A. Authority: The Zoning Administrator has the authority and jurisdiction of regulating the planting and/or removal of landscape and trees required by this chapter.
B. Deviation from Landscaping Standards. The Zoning Administrator may approve exceptions to the regulations when all of the following are met:
1. The applicant can document that meeting the requirements would cause undue hardship due to pre-existing conditions on site, such as existing location of structures or vegetation.
2. The deviation from the standards meets the landscape requirements to the highest degree possible and is the minimum variation needed.
3. The applicant proposes an equal or better result than that which could be achieved by strictly following the requirements of this chapter.
C. Other measures to meet the purpose and intent of this Landscape Code may be proposed to substitute for the required landscaping, such as decorative fencing, walls, arbors, or trellises, with appropriate vegetation.
D. Enforcement: Unlawful removal of a qualifying tree designated in the tree preservation plan for retention will result in either a municipal infraction.
E. Appeal: Any person may make a written appeal from any ruling or order made by the Zoning Administrator to the Board of Adjustment, who shall make a final decision. (Ord. 23-08, 6-5-2023)