Morrisville Unified Development Ordinance - May 2020

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

5. 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 or alternative designs, 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.

Alternative Equivalent Compliance

Step is Applicable

Step is Not Applicable

Pre-Application Conference

(Ord. No. 2018-302-0, 09/11/2018)

Application Submittal and Acceptance

B. Applicability

1. 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 standards in the following sections, only where specifically referenced:

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

a. Section 3.5, Town Center Districts.

b. Section 5.3, Subdivision Blocks, Lots, and Reference Points.

Planning and Zoning Board Review and Recommendation with public comment session

c.

Section 5.4, Tree Protection.

d. Section 5.5, Common Open Space and Recreation Area

e. Section 5.8, Access and Circulation.

f. Section 5.9, Building Configuration and Design.

Town Council Review and Decision with quasi-judicial public hearing

g. Section 5.10, Parking and Loading. h. Section 5.12, Landscaping.

2. 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

Figure 2.5.20.C

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.

(Ord. No. 2016-001, 05/10/2016; Ord. No. 2018-302-0, 09/11/2018)

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.

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-65