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(a) Purpose. This Section allows greater design flexibility than would otherwise be permitted to more efficiently and effectively achieve the purposes of the FS Overlay. Design flexibility is provided by allowing the substitution of alternate measures for otherwise applicable requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.
(1) The provisions of this Section shall apply only to the standards and requirements of:
(A) Subdivision 82.13.050(h) (Perimeter Access to Fuel-modified and Fire Hazard Areas); and
(B) Subdivision 82.13.050(i)(Length of Cul-de-sacs); and
(C) Subdivision 82.13.050(o) (Building Separation Standards).
(2) Since these alternate measures apply to the standards and requirements that pertain to these three specific design elements, they are intended to be applied to development projects only and not to individual parcel conditions. Therefore, they do not apply to the determination of setbacks for residential construction on individual lots.
(c) Substitution of Alternate Measures for Standards and Requirements.
(1) If alternate measures are proposed, the responsible Fire Authority shall determine, with specific consideration of the effect of the proposed alternate measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel-modified areas.
(2) If the responsible Fire Authority makes a positive determination in compliance with Subdivision (c)(1), above, alternate measures may be substituted for the established standards and requirements if the department, with consideration of the recommendation of the responsible Fire Authority, finds and justifies all of the following:
(A) The approved alternate measures meet the intent of, and serve the same purpose as, the established standard or requirement.
(B) The approved alternate measures provide the same or a greater level of protection or are as effective as the established standard or requirement.
(C) There are clear and substantial reasons for utilizing the alternate measures because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of the FS Overlay.
(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4334, passed - -2017)