11-56-4: - PERMIT PROCESSING, REZONING AND ADMINISTRATION
A. Processing and Procedures. The standards, permits, procedures, and other requirements of this Code shall be administered and enforced per Zoning Ordinance requirements, unless specifically stated otherwise in this FBC.
B. Text Amendments. Text amendments to this FBC, or to adopted regulating plans, shall be processed in accordance with the procedures and standards found in Chapter 76: Amendments to Zoning Map.
C. Rezoning of Parcels within Adopted Regulating Plans.
1. Parcels within Adopted Regulating Plans - Rezone from One Transect Zone to Another Transect Zone. Amendments to the floating zone (Transect Zones) as shown on Map 11-56-2.A.1 shall be processed in accordance with the procedures and standards in Chapter 76: Amendments to Map.
2. Properties Outside of Adopted FBC Mapped Area(s) - Rezone from a Non-Transect Zone to a Transect Zone.
a. Requests for Transect Zones outside of areas with adopted regulating plans shall include all Smart Growth Community Plan (Chapter 63) requirements when an application includes a request for a regulating plan and the project involves:
i. Parcels of ten (10) acres or greater; or
ii. Parcels designated by City Council as a redevelopment site.
b. Requests for Transect Zones on parcels other than those described by Subsection C(2)(a), above:
i. Parcels or project sites abutting and/or coterminous with an existing regulating plan may request rezoning to a Transect Zone in conformance with Chapter 76: Amendments to Zoning Map in the Zoning Ordinance. Such rezoning to a Transect Zone shall be a natural extension of the standards adopted in the abutting and/or coterminous regulating plan and include the updating of that regulating plan to include the area being rezoned.
ii. Other parcels may request rezoning to a Transect Zone only by determination of the Planning Director that a successful application will result in more complete conformance with goals and objectives as found in the Mesa General Plan, applicable sub-area plans, and other adopted Council policies, than the use of non-Transect Zones and requirements.
D. Conditional Use Permit Procedures. Uses or activities of the FBC requiring an Administrative Use Permit, Council Use Permit, Special Use Permit, or Temporary Use Permit shall be processed according to the requirements of Chapter 70: Conditional Use Permits.
E. Zoning Clearance - Review Process for FBC Compliant Projects.
1. Zoning Clearance Required Before Application for Building Permit. Prior to submitting a building permit, an application for a Zoning Clearance shall be filed with the Development Services Department, who shall then review the project for compliance with the requirements of FBC.
a. Fee Payment. Payment of a fee for this service shall be in accordance with the adopted Planning Division fee schedule.
b. Planning Director Referral. The Planning Director may refer an application to the Design Review Board if, in the Planning Director's judgement, the project meets one (1) or more of the following criteria or otherwise warrants public review:
i. The project has unusual site constraints, infrastructure demands, or design complexities; or
ii. The project represents a major public or private investment with significant potential community or economic impact.
2. Zoning Clearance Issuance. Zoning Clearance is issued after the Planning Director, or designee, determines the project complies with the minimum requirements of the FBC and Design Review, if applicable. Zoning Clearance allows an application to be filed for a construction or a building permit in accordance with Title 4 of the Mesa City Code. Concurrent review of applications for building permit and FBC Zoning Clearance may be requested and allowed upon agreement by both the Planning Director and Building Official.
3. Zoning Clearance Modification. Any modification to an issued Zoning Clearance shall be reviewed according to the review process in Subsection (1) above.
F. Variances. In the event that an applicant believes special circumstances applicable to a property, a variance may be requested in accordance with provisions set forth in Chapter 80: Variances.
G. Administrative Modifications to Form-Based Code Standards.
1. Purpose and Intent. The purpose of this section is to provide an administrative process to allow minor administrative modifications to specific standards of Article 6: Form-Based Code (FBC). The intent of this section is to allow relief when the application of specific FBC standards creates practical difficulties developing the property and to allow flexibility in order to create high quality development while maintaining the intent of the FBC which focuses on physical form rather than the separation of uses as an organizing principle.
2. Process for Requesting Administrative Modification. An applicant may only apply for an administrative modification under this section concurrently with an application for Zoning Clearance, Administrative Use Permit, Special Use Permit, or Council Use Permit. An administrative modification may be requested for a single building or for a specified area. An application for an administrative modification must include a narrative that specifically identifies and describes the administrative modification sought.
3. Eligible Modifications. An administrative modification is limited to and must comply with the following limitations and requirements:
a. No more than a 10% increase to the maximum build-to line.
b. No more than a 10% reduction of a required side and/or rear setback if adjacent to public right-of-way or public open space.
c. No more than a 10% reduction to the required façade within the façade zone.
d. No more than a 20% reduction to the ground floor and upper floor ceiling heights for building types with 12 or less units.
e. A reduction in the required ground floor building transparency if the project is located outside of the Downtown Pedestrian Area (DPA). Any reduction in the required ground floor building transparency shall include pedestrian scale design, building articulations and fenestrations, and superior façade materials such as brick, stone, architectural precast concrete, etc.
f. No more than 10% increase or reduction of any other exterior design feature not specifically stated above.
4. Administrative Decision Process and Review Criteria. An administrative modification can be approved as submitted, approved with conditions or modifications, or denied. The basis for approval or denial will be included in the written decision. An administrative modification shall only be granted if the Planning Director determines that the requested modification strictly complies with Subsection (3) of this Section and conforms to all of the following findings:
a. Conforms to the purpose and intent of the City's General Plan and Zoning Ordinance.
b. Conforms to the intent of the Transect Zone for the proposed development.
c. Does not change the intended building types and form within a Transect Zone.
d. Results in a superior building design standard including pedestrian scale design.
e. Is necessary for the proposed development.
5. Administrative Modification Request Referral. The Planning Director may refer a request for an administrative modification to the Design Review Board for review and recommendation. If referred to the Design Review Board, the applicant shall address the recommendations of the Design Review Board. The Planning Director shall have the final authority to approve the request for administrative modifications. Any request for a modification other than those listed above is considered major and shall follow the processes established in the Zoning Ordinance.
6. Appeals.
a. Process. The applicant, the property owner, or any other person aggrieved by a decision may appeal the Planning Director's decision to the Planning and Zoning Board in accordance with Section 11 -77 of the Zoning Ordinance. If the Planning Director refers the request to the Design Review Board, an applicant or property owner may appeal the Design Review Board decision to City Council in accordance with Chapter 77: Appeals of the Zoning Ordinance.
b. Evaluation of Administrative Modification Appeals. Appeals of an administrative modification decision are reviewed using the same standards and criteria required for the decision.
(Ord. No. 5948, § 1, 7-1-25; Ord. No. 5996, §§ 3, 4, 3-9-26)
