1123.08 MODIFICATIONS TO BUFFERING AND SCREENING REQUIREMENTS.
   The buffering and screening requirements of Section 1123.06 and Section 1123.07 shall be applied equally to all similarly situated properties. The Zoning Administrator is empowered to modify the above buffering and screening requirements if, and only if:
   (a)   Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent as the applicable sections;
   (b)   Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening and buffering effect;
   (c)   The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site;
   (d)   The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity;
   (e)   A written request is received from the owners of the abutting residential district property that the screening as required herein should be waived or varied based on stated purposes; or
   (f)   It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances, which have taken place since the adoption of the comprehensive plan and this code.
      (Ord. 2018-009. Passed 5-7-18.)