Section 14-16-4-3 associated with that use will adequately mitigate those harmful impacts.
1. Have adequate capacity to serve the development made possible by the change of zone.
2. Will have adequate capacity based on improvements for which the City has already approved and budgeted capital funds during the next calendar year.
3. Will have adequate capacity when the applicant fulfills its obligations under the IDO, the DPM, and/or an Infrastructure Improvements Agreement (IIA).
4. Will have adequate capacity when the City and the applicant have fulfilled their respective obligations under a City-approved Development Agreement between the City and the applicant.
6-7(G)(3)(h) The Zoning Map Amendment does not apply a zone district different from surrounding zone districts to one small area or one premises (i.e. create a "spot zone") or to a strip of land along a street (i.e. create a "strip zone") unless the requested zoning will clearly facilitate implementation of the ABC Comp Plan, as amended, and at least 1 of the following applies.
1. The subject property is different from surrounding land because it can function as a transition between adjacent zone districts.
2. The subject property is not suitable for the uses allowed in any adjacent zone district due to topography, traffic, or special adverse land uses nearby.
3. The nature of structures already on the subject property makes it unsuitable for the uses allowed in any adjacent zone district.