§ 2205. Alternative compliance.

(a)

This section sets forth the procedures and standards for Alternative Compliance under which the City Council may grant special exceptions to allow the development of new uses or structures that do not conform to the uses or forms of development, including signs, otherwise permitted under this Article.

(b)

Applications for special exceptions seeking Alternative Compliance shall be filed with the Planning Director. There shall be a fee in the amount set forth in section 107.1. The Planning Director shall review applications in light of the applicable standards set forth in this section and may solicit the comments of the Central Business District Association Design Review Committee thereof in connection with such review. Upon completion of such review, the Planning Director shall report his findings and recommendations concerning the application, in writing, to the Planning Commission. Applications shall be the subject of public hearings before the Planning Commission and the City Council in accordance with the procedures prescribed in section 221.

(c)

Alternative Compliance Applications shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development:

(1)

Advances the stated goals and objectives of the Pembroke Strategic Growth Area Plan and the applicable policies of the Comprehensive Plan;

(2)

Is consistent with, or demonstrably superior in design and quality to, the applicable provisions of the Central Business Core District Design Guidelines.

The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and other properties in the remainder of the Central Business Core District and the extent to which any adverse impacts from such deviation can be mitigated.

(d)

The City Council may attach reasonable conditions of approval to an application seeking Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional or other impacts of the deviation from the provisions of this Article or to promote compliance with the goals and objectives of the Pembroke SGA Plan and this Article.

(e)

Nothing in this section shall be construed to impair the right of any proper party to apply to the Board of Zoning Appeals for a variance from any of the development standards set forth in this Article.

(Ord. No. 3327, 2-25-14)

(Ord. No. 3327, 2-25-14)