§ 16.40.060.2.1.7. Variances from required landscaping; appeals.

A.

Where unique conditions related to existing buildings, dimensional aspects of platted lots, or a lack of available space or water to support the required landscape materials preclude strict compliance with this section, or to provide for the preservation of protected or grand trees, the POD may adjust the requirements of this section as follows:

1.

Relocation of required landscape materials or landscape areas to other parts of the property or the abutting right-of-way;

2.

If it is not reasonably possible to comply with the planting requirements of this section, the POD may approve a payment in lieu of planting which shall be utilized to provide additional landscaping on public property or right-of-way. Such payment in lieu shall be $500.00 per tree and $150.00 per shrub or other vegetation and shall be placed in the environmental enhancement fund.

B.

Requests for variances shall be reviewed by the Development Review Commission (DRC).

C.

Variances from the "protection of existing native plant communities section" hereof for sites which cannot accommodate both the native vegetation requirement and the development or redevelopment shall only be granted with the condition that the following mitigation be performed. Mitigation on-site shall recreate a native plant community in all three strata (ground cover, under-story and trees), utilizing plant materials at least twice as large as normally required (to more quickly recreate the lost mature vegetation). Mitigation may be off-site if the mitigation enhances or enlarges existing large tract wildlife areas as shown on the biological resources map. No variance from this subsection shall be allowed.

D.

Decisions of the POD to approve or deny a landscape plan may be appealed by the property owner to the DRC, whose decision shall be deemed a final decision of the City.

(Code 1992, § 16.40.060.2.1.7; Ord. No. 195-H, § 1, 9-17-2015)