A. A maximum of three waiver requests are permitted for the following standards:

1. Setbacks. A maximum of two setback waiver requests are permitted; however, one setback waiver request shall be for a building corner setback.
2. Entrances every 60 feet in building width.
3. Percentage of window glass required.
4. Window location.
5. Percentage of visible light transmission (VLT) required.
6. Sign location.

B. Waiver requests for all other standards in Article 39-3 are not permitted.

C. Planning Commission shall grant a waiver request if, in the opinion of Planning Commission, the following criteria are met:

1. One of the following criteria is met:

a. There are two or more standards in Article 39-3: Form-Based Code that cannot be met simultaneously when applied to the building or property;
b. The building or property is subject to a unique circumstance, not caused by the owner, developer, or designer, that renders compliance with a standard of this article impossible or not practical; or
c. The waiver request is meant to increase the walkability of the subdistrict.

2. Both of the following criteria are met:

a. The building and site design clearly still meet the intent of the Form-Based Code even though all standards will not be met; and
b. The waiver will not create an unsafe and/or unwelcoming pedestrian environment.