(A) To allow for design flexibility, the Planning Commission may waive or modify the requirements of this subchapter at the time of preliminary site plan review, upon finding that the following criteria are met:
(1) The modification will be consistent with the purpose of this subchapter and will result in an equally effective or superior landscape design;
(2) Due to one or more unique characteristics of the property, such as its size, shape, topography, location, existing buildings or surroundings, the strict application of this subchapter will deprive the property owner of its reasonable use, as enjoyed by other property owners in the same zoning district;
(3) Strict application of this subchapter will result in a loss of existing parking spaces required by §§ 152.280 et seq., where the parking does not abut a residential district or use; and
(4) Existing vegetation, landscaping and structures are located in such a way that the addition of the required landscaping would be detrimental to plant health or otherwise create undesirable conditions.
(B) In granting an adjustment, the Planning Commission may attach the conditions of approval, as it may deem reasonable.
(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021)