(A) In the event unusual topography or elevation of a development site or the location or size of the parcel would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and maintain the required screen and buffer, the Town Council may alter the requirements of §§ 155.096 and 155.097 of this chapter; provided, the spirit and intent of this subchapter are maintained. Such alteration may occur only at the request of the developer, who shall submit a plan to the Town Council showing existing site features that would screen the proposed use and any additional screening materials the developer may propose to have installed. The Town Council shall have no authority to alter the screening and buffer requirements unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screen.
(B) The vacancy or non-use of an adjoining parcel shall not constitute grounds for providing relief to the screening and buffering requirements contained in this chapter. Neither shall the desire of the owner to make more intensive use or greater economic use of the property be grounds for reducing the screening/buffering requirements of this subchapter where the effect of the screening and buffer requirements of this subchapter is to deny the owner reasonable use of the entire tract (or tracts) of property, relief pursuant to this subchapter may be granted to the extent that reasonable use of such tract or tracts is available. In decided whether to approve such a plan, the Zoning Administrator may, at his or her discretion, seek an advisory opinion from the Planning Board.
(Ord. passed - -, § 5.4.8) Penalty, see § 10.99