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The Planning Commission may approve modifications to the bufferyard requirements. The Commission shall base its decision on ALL of 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 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) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this Chapter.
(d) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(e) A demonstration that the applicant has provided for a buffer that achieves the spirit of this Chapter.
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 Section 1175.13, if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.
(Ord. 1-99. Passed 1-19-99.)