Morrisville Unified Development Ordinance – September 2018

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

Alternative Equivalent Compliance

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)

Step is Applicable

2.5.20. Alternative Equivalent Compliance A. Purpose

Step is Not Applicable

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. (Ord. No. 2018-302-0, 09/11/2018) 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 standards in the following sections, only where specifically referenced: a. Section 3.5, Town Center Districts. b. Section 5.3, Subdivision Blocks, Lots, and Reference Points. c. Section 5.4, Tree Protection. d. Section 5.8, Access and Circulation. e. Section 5.9, Building Configuration and Design. f. Section 5.10, Parking and Loading. g. Section 5.12, Landscaping.

Pre-Application Conference

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

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. (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. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

Morrisville, NC

September 25, 2018

Unified Development Ordinance

Page 2-63