Morrisville Unified Development Ordinance - June 2017

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.20. Alternative Equivalent Compliance

The Administrative Adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety. The Administrative Adjustment is consistent with the purpose of the zoning district where located and with the Comprehensive Plan.

(Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-047, 07/28/2015)

2.5.20. Alternative Equivalent Compliance

A. Purpose To encourage creative and unique design, the Alternative Equivalent Compliance procedure allows development to occur in a manner that meets the intent of this Ordinance, yet through an alternative design that does not strictly adhere to the Ordinance’s design standards. This is not a general waiver of regulations. Rather, the procedure authorizes a specific development plan for a particular site that incorporates deviations from certain development design standards, but achieves the intent of the standards from which a deviation is sought to the same or greater degree than what would result from the strict application of the standards. B. Applicability The procedure and standards in this subsection apply to the review of applications for an Alternative Equivalent Compliance, which may be submitted and granted for the following standards:

a. Reductions to the required tree canopy retention percentage in Section 5.4.4, Tree Canopy Retention, by an amount between 50 percent and 75 percent (requests to reduce the required percentage by more than 75 percent are prohibited);

Alternative Equivalent Compliance

Step is Applicable

b. Section 5.8, Access and Circulation;

c. Section 5.9, Building Configuration and Design;

Step is Not Applicable

d. Section 5.10, Parking and Loading

e.

Section 5.12, Landscaping.

Pre-Application Conference

An application for an Alternative Equivalent Compliance may only be submitted and reviewed concurrently with an application for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Major Site Plan Approval, Minor Site Plan Approval, or Construction Plan Approval. The application for an Alternative Equivalent Compliance shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application. C. Alternative Equivalent Compliance Procedure Figure 2.5.20.C and the following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Alternative Equivalent Compliance application and note any specific variations of, or additions to, those review steps. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. (Ord. No. 2016-001, 05/10/2016)

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Planning and Zoning Board Review and Recommendation with public comment session

Town Council Review and Decision with quasi-judicial public hearing

Figure 2.5.20.C

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 2-63