18.57.110 Alteration of Landscape Requirements:
The applicant may submit for consideration a landscaping plan that differs from the specific criteria set forth in this chapter. The applicant shall in writing, clearly and in detail, state what adjustments are being requested and the reasons that such adjustments are warranted. The application shall be accompanied by a drawing that meets the requirements of MLMC 18.57.060, along with any supplemental data, such as sketches, surveys, and statistical information, that is deemed necessary to support the adjustment. The Hearing Examiner may approve, modify, or deny the requested adjustment. In approving the alteration, the Hearing Examiner shall make the following findings:
A. The alteration would be in keeping with and preserve the intent of this chapter; and
B. The alteration would not be contrary to the public interest; and
C. The alteration is justified based on at least one (1) of the following:
1. The requirements of this chapter would result in more than fifteen percent (15%) of the site area being landscaped. In such cases the Hearing Examiner may modify those requirements so that not more than fifteen percent (15%) of the site must be landscaped, provided that the landscaping and corresponding setbacks required are those most beneficial to the public. More intensive landscaping may be required if the reduction in area would reduce the effectiveness of landscaping to a point where the intent of the landscaping type cannot be satisfied.
2. The inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this chapter.
3. Three foot (3') berms or six foot (6') architectural barriers are incorporated into the landscape design. Adjacent to the berm or barrier, the width of the perimeter landscaping strip may be reduced up to twenty-five percent (25%) if the landscaping materials are incorporated elsewhere on site.
4. Existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures, or utilities would render application of this chapter ineffective.
5. An existing or proposed structure precludes installation of the total amount of required perimeter landscaping. In such cases, the landscaping material shall be incorporated on another portion of the site. If no portion of the site can be landscaped, approved waterless landscaping features such as decorative rock, gabions, sculptures, and/or facade improvements as defined in Section 18.57.040(D)(1) may be used. The totality of such features must be of sufficient substance and location as to serve the purpose of this chapter.
6. The proposed landscaping represents a superior result or is more effective than that which would be achieved by strictly following requirements of this section. (Ord. 2949, 4/14/20; Ord. 2785, 10/13/15; Ord. 2144, 12/9/03; Ord. 1857, 6/8/99)