§ 5.6E WAIVERS.
      (1)   Authorized waivers of development requirements. In order to encourage innovative building and site designs capable of enhancing the quality of the built environment within the historic downtown portion of the town, the Plan Commission may grant a waiver of the following development requirements to the extent specified:
         (a)   Development requirements in the TC: Town Center District which may be waived:
            1.   Town Center context. All provisions of Article 5.6;
            2.   Site layout. All provisions of Article 5.6;
            3.   Architectural design. All provisions of Article 5.6;
            4.   Signs.
               a.   All provisions of Article 5.6 and the provisions of Article 7.5B regarding the total sign surface area of building identification signs to allow a maximum sign surface area of up to 40% of the applicable facade; or
               b.   The provisions of Article 7.8D(2) so as to not include graphics, letters, logos or text which is ten inches or less in overall height in the calculation of sign surface on an awning or canopy.
            5.   Lighting. All provisions of Article 5.6;
            6.   Accessory structures and facilities. All provisions of Article 5.6;
            7.   Additions to an existing building. All provisions of Article 5.6;
            8.   Exterior building facade renovations with no building additions or minor building additions. All provisions of Article 5.6; or
            9.   Exterior building facade renovation with major building additions. All provisions of Article 5.6.
         (b)   Development requirements in the R-U: Urban Residential District and MU: Mixed Use District which may be waived:
            1.   Single-family dwellings and two-family dwellings. All provisions of Article 5.6;
            2.   Multi-family. All provisions of Article 5.6; or
            3.   Nonresidential uses. All applicable provisions of Article 5.6.
      (2)   Findings required to grant a waiver of development requirements. A waiver of development requirements, to the extent specified in this Article 5.6 for architectural and site design review, shall only be granted upon finding that the proposed development:
         (a)   Represents an innovative use of building materials, site design features, architectural design, landscaping, signs, lighting or other features which will enhance the use or value of area properties;
         (b)   Regarding building identification signs, the building demonstrates exceptional compliance with the “Old National Road” theme and exceptional compliance with the site layout, architectural design, sign and lighting development requirements of Article 5.6,B of this ordinance;
         (c)   Is consistent with and compatible with other development located within and near the TC: Town Center District; and
         (d)   Is consistent with the intent and purpose of this ordinance.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 32-2005, passed 5-9-2005; Ord. 04-2019, passed 1-14-2019)