(1) Where the provisions of this Chapter would reduce the usable area of a lot due to lot configuration or size to a point which would preclude a reasonable use of the lot, landscape buffer and fencing may be waived or modified by the Planning Commission where the intent of this Chapter has been met through the combination of structural and landscape design techniques.
(2) The landscape buffer may be modified where the building, fencing, and/or the land between that building and the property line has been specifically designed to minimize adverse impact through a combination of structural and landscape design techniques.
(3) The landscape buffer and fencing requirements may be waived or modified where the adjacent land is designated on the zoning map or in the adopted Master Plan for a use similar to that of the parcel under site plan consideration. In situations where a petitioner is requesting that required fencing be waived or modified on residential developments adjacent to agricultural uses and/or zoning districts the following criteria must apply:
(a) The adjacent agricultural property must have all the infrastructure (roads, sewer, water, storm sewer, etc.) necessary for development; or
(b) The topography or vegetation of the adjacent property would make a fence ineffective or cause a hardship if the developer is required to fence the property.
(c) The petitioner must request in writing to be placed on the Planning Commission agenda.
(d) The petitioner must have a proposal of the type of fencing and be prepared to present this to the Planning Commission.
(4) The landscape buffer and fencing requirements may be modified where the adjoining property is used for any public purpose other than a school or hospital.
(5) The landscape buffer and fencing requirements may be modified where adjacent residential property is used for any conditional use except nursery schools, day care centers, and schools of general and special education.
(6) The landscape buffer and fencing requirements may be modified when a residential subdivision borders a railroad or transit right-of-way, freeway, or arterial street. The subdivision design shall include adequate provisions for noise reduction, safety, and visual screening. The modification of the landscape buffer may, in some cases, provide for a larger buffer area and additional plantings depending on the type and location of the use which is being buffered. Parallel streets, fences, landscaped buffer areas, berms, and sound walls; or combination of buffer techniques may be required.
(7) The fencing requirement may be waived or modified where the topography of the lot providing the fencing and the lot being protected is such that a fence would not be effective.
(8) The landscape buffer and fencing requirement may be modified for any public use when such has been specifically designed to minimize adverse impact on adjacent properties.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004