Morrisville Unified Development Ordinance - September 2023.2

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.21. Alternative Equivalent Compliance

D. Administrative Adjustment Review Standards An application for an Administrative Adjustment shall be approved only if the Planning Director determines that the adjustment falls within the limitations in Table 2.5.19.B, Allowable Administrative Adjustments, and that: 1. The Administrative Adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible development. 2. Any adverse impacts resulting from the Administrative Adjustment will be mitigated to the maximum extent practicable. 3. The Administrative Adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either: a. Required to compensate for some unusual aspect of the development site or the proposed development that is not shared by landowners generally (e.g. lot size or configuration);

b. Proposed to protect sensitive natural resources or save healthy existing trees;

c. Required to eliminate a minor inadvertent failure to fully comply with a standard;

d. Required due to natural conditions, such as watercourses, riparian buffers, natural rock formations, or topography;

e. Needed for infill development or redevelopment on small lots; or

f. Required due to the presence of existing utilities or other easements.

4. 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. 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)

2.5.21. 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.

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

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:

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 5.5, Common Open Space and Recreation Area

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-61