(1) Purpose
Alternative equivalent compliance is a procedure that allows applicants to propose unique design options as an alternative to a development standard established in this code provided it meets or exceeds the intent of the design-related provisions of this code. It is not a variance, waiver or weakening of regulations; rather, this procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this code. Alternative equivalent compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.
(2) Applicability
The alternative equivalent compliance procedure shall be available only for the following sections of this code:
(a) § 154.05(C) RA Old Tippecanoe City Restoration and Architectural District Overlay District;
(b) § 154.07(B) Outdoor Lighting;
(c) Section 154.08: Architectural Standards;
(d) Section 154.09: Landscaping Standards; and
(e) Section 154.10: Parking, Access, and Mobility Standards.
(3) Initiation
(a) Pursuant to § 154.03(B)(1), any person having authority to file applications may initiate an application for an alternative equivalent compliance.
(b) A request for alternative equivalent compliance shall be made concurrently with a site plan review or a certificate of appropriateness application, whichever is applicable.
(4) Alternative Equivalent Compliance Review Procedure
The review procedure for any alternative equivalent compliance application shall be as follows:
(a) Step 1 - Application
The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(b) Step 2 - Review and Decision
(i) Any alternative equivalent compliance application related to the RA district shall be reviewed by the Restoration Board concurrently with, and in the same manner as, the related COA application. See § 154.03(E)(5).
(ii) Any alternative equivalent compliance application related to other standards outside of the RA district shall be reviewed concurrently with, and in the same manner as, the related site plan. Such application shall be reviewed by the Planning Board in accordance with § 154.03(F)(6).
(5) Review Criteria
Decisions on an alternative equivalent compliance application shall be based on consideration of the following criteria:
(a) That the proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;
(b) That the proposed alternative achieves the goals and policies of the comprehensive plan to the same or better degree than the subject standard;
(c) That the proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and
(d) That the proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this code.
(6) Conditions
The reviewing authority may impose conditions on an approval for alternative equivalent compliance provided such conditions are related to ensuring the performance of the alternative equivalent compliance to meet or exceed the subject standard. Such conditions may include financial guarantees, required timeframes, amendments or revisions to the proposal, or the ability to revoke an approval for alternative equivalent compliance.
(7) Decisions
Any decision on an alternative equivalent compliance application shall not be binding on the city related to future applications requesting an alternative to any of the applicable standards. Each case shall be reviewed and decided upon based on the individual circumstances.
(8) Time Limit
(a) An approval of an alternative equivalent compliance application shall expire if the site plan or certificate of appropriateness to which it applies expires.
(b) Upon expiration of an alternative equivalent compliance approval, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(9) Amendment of an Alternative Equivalent Compliance Approval
An alternative equivalent compliance approval may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(10) Appeals
Any person or entity claiming to be injured or aggrieved by any final action of the Planning Board or Restoration Board shall have the right to appeal the decision to the BZA as established in § 154.03(M).
(Ord. 5-14, passed 3-17-2014)