(a) The Planning and Zoning Commission may vary or waive the requirement of a
landscape plan in whole or part together with improvements required herein upon a finding that the requirement of such plan and/or improvement would not forward the purpose of this chapter or otherwise serve the public interest; provided that such variation or waiver shall result in a plan substantially in compliance with the approved site plan together with all conditions imposed by the Planning and Zoning Commission; and, provided further, that such variation or waiver shall have no additional adverse visual impact on adjacent properties or public areas nor otherwise be inconsistent with this chapter. No variance or waiver of a landscape plan shall be approved except after any required notice.
(b) Whenever, because of unusual size, topography, shape of the property, location of the property, or other unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements of this chapter would result in significant degradation of the site or adjacent properties, the requirement may be varied or waived by the Planning and Zoning Commission; provided that such variance or waiver shall not be detrimental to the public health, safety, or welfare, or to the orderly development of the area, or to sound engineering practices, or to adjacent properties.
(c) A developer requesting variation or waiver pursuant to this section shall file with the Planning and Zoning Commission a written request which shall state reasons and justification for such request together with such alternatives as may be proposed by the developer. The Planning and Zoning Commission may approve, approve with conditions, or deny such request. In the case of conditional approval or denial, the Planning and Zoning Commission shall notify the developer in writing as to the reasons for such action within five (5) days of such decision.
(Ord. 22-089. Passed 12-5-22.)