18A.70.120 Exceptions.
Exceptions to this article are allowed under the following circumstances:
A. Residential Properties. The landscaping and street tree provisions of this article shall not apply to lots which are, as of the effective date of the ordinance codified in this title, zoned for and used as a detached or an attached single-family dwelling use type, excluding zero lot line developments; provided, that the zoning and/or use continues unchanged from its status as of said effective date.
B. Interior Tenant Improvement. The landscaping provisions of this article shall not apply to existing structures where interior tenant improvements, such as interior remodel or painting, occur and where there is no addition to the number of parking spaces provided.
C. Existing Structures. Where existing structures are situated so as to preclude installation of required landscaping, the Director, at his/her sole discretion may reduce the required landscaping for the area affected by such structures pursuant to subsection (E) of this section.
D. Physical Limitation of the Site. The Director may modify landscaping requirements for structure remodeling or tenant improvements when the development of the required landscaping improvement(s) is not, in the determination of the Director, feasible due to physical limitations of the site that are no fault of the applicant. Where landscaping requirements have been reduced, the landscaping shall be relocated in the following manner and order:
1. At the entry of the building.
2. To another lot line.
3. To an equal-sized area in another portion of the lot.
4. To an area as determined by the Director upon review with the owner or developer.
5. The applicant shall post money into the City Street Tree Fund proportionate to the landscaping that cannot be relocated. The cost of the landscaping shall be based on a proportionate square foot cost of other areas on the lot that have been landscaped to a similar standard.
E. Parking for Existing Structures. Where compliance with the provisions of loading areas and off-street parking requirements for existing buildings or structures conflicts with the requirements of this section, the required landscaping and/or parking may be reduced, as determined by the Director, pursuant to subsection (F) of this section.
F. Landscaping Reduced. Where landscaping is reduced or waived in a specific location, equivalent landscaping shall be located elsewhere on the site in the following manner and order:
1. At the entry of the building.
2. To another lot line.
3. To an equal-sized area in another portion of the lot.
4. To an area as determined by the Director upon review with the owner or developer.
5. The applicant shall post money into the City Street Tree Fund proportionate to the landscaping that cannot be relocated. The cost of the landscaping shall be based on a proportionate square foot cost of other areas on the lot that have been landscaped to a similar standard.
G. Jointly Developed Properties. If contiguous lots or driveways to such lots are developed jointly with like uses, a portion of the perimeter buffering required between the lots may be relocated to other areas of the site, at the discretion of the Director; provided, that the remaining portion of the perimeter buffering area is landscaped in a pedestrian-friendly manner to the required standard.
H. Existing Vegetation. Where existing vegetation can provide the same level of screening as required by the landscaping requirements, the Director may grant a waiver to some or all of the standard requirements. In such case, the applicant shall be responsible for submitting to the Community and Economic Development Department, an alternate conceptual landscape plan, supporting photographs and a brief explanation as to how the alternate plan satisfies the intent of the landscape standard required. Supplemental plant material may be required to be installed within, or adjacent to, the natural landscape area to fully comply with the intent of the required landscape standards. [Ord. 726 § 2 (Exh. B), 2019.]