8-3-12: WAIVERS:
   A.   Requests for waivers (not more than 10 percent less than the requirement) of buffering, or parking requirements listed in the zoning districts of this title, or reduction of landscaping requirement specified in this chapter, may be considered subject to the following procedure:
      1.   Submission of a written request from the owner of record addressed to the town engineer stating the rationale for the request and providing any documentation, diagrams, renderings or photographs necessary to convey the intent of the waiver request.
      2.   Notification of the request and the date, time and place of the zoning and planning commission meeting where the waiver will be considered shall be mailed to property owners within a three hundred foot (300') radius of the subject property. No public hearing shall be required, however, the commission shall receive comments from meeting participants who desire to address the request.
      3.   The commission shall review the waiver request and approve, approve with conditions, approve with modifications or deny the request. In rendering their decision, the commission shall consider such factors as proximity to other development and types of uses, manmade or natural barriers such as streets, drainages, draws, existing vegetation, slopes, etc., which achieve the intent of the buffering or landscaping requirement at a lower rate than is required by this title. The commission may also consider alternative solutions that achieve the intent of landscaping and/or buffering.
      4.   Requests for a reduction of off street parking requirements shall be considered on the basis of use, number of employees, availability of on street parking or shared parking with adjacent property owners.
      5.   The Bar Nunn town council shall have the authority to approve, modify, or deny all waiver requests. (Ord. 2012-1, 4-17-2012)