§ 92.04 EXCEPTIONS AND ALTERNATIVE METHODS OF COMPLIANCE.
   (A)   Ongoing development projects. Developments granted a building permit prior to the date of the adoption of this chapter are exempt from the requirements of this chapter.
   (B)   Where physical features preclude strict compliance. It is recognized that, on occasion, complete compliance with the terms of this chapter may be impractical.
      (1)   Accordingly, a developer may request approval for an alternate landscaping scheme when any one or combination of the below listed conditions exist:
         (a)   The site involves space limitations or unusually shaped parcels;
         (b)   Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical;
         (c)   Natural vegetation on the site, if undisturbed during the development process, can meet or exceed the vegetation which is required; and/or
         (d)   Safety considerations are involved.
      (2)   In order to have landscape requirements modified due to one or a combination of the above, the applicant should submit a written justification to the Planning and Zoning Board. Within the justification, the applicant must describe:
         (a)   Which of the landscape requirements will be met with modifications;
         (b)   Which of the conditions set forth above justify using alternatives; and
         (c)   How the proposed alternative meets or exceeds what is required.
(Ord. 10.10, passed 5-19-2009)