§ 154.12. Exemption or modification to landscape buffer wall requirement.

(A)

Requests to substitute landscaping for an architectural wall that is a required feature of a landscape buffer strip or requests to be exempt from installing the landscape buffer strip requirement shall be reviewed by the City Council.

(B)

Public Hearing Required. Before making its decision on a request for a landscape modification, the City Council shall hold a public hearing thereon.

(C)

Notification Requirements. The following notification procedures shall be utilized:

1.

Notice of public hearings shall be published at least seven (7) days prior to the hearings, in a newspaper of general circulation in the City. The notice shall include the dates, times, places, and locations of hearing, and shall contain a description of the relief or action sought and the subject property.

2.

In addition to the required notices heretofore set forth, other methods of notification may be utilized by the City Council at its option. These methods may include, but not be limited to, mail notification to owners of property within a maximum of 750 feet to property forming the subject of the public hearing and notice may be posted upon the property which is the subject of the public hearing. The Zoning Administrator is authorized to post any notice upon property and it shall be unlawful for any person to remove or tamper with that notice during the time period as may be established for the maintenance of the notice.

(D)

Conduct of Hearings. Any interested person shall have the right to submit oral or written testimony at the hearings. All testimony and exhibits submitted at the hearing shall be incorporated into the application file and shall be considered a part of the record on the application.

(E)

Requests to substitute landscaping for an architectural wall that is a required feature of a landscape buffer strip where commercial, industrial, institutional, office or public facility uses abut property to the side or rear which is designated with an open space land use, but used for drainage or stormwater retention, shall be subject to approval of the Site Plan Review Committee. The Zoning Administrator may refer the request to the City Council for approval.

(Ord. No. 15-70, § 1, 9-14-15)