(A) The Planning Commission may approve modifications to the landscaping and bufferyard requirements. The Planning Commission shall base its decision on all of the following 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 subchapter 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 subchapter.
(4) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(5) A demonstration that the applicant has provided for a buffer that achieves the spirit of this subchapter.
(B) The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists in § 153.200, if native and hardy to Zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.
(Ord. 09-3306, passed 10-15-09)