§ 5.4B WAIVER OF DEVELOPMENT REQUIREMENTS IN COMMERCIAL OR INDUSTRIAL DISTRICTS.
      (1)   Common off-street parking areas.
         (a)   Purpose. To encourage desirable, efficient and well planned and landscaped off-street parking areas, two or more uses may create a common parking area. Such common parking areas shall be eligible for up to a 10% reduction in the overall number of required parking spaces.
         (b)   Plan documentation and supporting information. All requests for development plan approval for common off-street parking areas pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Supporting information. A site plan and overall plan as specified in Article 5.7 below.
         (c)   Findings. The Director may approve such parking reduction upon a finding that: the proposed common parking area employs improved design elements in access control, traffic circulation or landscaping than otherwise required by the provisions of this ordinance.
      (2)   Alternate parking plan approval.
         (a)   Purpose. To encourage desirable, efficient and well planned and landscaped off-street parking areas, the Director may approve an alternative parking plan which deviates from the requirements of this ordinance.
         (b)   Plan documentation and supporting information. All requests for development plan approval for alternate parking plan approval pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Site plan. A site plan as specified in Article 5.7 below.
         (c)   Findings. The Director may approve such alternative parking plan upon finding that such parking layout:
            1.   Is appropriate to the site and its surroundings;
            2.   Makes provision for small car parking areas, angled parking, one-way traffic patterns, handicapped parking or other feature appropriate for the use and setting; and
            3.   Is consistent with the intent and purpose of this ordinance.
      (3)   Depth of required yards and required bufferyards.
         (a)   Purpose. In order to facilitate urban development and improve quality of landscaping in the built environment, the depth of a required yard or a required bufferyard may be reduced as follows:
            1.   A required front yard or front bufferyard may be reduced by up to 50% of its normally required depth, provided, however, that any required front yard or front bufferyard along a primary arterial street, secondary arterial street, collector street, local street or cul-de-sac street shall not be reduced to a depth of less than 20 feet; or
            2.   A required side or rear yard or required side or rear bufferyard may be reduced by up to 50% of its normally required depth.
         (b)   Plan documentation and supporting information. All requests for development plan approval for reduction of depth of required yards and required bufferyards pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Site plan. A site plan and landscape plan as specified in Article 5.7 below.
         (c)   Findings. The Director may approve such depth of yard and required bufferyard reduction upon a finding that:
            1.   a.   The plant unit value to be provided in the required yard or required bufferyard exceeds the normal standard for such yard by a multiple of 2.0 or more; or
               b.   For any building wall which is located completely or partially within a reduced yard or bufferyard, the entire length of such building wall shall be screened by foundation landscaping which has been increased by a multiple of 2.0 or more, and the site will be so designed and building placement so oriented that all parking areas, interior access drives, loading areas, outside storage and operations, or outdoor display areas shall be located so as to comply with the minimum setback requirements, use of minimum yards and bufferyards requirements, and landscaping requirements otherwise applicable to the site;
            2.   The proposed development is appropriate to the site and its surroundings; and
            3.   The proposed development is consistent with the intent and purpose of this ordinance.
      (4)   Orientation of loading spaces.
         (a)   Purpose. In order to facilitate urban development and to enhance the quality of landscaping in the built environment, the Plan Commission may approve the orientation of loading spaces toward a front lot line that faces a street classified as a collector or above or non-industrial district. In addition, the Plan Commission may approve the location of loading spaces between a front lot line that is located along a street classified as a collector or above or a street bordering directly on a non-industrial district and the front line of the building served.
         (b)   Plan documentation and supporting information. All requests for development plan approval for the front orientation or location of loading spaces pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Supporting information. A site plan and landscape plan as specified in Article 5.7 below.
         (c)   Findings. The Plan Commission may approve such loading space orientation or location upon a finding that:
            1.   a.   The required front yard or required front bufferyard is effectively screened with a plant unit value which exceeds the standard for such yard by adding a plant unit value of 4.0 to the total plant unit value otherwise required by this ordinance or other development incentive (e.g., a plant unit value of 5.0 would be required as a base minimum [Level 1 + 4.0 = 5.0]; or a plant unit value of 6.0 would be required if another development incentive would require a multiple of 2.0 or more over a Level 1 [Level 1 X 2.0 = 2.0 + 4.0 = 6.0]; and so on); or
               b.   The required front yard or required front bufferyard is effectively screened by the use of an architectural wall or screen which is in harmony with the character of the building and surrounding area and of sufficient height to screen the loading spaces, that said yards will contain, at a minimum, the standard plant unit value required for said yard, and that the architectural wall or screen shall be provided with foundation plantings as required for a building in such district;
            2.   The proposed development is appropriate to the site and its surroundings; and
            3.   The proposed development is consistent with the intent and purpose of this ordinance.
      (5)   Use of required yards in integrated centers or industrial parks.
         (a)   Purpose. In order to facilitate urban development and to enhance the quality of landscaping in the built environment, the Plan Commission may approve the use of required side and rear yards which abut other required side or rear yards of lots located within the same integrated center or industrial park for parking areas, loading areas, interior drives, interior access drives or outdoor storage.
         (b)   Plan documentation and supporting information. All requests for development plan approval for the use of required yards in integrated centers or industrial parks pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Supporting information. A site plan, overall plan and landscape plan as specified in Article 5.7 below.
         (c)   Findings. The Director may approve such use of required side and rear yards upon finding that:
            1.   The required plant unit value in all required front yards and required front bufferyards, whether located on a street internal to the integrated center or industrial park or on the perimeter of the integrated center or industrial park has been increased by a multiple of 2.0 or more;
            2.   The required plant unit value in all required side or rear yards and required side or rear bufferyards on the perimeter of the integrated center or industrial park has been increased by a multiple of 2.0 or more;
            3.   The area of required foundation planting areas located along the building has been increased by a multiple of 2.0 or more;
            4.   The plant unit value contained in such enlarged foundation planting areas has been increased by a multiple of 2.0 or more;
            5.   The proposed development is appropriate to the site and its surroundings; and
            6.   The proposed development is consistent with the intent and purpose of this ordinance.
      (6)   Private streets in integrated centers or industrial parks.
         (a)   Purpose. In order to encourage desirable, efficient and well planned integrated centers and industrial parks, the Plan Commission may approve lot frontage on private streets on the interior of an integrated center or industrial park.
         (b)   Plan documentation and supporting information. All requests for development plan approval for the development of private streets in integrated centers or industrial parks pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Overall plan. An overall plan as specified in Article 5.7 below.
         (c)   Findings. The Plan Commission may approve such private streets upon finding that:
            1.   Such private streets shall be constructed to town standards for depth and materials;
            2.   Adequate provisions have been made for the maintenance of such private streets and for the provision of services along the private streets by the owner or owners thereof. Services shall, include, but not limited to: regular trash pick-up; leaf pick-up; snow removal; daily mail delivery service; roadway maintenance and repair, including, but not limited to, driving surface, roadway subgrade, subsurface drainage, roadside drainage, curbs, sidewalks, street lights, street name signs, traffic control signs, and traffic control signals; and powers to enforce speed control and parking regulations;
            3.   The use of private streets results in design elements in access control and traffic circulation consistent with the intent and purpose of this ordinance;
            4.   The proposed development is appropriate to the site and its surroundings; and
            5.   The proposed development is consistent with the intent and purpose of this ordinance.
      (7)   Depth of yards along private streets in integrated centers or industrial parks.
         (a)   Purpose. In order to encourage desirable, efficient and well planned integrated centers and industrial parks, the Plan Commission may approve a reduction in the depth of the required front yard along private streets of up to 50% in integrated centers or industrial parks.
         (b)   Plan documentation and supporting information. All requests for development plan approval for the reduction of required depth of yards along private streets in integrated centers or industrial parks pursuant to this Article shall include the following:
            1.   Sketch Plan One. Sketch Plan One shall depict the development in full compliance with all use and development standards of the applicable zoning district and all other applicable health, flood control and subdivision laws, ordinances and regulations of the town;
            2.   Sketch Plan Two. Sketch Plan Two shall depict the development pursuant to this Article; and
            3.   Supporting information. An overall plan, landscape plan and sign plans as specified in Article 5.7 below.
         (c)   Findings. The Director may approve such reduction of required front yard depth along private streets upon finding that:
            1.   a.   The required plant unit value in all required front yards along such private street been increased by a multiple of 2.0 or more; or
               b.   Adequate provision has been made for the development of common or combined driveways between adjacent lots so as to reduce the number of curb cuts and enhance the effectiveness of the required front yard landscaping;
            2.   The proposed development is appropriate to the site and its surroundings; and
            3.   The proposed development is consistent with the intent and purpose of this ordinance.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004; Ord. 39-2006, passed 10-9-2006; Ord. 28-2008, passed 11-24-2008; Ord. 07-2012, passed - -2012)