8-6-12: ALTERNATIVE COMPLIANCE:

   A.   Purpose: The purpose of this process is to provide for alternative means in which to meet certain development regulations when explicit compliance is not feasible, or the alternative means is superior to what is required. This Section encourages creative solutions to land use problems. The County recognizes that some specific requirements of this Title do not anticipate all possible situations. Further, the County recognizes that there may be land use proposals that conform to the purpose, intent, and objectives of the regulations in this Title but were not anticipated in the specific regulations. This Section sets forth an alternative method of compliance in the event of these situations.

   B.   Applicability:

      1.   Alternative compliance allows for relief from the following specific requirements set forth in this Title:

         a.   Base and Overlay District Dimensional Standards (Chapter 2) of no more than twenty-five percent (25%) deviation;

         b.   Development Standards (Chapter 3);

         c.   Use Standards (Chapter 4);

         d.   Subdivision Standards (Chapter 5); and

         e.   Master Site Plan Standards (Section 8-6-19).

      2.   Requests for alternative compliance are allowed only if at least one (1) of the following conditions exist:

         a.   Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;

         b.   The site involves space limitations or an unusually shaped lot;

         c.   Safety considerations make alternative compliance desirable;

         d.   Other regulatory agencies or departments having jurisdiction require standards that conflict with the requirements of this Title;

         e.   Additional environmental quality improvements would result from alternative compliance.

   C.   Initiation:

      1.   Alternative compliance applications shall be submitted to the Director.

      2.   An application for alternative compliance shall be submitted upon a determination that a project does not comply with specific provisions of this Title.

      3.   The application shall specify:

         a.   The specific requirements that are proposed to be modified;

         b.   The reasons for the modification; and

         c.   A demonstration of how the alternative means for compliance meets the requirements' intended purpose.

   D.   Completeness: See 8-6-5.

   E.   Notice: At least fifteen (15) days before rendering a decision, the Director shall provide written notice to all applicable agencies, political subdivisions, and property owners in accordance with Section 8-6-8.

   F.   Decision: The Director shall apply the standards listed in subsection B of this Section and the findings listed in subsection G of this Section to review the request for alternative compliance.

   G.   Required Findings: To grant approval for an alternative compliance application, the Director shall find that:

      1.   Strict adherence or application of the requirements are not feasible; or

      2.   The alternative compliance provides an equal or superior means for meeting the requirements; and

      3.   The alternative compliance is not materially detrimental to the public welfare and does not impair the intended uses and character of surrounding properties.

   H.   Appeals: See Section 8-6-13.

   I.   Scope Of Approval: Alternative compliance does not establish precedent for acceptance in other cases.

(Ord. 1002, 10-28-2025)