A. Purpose And Scope: To encourage creative and unique design, "alternative equivalent compliance" allows development to occur in a manner that meets or exceeds the intent of this title, yet would do so through an alternative design that does not strictly adhere to this title's standards.
This is not a general waiver of regulations. Rather, this authorizes a site-specific plan that can be quantified as equal to or better than the strict application of the standard listed in this title.
B. Applicability: The alternative equivalent compliance procedure is available only for the following chapters of this title:
1. Chapter 236: "Wireless Communications Facilities";
2. Chapter 335: "Performance Based Standards";
3. Chapter 336: "Performance Standards For Conditional Uses";
4. Chapter 337: "Performance Requirements For Industrial Uses";
5. Chapter 340: "Residential Design Standards";
6. Chapter 348: "Multi-Family Residential Design Standards";
7. Chapter 360: "Commercial And Mixed-Use Design Standards";
8. Chapter 401: "Off-Street Parking And Loading";
9. Chapter 402: "Landscape Standards";
10. Chapter 404: Exterior Lighting;
11. Chapter 405: Access and circulation.
C. Pre-Application Conference Required: An applicant proposing alternative equivalent compliance shall request and attend a pre- application conference (per chapter 201 of this title) prior to submitting application materials for the applicable permit(s) to discuss the project, the applicable code standards, and the proposed method of alternative equivalent compliance. The application should include sufficient explanation and justification, in both written and graphic form, for the requested alternative equivalent compliance.
D. Decision-Making Responsibility: Final approval of any alternative equivalent compliance proposed under this section shall be the responsibility of the decision-making body responsible for the final decision upon the type of application for which the alternative equivalent compliance is being proposed. Administratively approved projects/projects containing uses identified as "permitted" in the land use tables contained in chapter 320 of this title which proposed alternative equivalent compliance methods shall receive written approval of the alternative equivalent compliance from the Director.
E. Criteria: Alternative equivalent compliance may be approved if the applicant demonstrates that the following criteria have been met by the proposed alternative and would:
1. Achieve the intent of the subject standard to the same or higher degree than the subject standard;
2. Advance the goals and policies of the Comprehensive Master Plan and this title to the same or higher degree than the subject standard;
3. Result in benefits to the community that are equivalent to or greater than benefits associated with the subject standard; and
4. Impose no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this title.
F. Effect Of Approval: Alternative compliance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of any other development requests for alternative equivalent compliance. (Ord. 603, 11-1-2018)