1290.09   SUBSTITUTIONS AND MODIFICATIONS.
   The Planning Commission, upon Site Plan and/or special use review, shall have the authority to modify and/or substitute any of the aforementioned or other landscaping requirements elsewhere in this Code when considering a proposed site plan in order to address unique site-specific conditions or circumstances with respect to changes in elevation, environmental impact, safety, durability of plant material, aesthetic appeal, and any other factors that will result in a more compatible buffer, screen or landscaping schedule with the surrounding neighborhood. Any substitutions or modifications granted by the Planning Commission shall be based on the following criteria:
   (a)   The specific conditions which are unique to the applicant's land.
   (b)   The manner in which the strict application of the provision of this chapter or other landscaping standards elsewhere in this Code would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.
   (c)   Reasons that the modification shall preserve, not harm, the public safety and welfare.
   (d)   A demonstration that the applicant has provided for a buffer or landscaping plan that achieves the spirit and intent of this section.
(Ord. 6699. Passed 1-16-18.)