1168.11  FLEXIBILITY IN REQUIREMENTS.
   (a)   Due to the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible buffering requirements. Therefore, the Planning Commission, or the permit-issuing authority acting on their behalf, may permit deviations from the presumptive requirements of this Chapter and may either require more intensive or allow less intensive buffering whenever it finds such deviations are more likely to satisfy the standards set forth in this Article without imposing unnecessary costs on the developer.
 
   (b)   Without limiting the generality of subsection (a), the Planning Commission or the permit-issuing authority may modify the presumptive requirements for:
      (1)   Commercial developments located adjacent to residential uses in business zoning districts;
      (2)   Commercial uses located adjacent to other commercial uses within the same zoning district;
      (3)   Vegetative and/or topographic conditions that provide a natural buffer that existed prior to the development of a property.
         A.   Every effort shall be made to retain such conditions.
         B.   In such cases, additional buffering may not be required, when provisions are made for the continued maintenance of such areas.
 
   (c)   The requirement for the installation of buffers may be waived if equivalent buffering is provided by existing or planned parks, parkways, recreation areas.
   
   (d)   Whenever the Planning Commission or the permit-issuing authority allows or requires a deviation from the presumptive requirements set forth in this Section, it shall be entered on the face of the permit the modified buffering requirement that it imposes to meet the standards set forth in this Section and the reasons for allowing or requiring the deviation.
(Ord. 2014-09.  Passed 2-19-14.)