(a) The Board of Site Arrangement, the Board of Zoning Appeals, the Planning Commission, or the City Council may approve modifications to the bufferyard requirements in conjunction with a review of a site for new construction, building addition, site development, PUD, conditional use, or for any other action that requires Board, Commission, or Council approval. A decision shall be based on any of the following criteria:
(1) The specific conditions that are unique to the applicant's land and the unique conditions or circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter.
(2) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted to other landowners in the same zoning district.
(3) The modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(4) The applicant has demonstrated that the proposed bufferyard achieves the spirit of this chapter.
(5) The applicant has proposed green infrastructure elements such as bioswales or rain gardens.
(b) The Board of Site Arrangement, the Board of Zoning Appeals, the Planning Commission, or the City Council may also approve the use of existing trees to be counted towards bufferyard and landscaping requirements.
(Ord. 2017. Passed 1-26-17.)