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5.1 Development Incentives.

A. Intent.

It is the intent of this Article to provide incentives to developers which encourage: creativity and imagination in the process of development; efficient, aesthetic and desirable use of open space; variety in physical development patterns; and, special considerations for property with outstanding features (i.e., historical significance, unusual topography, landscape amenities, size and shape).

B. General Procedures.

Within each zoning District contained in this Ordinance which refers to Development Incentives, there shall be two opportunities available for development:

    1. any development which demonstrates full compliance with the Permitted Use and Development Standards section of that District shall be entitled to the issuance of an Improvement Location Permit; or,
    2. any development which desires to take advantage of the Development Incentives set forth in this Article, shall file for and obtain Development Plan approval from the Plan Commission or Director, as specified for each Development Incentive, prior to the issuance of an Improvement Location Permit.

If, at any point in the approval process of a Development Plan, the Petitioner elects to forgo the pursuit of Development Plan approval, the Petitioner shall be allowed to withdraw the application for Development Plan approval and apply for an Improvement Location Permit in full compliance with the Permitted Use and Development Standards section of that District and the Subdivision Control Ordinance.

C. Waiver of Development Requirements.

To accomplish the purpose of this Article, the Plan Commission or Director, as appropriate, may approve a waiver of the Development Requirements specified for that District to the extent provided for in this Article.

All Development Requirements and Development Standards of this Ordinance and the Subdivision Control Ordinance for which a waiver provision is not provided for in this Article shall remain applicable unless a variance of this Ordinance is granted by the Board of Zoning Appeals or waiver of the Subdivision Control Ordinance is granted by the Plan Commission.

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Ordinances
Article 04.14 - Vision Clearance Areas
Adopted: Ord. 21-97
Article 04.15 - Commitments Required by the Plan Commission
Adopted: Ord. 21-97
Article 04.16 - Outdoor Display Standards
Added: Ord. 27-2007
Article 04.17 - Outdoor Seating / Dining Standards
Added: Ord. 27-2007
Article 05.01 - Development Incentives
Adopted: Ord. 21-97
Article 05.02 - Development Incentives: R-1, R-2 and R-3
Adopted: Ord. 21-97; Recent Amendment: Ord. 11-2004
Article 05.03 - Development Plan: R-6
Adopted: Ord. 21-97; Recent Amendment: Ord. 11-2004
Article 05.04 - Development Incentives: Commercial/Industrial
Adopted: Ord. 21-97; Recent Amendment: Ord. 07-2012
Article 05.05 - Development Plan: Gateway Corridor & Adjoining Residential Development
Adopted: Ord. 21-97; Recent Amendment: Ord. 12-2011
Article 05.06 - Developmen Plan: Town Center, Urban Residential, & Mixed Use
Adopted: Ord. 21-97; Recent Amendment: Ord. 32-2005
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