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........... <br /> it_ <br /> C. City Council Action.Alternative compliance requests expressly b. Includes Improvements either on-site or within the <br /> determined by this Code to be decided by the City Council shall public rights-of-way to mitigate any such adverse <br /> first receive a recommendation by the Planning and Zoning impacts. <br /> Commission then follow the procedure below. <br /> 6. The request shall not have the effect of preventing <br /> 1. The City Council shall conduct a public hearing on the the orderly use and enjoyment of other property <br /> application in accordance with Section 2.3.3.1. within the area in accordance with the provisions <br /> of this Development Code, or adversely affect the <br /> 2. The City Council shall decide whether to approve,approve rights of owners or residents of adjacent property or <br /> with conditions or modifications, or deny the application. neighborhoods; <br /> 3. Conditions.The City Council may require such 7. The request shall not result in any incompatibility of the <br /> modifications to the proposed alternative compliance development to which it relates with, or the character and <br /> request and attach such conditions deemed necessary integrity of, adjacent property or neighborhoods; and <br /> to mitigate adverse effects of the proposed alternative <br /> compliance and to carry out the spirit and intent of this 8. The request meets the standards for the applicable <br /> Section. zoning district, or to the extent deviations from such <br /> standards have been requested,that such deviations <br /> Section 2.8.4.4Criteria for Approval are necessary to render the subject development or <br /> A. Factors.When considering an application for alternative Improvement compatible with adjacent development or the <br /> compliance,the Planning and Zoning Commission or City neighborhood. <br /> Council where applicable shall evaluate the impact of the Section 2.8.4.5Expiration and Revocation <br /> proposed alternative compliance on and its compatibility with <br /> surrounding properties to ensure the appropriateness of the A. Time of Expiration.An approved alternative compliance shall <br /> requested alternative compliance for the particular location, and expire if: <br /> shall consider the extent to which: <br /> 1. A building permit, if any, utilizing the alternative <br /> 1. The request is consistent with the policies embodied in the compliance has not been applied for of approved within <br /> adopted Comprehensive Plan; one year of the date of approval of the alternative <br /> 2. The request is consistent with the general purpose, intent compliance; <br /> and character of the development regulations applicable to 2. The building permit or application subsequently expires; <br /> the property; <br /> 3. The subject development, improvement or construction or <br /> 3. There are special circumstances or conditions arising from use thereof has been discontinued for a period exceeding <br /> the physical surroundings, shape,topography or other six months; or <br /> features affecting the subject property; <br /> 4. A termination date attached to the alternative compliance <br /> 4. The request is detrimental to the public health,safety or has passed. <br /> welfare,or injurious to other property within the area; <br /> B. Revocation.Alternative compliance may be revoked by <br /> 5. The request either: the decision maker for failure to comply with any standard, <br /> a. Does not have an adverse impact upon adjacent <br /> requirement or condition thereof in accordance with the <br /> procedures in Section 2.3.7.5. <br /> property or neighborhoods, including but not limited <br /> to, parking,traffic, noise, odors, visual nuisances, <br /> and drainage; or <br /> 2:56 Amended:September 1, 2020 <br />