(A) The Board of Commissioners recognizes that because of the wide variety of types of developments and the relationships between such developments, it is neither possible nor prudent to establish inflexible screening requirements; therefore, as provided in § 152.467, the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may permit deviations from the presumptive requirements of the table, and may either require more intensive or allow less intensive screening whenever it finds such deviations are more likely to satisfy the standard set forth in § 152.466 without imposing unnecessary costs on the developer.
(B) Without limiting the generality of division (A) above, the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may modify the presumptive requirements for:
(1) Commercial developments located adjacent to residential uses in business zoning districts; and
(2) Commercial use located adjacent to other commercial uses within the same zoning district.
(C) Whenever the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) allows or requires a deviation from the presumptive requirements set forth in the table of screening requirements, said authority shall enter on the face of the permit the screening requirement that it imposes to meet the standard set forth in § 152.466 and the reasons for allowing or requiring the deviation.
(D) If the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) concludes, based upon information it receives in the consideration of a specific development proposal, that a presumption established by § 152.487 is erroneous, then said authority shall initiate a request for an amendment to the table of screening requirements in accordance with procedures set forth in §§ 152.565 through 152.571.
(Ord. passed 12-20-2001) Penalty, see § 152.999