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ORDINANCE 2009- 017 <br />f. Uses <br />g. Specific land use criteria <br />h. Public safety <br />(2) That the purpose and intent of the land development regulation being excepted is <br />achieved through a superior or functionally equivalent alternative design and/or <br />through superior or functionally equivalent alternative improvements provided <br />by the development. <br />(3) That the proposed superior or functionally equivalent design and/or <br />improvements includes one or more of the following: <br />a Enhanced development 'features or improvements that provide public <br />benefits that are proportionate to the degree of exception or variation <br />requested. <br />b. Innovative use of new materials, methods, or technologies that result in a <br />better or equivalent quality of development. <br />C. Lav -out that results in a more efficient and/or integrated development <br />pattern. <br />d Plan that reduces environmental impacts or enhances/restores <br />environmental resources. <br />e Plan that provides a better way to meet or exceed the protections offered <br />by the regulation being excepted. <br />(4) That granting the exception and having the development constructed with the <br />superior or functionally equivalent alternative design and/or superior or <br />functionally equivalent alternative improvements will not adversely impact <br />surrounding properties, public facilities, or environmental or historic resources. <br />(C) Procedures for approval by the board of county commissioners. The prosect developer <br />shall apply to the planning division for a permanent exception by filing a permanent <br />exception application form provided by the planning division. The application shall be <br />accompanied by a fee approved by the board of county commissioners and five (5) sets <br />of development plans depicting the proposed superior or functionally equivalent <br />alternative design and/or superior or functionally equivalent improvements. In <br />addition, the applicant shall submit a description of the land development regulation <br />being excepted and the proposed alternative design and/or improvements, an <br />explanation of how the alternative will achieve or exceed the purpose and intent of the <br />regulation being excepted, reasons for the request, and how the request satisfies each of <br />the four findings of fact criteria in sub -section (B), above. <br />(1) Within 30 days of receiving the permanent exception application, the planning <br />division shall schedule a public hearing at which the board of county <br />commissioners shall consider the request. <br />Bold Underline: Additions to Ordinance <br />StFike Deleted Text from Existing Ordinance <br />F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 perex after BCC. RTF <br />