(a) An applicant may request one or more modifications from the required landscape and bufferyard standards found in this chapter.
(b) The applicant shall provide written justification for the requested modifications including how the goals and intent of this chapter and any other applicable chapter of this Zoning Code is satisfied if the landscape or bufferyard modification request is permitted.
(c) The Planning Commission shall review the requested modifications using the following standard of review criteria:
(1) The specific conditions which are unique to the applicant’s land;
(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 other landowners in the same zoning district;
(3) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter;
(4) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood; and
(5) A demonstration that the applicant has provided for a buffer that achieves the spirit and intent of this chapter, the overall Zoning Code and the Comprehensive Plan.
(d) The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.
(e) Timing to Install Landscaping and Bufferyard Features. The Planning Commission may extend the time required for the installation of required landscaping and bufferyard features to ensure the plantings are installed beyond the frost period. This timing flexibility shall also apply to landscaping requirements found in the Sign chapter and the Off-Street Parking chapter.
(Ord. 2022-24. Passed 5-24-22.)