A. Requests: It is recognized that with certain site conditions, strict compliance with the requirements of this article may be physically impossible, impractical, or not meaningful (as, for example, where the development is to occur in a remote location on the subject property, unmanned facilities, etc.). In such cases, an approved alternative method of compliance may allow modifications to the requirements of this article. Requests for use of alternative landscaping, screening or fencing standards may be approved only if it is demonstrated that compliance with the requirements of this article would cause an undue hardship or one or more of the following apply:
1. The site has space limitations or the parcel is unusually shaped.
2. Topography, soil, vegetation or other physical hardship site conditions are such that full compliance is impossible or impractical.
3. Due to a change of use of an existing site, the required buffer is larger than can be provided.
4. Legitimate safety considerations from other public agencies are raised.
5. The landscaping, screening, and/or fencing called for by this article are not necessary or effective to mitigate the impacts of the proposed development on the surrounding property owners or the general public.
6. The landscaping, screening, fencing or other measures called for by this article would be in violation of other applicable law.
B. Approval Procedure: The Director may approve a proposed alternative method of compliance in accordance with the procedure set forth in this subsection.
1. The application shall be on a form provided by the department, and, in addition to the information required in the landscape plan, must include a written narrative prepared by a landscape designer explaining the proposed alternative method of compliance, and the applicable fees.
2. The procedure for approval of a proposed alternative method of compliance shall be as set forth in section 8.8.204 of this title.
3. Upon review of the information provided, the Director shall determine if the minimum requirements have been met and either approve or deny the application.
4. The decision of the Director to approve or deny a proposed alternative method of compliance may be appealed to the Board in accordance with chapter 8, article 8.5 of this title.
C. Land Use Application: In addition to the approval procedure contained in subsection B of this section, the Board may approve a proposed alternative method of compliance as part of a land use application requiring Board approval. (Ord. 493, 6-9-2016)