§ 28.06.090. Exceptions and modifications.

The provisions of this Chapter may be modified and/or trade-offs permitted with respect to dimension or location within a property boundary. Permitted forms of modification and exception are identified as follows:

A.

For purposes of application of this Chapter, no buffer or screening requirement located on an adjacent property may be utilized unless written permission is granted by the adjacent property owner to utilize existing screening or to allow permission for screening to be planted on the adjacent property, as a portion of a required buffer or screen, nor allowed to be used in a trade-off or modification of a standard.

B.

The change in use or redevelopment of a site utilizing all or parts of an existing building(s) shall not be required to meet the landscaping requirements of this Chapter, except as follows:

1.

When the value of the new addition, renovation or redevelopment exceeds fifty (50) percent of the value of the existing development, as determined by the County Appraiser's office; or

2.

When there is more than a thirty (30) percent increase of the gross floor area on the site.

New parking lots and additions to parking lots which are required to provide landscaping and/or screening in accordance with this Chapter, shall do so even if there is no increase in gross floor area or value.

C.

Lots or tracts of land abutting the rights of way of a railroad zoned for residential use and held by title separate from all abutting lands shall not be required to provide landscaped buffers along the common property line.

D.

In those instances where a development site abuts a public park or other permanent public open space and where at least one hundred (100) feet of undisturbed natural foliage exists along the common lot line, a landscaped buffer requirement along the common property line is not required; provided, however, loading docks, trash containers, and storage areas on the development site along the common line shall be screened as provided within the UZC.

E.

For purposes of this Section, the Planning Director shall have the authority to interpret the language and modify the provisions of this Section in such a manner and extent that is appropriate for the public interest and consistent with the purposes and intent of this Chapter. Appeals of the decisions of Planning Director shall be filed with the Board of Zoning Appeals. If in the opinion of the Planning Director there exists extraordinary conditions of topography, existing vegetation, land ownership, site boundaries and dimensions, adjacent development characteristics or other circumstances not provided for in this Section, the Planning Director may modify or vary the strict provisions of this Section in such a manner and to such an extent as is deemed appropriate to the public interest, provided that the purposes and intent of this Chapter are maintained through such modification or variance.

F.

No property owner obtaining a permit for a project involving a new building or building addition shall be required to expend more than four (4) percent of the total construction cost for materials and installation costs associated with landscaping and parking lot screening required by this ordinance. No property owner obtaining a permit for a project involving only a new or expanded parking lot, with no building construction, shall be required to expend more than eight (8) percent of the total construction cost for materials and installation costs associated with parking lot landscaping and screening required by the ordinance codified in this Section. In order to qualify for this exception, the property owner must submit a bona fide bid from a licensed contractor for the total project construction cost, and a bona fide bid from a licensed contractor or nurseryman for materials and installation costs for an approved landscape plan. The bid for landscaping must distinguish those items which are required by the ordinance from any other items which are not required. If the total cost of required landscaping items exceeds the applicable percentage as specified above, then the property owner may select items at his discretion to delete from the approved plan, and submit the list of items to be deleted as an addendum to the approved plan.

G.

The preservation and protection from construction damage of each existing tree of six (6) or more inches in trunk diameter (measured six (6) inches above the ground) within the Street Yard, parking lot, or perimeter buffer area of a site shall account for the equivalent two (2) trees required in that Landscaped Street Yard, parking lot, or perimeter buffer area of the site.

(Ord. No. 50-340 § 9, 10-11-16)