Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.20. Alternative Equivalent Compliance
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 2-63
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 by an amount between 50
percent and 75 percent (requests to reduce the required
percentage by more than 75 percent are prohibited);
b.
c.
d.
e.
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 below irrespective of
whether all the required review steps are required for the concurrently
reviewed application.
(Ord. No. 2016-001, 05/10/2016)
C. Alternative Equivalent Compliance Procedure
Figure and the following subsections identify those steps in the
standard review procedure (see 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
Alternative
Equivalent
Compliance
Town Council Review and
Decision
with quasi-judicial public
hearing
Scheduling and Notice of
Meetings
Staff Review and
Recommendation
with DRC review
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
with public comment session
Figure 2.5.20.C
Step is Applicable