§ 1.5. - ALTERNATIVE EQUIVALENT COMPLIANCE.
1.5.1. Purpose and Scope.
To encourage creative and original design, and to accommodate projects where the particular site conditions or the proposed use prevent strict compliance with this Subchapter, alternative equivalent compliance allows development to occur in a manner that meets the intent of this Subchapter, yet through an alternative design that does not strictly adhere to the Subchapter's standards. The procedure is not a general waiver of regulations. Alternative equivalent compliance shall not be used when the desired departure from the standards of this Subchapter could be achieved using the minor modification process in Section 1.4.
1.5.2. Applicability.
The alternative equivalent compliance procedure shall be available only for the following sections of this Subchapter:
A. Section 2.2, Relationship of Buildings to Streets and Walkways;
B. Section 2.3, Connectivity Between Sites;
C. Section 2.5, Exterior Lighting;
D. Section 2.7, Private Common Open Space and Pedestrian Amenities;
E. Section 2.8, Shade and Shelter; and
F. Article 3, Building Design Standards.
1.5.3. Procedure.
The applicant may select at his or her discretion whether to seek an informal recommendation or a formal approval on a proposal for alternative compliance.
A. Option One: Informal Recommendation.
1. Pre-Application Conference Required. If an applicant desires only an informal response and recommendation as to a proposal for alternative compliance, he or she shall request and attend a pre-application conference prior to submitting the site plan and/or building permit application for the development. At the conference, the applicant shall provide a written summary of the project and the proposed alternative compliance, and the Director shall offer an informal, non-binding response and recommendation regarding the appropriateness of the proposed alternative. Based on that response, the applicant may prepare a site plan and/or building permit application that proposes alternative compliance, and such application shall include sufficient explanation and justification, in both written and graphic form, for the alternative compliance requested.
2. Decision-Making Responsibility. Final approval of any alternative compliance proposed under this section shall be the responsibility of the decision-making body responsible for deciding upon the application. The final decision-making body for site plans is either the Director or the appropriate Land Use Commission, as specified in Chapter 25-5, and the building official for building permits.
3. Decision by Director. If an Alternative Equivalent Compliance proposal is submitted under this subsection the Director shall review the concept plan for compliance with the criteria in Section 1.5.4. and shall approve, approve with conditions, or deny the concept plan in writing.
B. Option Two: Formal Decision.
1. Pre-Application Conference. If an applicant desires formal approval of a proposal for alternative compliance, he or she shall request and attend a pre-application conference prior to submitting the site plan and/or building permit application for the development.
2. Alternative Compliance Concept Plan Required. At least ten days prior to the pre-application conference, the applicant shall submit an alternative compliance concept plan application to the Director, which shall include:
a. A written description of and justification for the proposed alternative method of compliance, specifically addressing the criteria in Section 1.5.4.; and
b. A concept plan that describes and illustrates, in written and graphic format, the intended locations and quantities of proposed buildings on the site, the layout of proposed vehicle and pedestrian access and circulation systems, and areas designated to meet requirements for open space, parking, on-site amenities, utilities, and landscape. The concept plan shall describe the site's topography and shall provide a general description of environmental characteristics to assist in determining compliance with this Subchapter. If alternative compliance is requested from the standards of Article 3, Building Design, the concept plan also shall include descriptions and illustrations of the proposed building design elements that would not comply with the standards of this Subchapter.
3. Decision by Director. If an Alternative Equivalent Compliance proposal is submitted under this subsection the Director shall review the concept plan for compliance with the criteria in Section 1.5.4. and shall approve, approve with conditions, or deny the concept plan in writing.
4. Expiration of Alternative Compliance Concept Plans.
a. An approved alternative compliance concept plan shall expire if three years pass following its approval and no building permit that implements the concept plan has been issued.
b. One, one-year extension may be issued by the Director provided that a written request has been received prior to the expiration of the concept plan, and the Director has determined that no major changes in the city's development standards, or changes in the development pattern of the surrounding properties, have occurred.
5. Effect of Approval. Written approval of an alternative compliance concept plan does not authorize any development activity, but rather authorizes the applicant to prepare a site plan and/or building permit application that incorporates the approved alternative compliance, and authorizes the decision-making body (either the Land Use Commission or the Director for site plans, and the building official for building permits) to review the site plan and/or building permit application for compliance with the alternative compliance concept plan, in addition to all other applicable requirements. The site plan and/or building permit application shall include a copy of the approved alternative compliance concept plan.
6. Amendments to Alternative Compliance Concept Plans.
a. Minor amendments to any approved alternative compliance concept plan may be approved, approved with conditions, or denied administratively by the Director. For purposes of this provision, minor amendments are those that do not result in:
(i) An increase of 10 percent or more in the amount of square footage of a land use or structure;
(ii) A change in the types of uses in the project;
(iii) An increase or decrease of 20 percent or more in the number of dwelling units in the project; or
(iv) A change that would bring the project out of compliance with any requirement or regulation set forth in the City Code outside this Subchapter unless a variance to or waiver from such requirement or regulation is obtained.
b. Amendments that are not determined by the Director to be minor amendments under subsection a. above shall be deemed major amendments. The applicant may seek approval of a major amendment by re-submitting the original approved plan along with the proposed amendment to the Director for review in the same manner prescribed in subsection B.2. above.
c. If any site plan and/or building permit application includes a major amendment from the terms of the approved concept plan that has not been approved by the Director, the concept plan shall be void and the application shall be reviewed for compliance with the standards of this Subchapter and all other applicable requirements.
1.5.4. Criteria.
Alternative equivalent compliance may be approved only if the applicant demonstrates that the following criteria have been met:
A. The proposed alternative achieves the intent of the subject Article of this Subchapter from which the alternative is sought; or
B. The proposed alternative achieves the intent of the subject Article of this Subchapter from which the alternative is sought to the maximum extent practicable and is necessary because:
1. Physical characteristics unique to the subject site (such as, but not limited to, slopes, size, shape, and vegetation) make strict compliance with the subject standard impracticable or unreasonable;
2. Physical design characteristics unique to the proposed use or type of use make strict compliance with the subject standard impracticable or unreasonable; or
3. An undue financial hardship would be created for a development less than 10,000 square feet without any exterior trademark design feature.
1.5.5. Effect of Approval.
Alternative compliance shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.
Source: Ord. 20060831-068; Ord. 20130606-088.
