All plant materials shall comply with the following standards:

The purposes and intent of the landscaping and screening requirements of this Article are to:

A.

Minimize the transmission from one land use to another of nuisances associated with noise, dust, glare, and litter.

B.

Minimize visual pollution that may otherwise occur within an urbanized area. Minimal screening provides an impression of separation of spaces, and more extensive screening can entirely shield the visual effects of an intense land use from a less intense land use.

C.

Establish a greater sense of privacy from visual or physical intrusion of intense land uses, the degree of privacy varying with the intensity of screening.

D.

Establish aesthetically pleasing, functionally appropriate and sustainable landscaping design for the long-term enhancement of the appearance of development in the community.

E.

Safeguard the public health, safety and welfare, and preserve and enhance aesthetic qualities that contribute to community character.

Wherever in this ordinance a greenbelt, planting and/or material is required, the landscaping shall be planted prior to the issuance of any temporary or final certificate of occupancy and shall thereafter be reasonably maintained consistent with the intent of the approved landscaping design plans. If it is not possible to install the landscaping prior to the certificate of occupancy, a performance guarantee shall be posted consistent with Section 138-22.208.

All landscape plans shall be signed and sealed by a registered Landscape Architect, and shall include all of the information required by Section 138-2.208.

A.

Visibility. Landscaping and screening materials shall be laid out in conformance to the requirements of Section 138-5.204 (Corner Clearance), and shall not conflict with visibility for motorists or pedestrian access.

B.

Plantings near utility lines and fire hydrants. Required plant materials and screening shall be arranged to avoid conflicts with underground and overhead utility lines and access to or visibility of fire hydrants. The anticipated height at maturity of trees planted near overhead utility lines shall not exceed the line height above grade.

C.

Protection. Where pavement and landscape areas interface, concrete curbing or similar measures shall be provided to protect plants from vehicle encroachment.

[A.

] Walls required under this Article shall have no openings for vehicular traffic or other purposes, except such openings as may be approved by the City. All walls required in this ordinance shall be constructed of decorative stone or brick. The height of the wall shall be measured from the prevailing grade of the land on the side of the wall facing the less intense use. Walls shall be erected on a concrete foundation which shall have a minimum depth of 42 inches below a grade approved by the building department and shall not be less than four inches wider than the wall to be erected.

[B.]

A six-foot tall decorative opaque vinyl fence or densely planted evergreen landscaping sufficient to form a living green wall with a minimum height of six feet may be permitted by the Planning Commission in lieu of a masonry wall when the characteristics of the two abutting uses would make such a substitution appropriate.

To assist in maintaining plant materials in a healthy condition, all landscaped areas (including lawns) shall be provided with an automatic, underground, or drip irrigation system, subject to the following:

A.

The Planning Department may approve an alternative form of irrigation for a particular site, or may waive this requirement upon determining that underground irrigation is not necessary for the type of proposed plant materials.

B.

All automatic irrigation systems shall be designed to minimize water usage, and shall be shut off during water emergencies, periods of protracted rainfall, or water rationing periods.

C.

The irrigation requirement may be waived by the reviewing authority if the project incorporates landscaping that will contribute points towards LEED certification or an equivalent rating system.

Screening required under this Article shall be located directly adjacent to the lot line except where underground utilities interfere. Upon approval of the Planning Commission and when mutually agreeable to affected property owners, required screening may be located on the opposite side of an alley right-of-way when a nonresidential district abuts a residential district. The continuity of the required screening on a given block shall be a major consideration of the Planning Commission in reviewing such request.

Please refer to Chapter 126, Article 3, Divisions 1—3 of the General Code of Ordinances for tree removal and replacement requirements. Trees provided as replacement trees shall not count towards the requirements of this Article, however, trees to be preserved may be counted towards the minimum requirements in accordance with Section 138-12.204.

A.

Performance Bond.

1.

Whenever a site plan requires any type of landscaping, the owner of the property shall be required to post a Performance Bond prior to the issuance of a Land Improvement Permit to ensure the completion of landscaping (including irrigation).

2.

A Performance Bond must be a cash bond or a corporate surety bond or irrevocable bank letter of credit in the full amount of the sum due as determined by the City, including all applicable fees.

B.

Maintenance Bond. A Maintenance Bond in the sum of 25 percent of estimated cost of landscaping (including irrigation) must be posted prior to the release of the performance bond, unless the performance bond can also be utilized for maintenance bond purposes. If the performance bond can also be utilized for maintenance purposes, the performance bond can be reduced to 25 percent of the original amount. The Maintenance Bond is held for a period two years, at the end of which time the City shall inspect the landscaping. Once inspection issues are addressed, the unused balance of the Maintenance Bond will be released.

C.

Performance and Maintenance bonds shall remain valid and shall not expire, until the bond is specifically released by the City.

(Ord. No. 199, § 15, 3-17-2025)

The owner of the property shall be responsible for all maintenance of site landscaping, as follows:

A.

Landscaping shall be kept in a neat, orderly and healthy growing condition, free from debris and refuse.

B.

Pruning shall be minimal at the time of installation, only to remove dead or diseased branches. Subsequent pruning shall assure proper maturation of plants to achieve their approved purpose.

C.

All dead, damaged, or diseased plant material shall be removed immediately and replaced within six months after it dies or in the next planting season, whichever occurs first. For purposes of this Section, the planting season for deciduous plants shall be between March 1 and June 1 and from October 1 until the prepared soil becomes frozen. The planting season for evergreen plants shall be between March 1 and June 1. Plant material installed to replace dead or diseased material shall be as close as practical to the size of the material it is intended to replace. The City may notify property owners of the need to replace dead, damaged, or diseased material.

D.

The approved landscape plan shall be considered a permanent record and integral part of the Site Plan Approval. Unless otherwise approved in accordance with the aforementioned procedures, any revisions to or removal of plant materials, or non-compliance with the maintenance requirements of this Section 138-12.109 will place the parcel in non-conformity with the approved landscape plan and be a violation of this ordinance.

E.

If protected trees are damaged, a fine shall be issued on an inch-by-inch basis at a monetary rate as defined by the Forestry Department.

All landscaping shall be installed in a manner consistent with the standards of the American Association of Nurserymen, the approved site plan, and the following:

A.

Deadline for installation. Installation of required screening and landscaping shall be completed prior to or at the time of completion of building construction, except when building construction is completed during the off-season when plants cannot be installed, in which case the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season.

B.

Extension. The City may extend the deadline to allow installation of required plant materials by the end of the next planting season, upon determination that weather conditions, development phasing, or other factors would jeopardize required plant materials and prevent their installation by the deadline specified in this Section.

C.

Performance Guarantee. Installation and maintenance bonds may be required. Refer to Section 138-12.108, above.

Whenever a landscape planting screen or other plantings are required under this ordinance, such plantings shall be installed according to accepted good planting procedures and in a sound, workmanlike manner. All plant material shall meet current standards of the American Association of Nurserymen and approved by the American National Standards Institute, Inc. (ANSI 260.1, 1996).

A.

All plant material shall be true to name in conformance to the current edition of Standardized Plant Names established by the American Joint Committee on Horticultural Nomenclature, or other source accepted by the City.

B.

All plant material shall be nursery grown in a northern climate; hardy to the climate of Michigan; appropriate for the soil, climatic and environmental conditions; and resistant to disease and insect attack.

C.

A minimum four inches of topsoil shall be provided for all lawn areas, ground covers, and planting beds.

D.

Artificial plant material is prohibited and shall not be used to meet the requirements of this Article.

The following shall apply to all groundcover materials:

A.

Lawn areas shall be planted in species of grass normally grown as permanent lawns in Michigan. Grass may be sodded or hydro-seeded, provided that adequate measures are taken to minimize soil erosion. Sod or seed shall be clean and free of weeds and noxious pests or disease.

B.

A minimum four-inch layer of shredded hardwood bark shall be placed in all planter beds containing trees or shrubs and around the base of all trees planted within lawn areas (mulch cover the entire planting pit width). To aid in maintenance operations all shrubs planted within lawn areas are to be planted in groups and mulched as a group, and hedgerows are to be mulched as one continuous strip.

C.

Live groundcovers such as myrtle (Vinca minor), blue rug junipers (Juniperus horizontalis 'Wiltonii'), Baltic ivy (Hedera helix 'Baltica', Pachysandra (Pachysandra terminalis) and other similar vines and plant material shall be mulched with a two-inch layer of shredded hardwood bark. Any deviations must be approved by the City's landscape architect.

Landscape materials used to satisfy the requirements of this Article shall be common to the area and suitable for their intended use. Species native to southeast Michigan are encouraged. The Planning Department will maintain on file a list of prohibited plant materials that may not be used to satisfy the requirements of this Article. Bare root stock of any kind is not permitted.

Spacing of plant materials required under this Article shall be as follows:

A.

Plant materials shall not be placed closer than four feet from the fence line or property line.

B.

Where plant materials are planted in two or more rows, planting shall be staggered in rows.

C.

Where shrub plantings are required to form a continuous hedge or used for screening purposes, the plants shall not be spaced more than 36 inches on center at planting, and shall have a minimum height and spread of 30 inches at planting. Shrubs that will not attain sufficient width to form a complete hedge spaced 36 inches on center shall be planted at a spacing that will allow them to form a complete hedge within 2 years of planting.

(Ord. No. 581, § 9, 11-11-2013)

Healthy existing trees on a site may be used to satisfy any of the requirements of this Article, subject to the reviewing authority's approval and the following. This Section 138-12.204 does not replace or supersede the requirements of the City's Tree Conservation Ordinance.

A.

Site plans shall show all existing trees which are located on the portions of the site and on portions of adjacent sites within 20 feet of the site that will be built upon or otherwise altered, and are six inches or greater in caliper, measured 4.5 feet above grade. Trees shall be labeled "To Be Removed" or "To Be Saved" on the site plan, with tree species and caliper noted for trees to be saved. Only trees six inches in caliper or greater may be used to satisfy any landscaping requirement of this ordinance.

B.

The Planning Commission may require City inspection of existing plant materials prior to or as a condition of site plan approval to determine the health and desirability of such materials. Such inspections shall be performed by the City or by a certified arborist or similar qualified consultant.

C.

Where plant materials are to be saved, prior approval shall be obtained by the property owner from the City prior to any delimbing, root pruning, or similar work.

D.

Protective fencing shall be placed at the drip-line of existing trees, and around the perimeter of other preserved plant materials, with details of protective measures noted on the site plan. No vehicle or other construction equipment shall be parked or stored within protected areas.

E.

In the event that healthy plant materials which are intended to meet the requirements of the Ordinance are cut down, damaged or destroyed during construction, said plant material shall be replaced with an equivalent species to the damaged or removed tree. Replacement trees shall be provided at the ratio of one replacement tree for each six inches in caliper measured 4.5 feet above grade level or fraction thereof of tree that is cut down, damaged, or destroyed, up to a maximum of four replacement trees, unless otherwise approved by the City based on consideration of the site and building configuration, available planting space, and similar considerations.

F.

Transplanting of trees within the site is prohibited without the prior approval of the Planning Commission. If such trees are transplanted, their actual replacement value must be calculated and 100 percent of the replacement value must be included in the Maintenance Bond required by Section 138-12.108.

A.

To ensure adequate variety, and to avoid monotony and uniformity within a site, required plant materials shall not include more than 20 percent of any single plant species, and shall comply with the following schedule for minimum sizes at planting:

Table 18. Plant Material Requirements

*Caliper-inches measured 12 inches above grade.

B.

The City may approve modifications from the above table for appropriate landscape materials that do not meet the above minimum size requirements or are not readily available at landscape supply yards in the required size. If smaller materials are approved the difference for the smaller materials shall be compensated with additional material being provided. In approving such a modification, the City shall determine that the substituted plant material size will meet the intent of this Article, and that providing a landscape material that meets the above size requirements is impractical or not feasible.

(Ord. No. 170, § 17, 6-16-2014)

Buffers or greenbelts and obscuring walls or fencing are intended to mitigate any potential negative impacts that a proposed land use may have on neighboring land uses, or to obscure unsightly items or areas from view off the site. The buffer or greenbelt is a designated unit of yard or open space together with any plant materials, barriers and screening designed to minimize negative impacts of adjacent land uses. Both the amount of land and the type and amount of landscaping specified are intended to minimize potential nuisances such as noise, glare, dirt, litter, unsightly areas and similar impacts.

These buffer requirements are designed to be flexible. A single standard applied to all circumstances may not function as well and might impose unnecessary difficulties on development and lead to monotony. It is the intent of the following provisions to provide flexibility to the developer or property owner through the manipulation of four basic elements: distance, plant material type, plant material density and structural or land forms.

Buffers shall be required as indicated in Table 19. Such buffers shall be provided along site perimeters without road frontage, except to permit driveways or other necessary site improvements.

A.

Buffer Descriptions and Requirements. The following is a description of the intended character and function of each buffer type. The specific requirements for each buffer are listed in subsection B., and the type of buffer required between land uses is listed in subsection C.

1.

Type A: Intended to separate uses, provide vegetation in densely developed areas, and to enhance the appearance of individual properties.

2.

Type B: Low density screening to partially block visual contact between zoning classifications.

3.

Type C: Medium density screen to partially block visual contact between zoning classifications and to create spatial separation.

4.

Type D: Medium-high density screen intended to substantially block visual contact between zoning classifications and create spatial separation. Must form an opaque screen to a height of six feet within three years of planting.

5.

Type E: High density screen intended to substantially block visual contact between zoning classifications and create spatial separation. Type E planting buffers reduce light and noise trespass that would otherwise intrude upon adjacent zoning classifications. Must form an opaque screen to a height of eight feet within three years of planting.

B.

Buffer Requirements. The following table lists the minimum amount of plant material required in each buffer type. The following table lists only the minimum requirement, and nothing shall prevent a property owner from providing additional landscaping. Landscaping required by the following table may be planted in clusters at appropriate locations within the buffer or spaced regularly throughout the buffer, provided that the landscape plan meets the intent of the buffer type listed in subsection A., above.

Table 19. Buffer Standards

Notes:

1.

Residential Buffers. All required buffers within residential developments must be placed within defined landscape buffer easements and may not be part of any individual residential lot.

2.

Screening Wall. Where a screening wall is required, either a masonry or a densely planted "green" wall may be used at the discretion of the reviewing authority after taking into account specific conditions on and adjacent to the site. Screening walls shall comply with the following requirements:

a.

Green Wall Requirements. Where a green wall is proposed, the plantings comprising the green wall shall be of a sufficient size and spaced on-center such that they will be sufficient to form an opaque screen to a height of six feet within three years of planting. The evergreen and shrub planting requirements of the above table shall be disregarded when a green wall is proposed, as the green wall plantings will serve the same purpose as the evergreen and/or shrub planting requirements.

b.

Masonry Wall Requirements. All masonry screen walls shall be six feet in height, consist of decorative masonry or natural materials such as brick or stone, and capped with a stone or concrete cap. The color and material shall be coordinated with the materials of the principal building.

c.

Landscaping With a Masonry Wall. Where a masonry wall is proposed, no evergreen trees are required. Instead, additional deciduous trees and shrubs shall be provided at the rate of 0.5 deciduous trees and two shrubs for each evergreen tree that would otherwise be required in the buffer yard. These additional deciduous trees and shrubs are in addition to the deciduous trees and shrubs otherwise required in the buffer yard.

3.

Existing Vegetation. The berm or planting requirements may be waived or modified by the reviewing authority if existing vegetation will provide an equal or greater screen than that required by Table 17. If existing vegetation is removed or damaged during construction, buffer plantings shall be provided in accordance with the requirements of Table 17.

4.

Earth berms required under this ordinance shall consist of raised earth with side slopes of 3:1 or flatter with a four-foot-wide flat or slightly rounded crest contoured to the side slopes to facilitate maintenance. Berms shall be covered with grass or other ground cover to prevent erosion.

C.

Required Buffer Types. The following Table 20 identifies required buffer types.

Table 20. Required Buffer Types

Table Notes:

1.

Landscape requirements apply only to subdivision or condominium development in one family residential zoning districts. The buffer yard may be accommodated on or within lots, and need not be provided in a separate landscape area.

2.

The Planning Commission may require a six-foot tall decorative masonry screen wall in addition to the landscape requirements.

3.

Where the rear yard of lots or units in a plat or condominium face a perimeter road, a minimum eight-foot tall opaque screen shall be provided along the entire length of frontage. Such screen may be provided by preserving existing vegetation and/or by additional plantings.

4.

In respect to the designation of M-59, M-59 is not a zoning district. It is intended that the buffer and screening shall be for any zoning district with frontage along the M-59 Freeway.

(Ord. No. 170, §§ 16, 17, 6-16-2014; Ord. No. 179, § 4, 8-8-2016; Ord. No. 196, § 11, 6-19-2023)

The development of land for parking lot purposes alters natural topography, disturbs existing vegetation and creates impervious surface, all of which can have a negative effect on the ecological balance of an area by causing increases in air temperature and accelerating the processes of runoff, erosion, and sedimentation. Recognizing that the preservation or installation of vegetative cover in parking lots promotes the health, safety and general welfare by aiding in the stabilization of the environment's ecological balance by contributing to the process of air purification, ground water recharge, and stormwater runoff retardation while at the same time aiding in noise, glare and heat abatement, the following requirements for the landscaping of parking and outdoor display areas are enacted:

A.

Interior Landscaping. Interior landscaping shall be provided within the boundaries of the parking lot unless otherwise approved by the Planning Commission. If interior landscaping is provided along the perimeter of the parking lot, it shall be in addition to the perimeter landscaping requirements.

1.

Interior landscaping areas equivalent to five percent of the vehicle use area shall be required in all parking lots of 20 spaces or more. One deciduous shade tree shall be required for each 150 square feet of required interior landscape area. The vehicle use area includes all areas used for vehicular circulation and parking.

2.

Terminal landscape islands shall be provided at the end of each row of parking spaces to separate parking from adjacent drive aisles. Terminal islands shall be curbed, and shall be at least 144 square feet in area and 18 feet long for each single row of parking spaces. Each landscape island shall have a minimum of one shade tree. The Planning Commission may waive the requirement for terminal landscape islands in the interest of meeting barrier-free requirements.

3.

Interior landscape islands shall have a minimum area of 160 square feet and a minimum width of eight feet (measured from the back of curb). Each landscape island shall have a minimum of one deciduous shade tree unless waived by the reviewing authority consistent with Section 138-12.308.

4.

Parking lot divider medians with a minimum width of eight feet (measured from the back of curb) may be used to meet interior landscape requirements and shall form a continuous strip between abutting rows of parking. One shade tree or two ornamental trees shall be required for each 25 lineal feet of divider median or fraction thereof. Shrubs shall be planted to form a continuous hedge the full length of divider medians which separate parking areas from access drives.

5.

Two feet of interior landscape areas (except parking lot divider medians) may be part of each parking space required by Section 138-11.204 of this ordinance. Wheel stops or curbing shall be installed to prevent vehicles from encroaching more than two feet into any interior landscaped area. If a landscape area is used for parking overhang, at least two feet of clear area planted with lawn or covered with mulch shall be provided where cars will overhang the curb to protect landscape plantings from damage.

B.

Perimeter Landscaping. Perimeter landscaping shall be provided along the edge of any parking lot facing and located 100 feet of a public right-of-way, unless, in the opinion of the Planning Commission, the parking lot will be sufficiently screened from view by buildings or other site features or improvements. Parking lot perimeter landscaping shall comply with the following standards:

1.

Perimeter parking lot landscaping shall include a minimum of one deciduous shade tree per each 25 linear feet or fraction thereof and one ornamental tree per each 35 linear feet or fraction thereof.

2.

Wherever a parking lot or vehicle parking space is located within 30 feet of a public street or right-of-way, the perimeter landscaping shall also include a continuous hedge of deciduous or upright evergreen shrubs planted not more than 30 inches on center between the parking area and the street.

C.

Curbing Required. All landscaping and perimeter screening shall be protected from vehicle encroachment with concrete curbing or similar permanent means.

D.

Snow storage area. Adequate snow storage area shall be provided within the site. Plant materials in snow storage areas shall be hardy, salt-tolerant groundcovers characterized by low maintenance requirements.

Storage and loading areas are subject to the requirements of Section 138-4.430, and dumpsters and trash storage areas are subject to the requirements of Section 138-10.311.

(Ord. No. 581, § 4, 11-11-2013)

Where any pond, retention basin, detention basin, or other constructed stormwater management facility is required, it shall comply with the following requirements:

A.

Basin configurations shall be incorporated into the natural topography to the greatest extent possible. Where this is not practical, the basin shall be shaped to emulate a naturally formed or free form depression. The basin edge shall consist of sculptured landforms to filter and soften views of the basin.

B.

Basins shall be designed to avoid the need for perimeter fencing. Where such fencing is necessary, the location and design shall be subject to Planning Commission approval.

C.

Basins shall be planted with a mixture of groundcover and wetland-based plantings native to Michigan, such as native grasses or wildflowers.

D.

A Type A perimeter greenbelt buffer shall be provided in accordance with Section 138-12.300 (Buffer Requirements) and the following:

1.

Plantings shall be clustered around the basin to achieve a variety of plant materials and to replicate a natural environment. Deciduous shade trees should be clustered around the south and west sides of the basin to provide shade and minimize solar heating of the water.

2.

Trees shall be planted above the freeboard line of the basin. Any plantings proposed below the freeboard line shall be tolerant of wet or moist soil conditions. The location of plant materials shall take into consideration the need to provide access for routine basin maintenance.

(Ord. No. 581, § 8, 11-11-2013)

Public rights-of-way and other public open-space areas adjacent to required landscaped areas and development sites shall be landscaped in a manner that enhances the visual character of City streets and minimizes adverse impacts of vehicular traffic on adjacent uses. Right-of-way landscaping shall be subject to the following:

A.

Street Trees. Street plantings shall be required for all development projects adjacent to or along the margins of street rights-of-way and private road easements in the City, subject to the following:

1.

Street trees shall consist of deciduous shade trees planted at a minimum concentration of one street tree per 35 linear feet of right-of-way. Required trees may be planted at regular intervals or in groupings.

2.

Existing trees in good condition and of a desirable species located near or within street rights-of-way shall be preserved where feasible, and be counted toward the street tree planting requirement should the existing trees be four inches in caliper or greater.

3.

Permits may be required by the Road Commission for Oakland County or Michigan Department of Transportation for installation of street trees within rights-of-way under their jurisdiction. Where such plantings are not permitted within a street right-of-way, required street trees shall be planted within the front yard setback area, or at an alternative location approved by the City.

B.

Ornamental trees. Ornamental trees shall be required along street frontages for all development projects in the City. One ornamental tree shall be planted for every 35 lineal feet of right-of-way frontage. Ornamental trees may be clustered or planted at regular intervals.

C.

Groundcover plantings within street rights-of-way. Street rights-of-way shall be irrigated and sodded with lawn grasses.

D.

Maintenance of right-of-way landscaping. Right-of-way landscaping shall be maintained by the owner of the abutting lot(s), including any irrigation of the right-of-way.

E.

Corner Clearance. Right-of-way landscaping shall comply with the corner clearance requirements of Section 138-5.204.

(Ord. No. 188, § 8, 12-14-2020)

Any portion of a front, side or rear yard not utilized for storage, parking, loading or unloading shall be planted and maintained in a neat condition.

In all R Districts, so called entranceway structures, including but not limited to walls, columns, gates, and landscaping that mark entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in Section 138-5.204 (Corner Clearance), provided that such entranceways shall comply to all codes and ordinances of the City of Rochester Hills and shall be approved by the City. Entranceway landscape areas shall be located in established landscape easements and may not be part of any individual lot.

Recognizing that a wide variety of land uses and the relationships between them can exist, and that varying circumstances can mitigate the need for landscaping, the Planning Commission may reduce or waive the screening and buffer zone requirements of this Article 12 and approve an alternative screening plan. The Planning Commission shall find that the following standards have been met whenever it modifies any landscaping requirement:

A.

The landscape/screening plan shall protect the character of new and existing residential neighborhoods against negative impacts such as noise, glare, light, air pollution, trash and debris, and hazardous activities.

B.

The alternate width and type of buffer zone and screening provided therein will ensure compatibility with surrounding and nearby land uses because:

1.

The development is compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, building height, identified historical character, disposition and orientation of buildings on the lot and visual integrity.

2.

The site has natural existing vegetation and/or topography, natural bodies of water or wetland areas or other existing conditions which offer screening consistent with the standards set forth in this Article 12. The Planning Commission shall require the preservation of these natural features as a condition of site plan approval.

3.

The arrangement, design and orientation of buildings on the site maximize privacy and isolate adjacent and nearby land uses from any potential negative impacts of the project.

The Planning Commission or official approving the landscape and irrigation plans may waive or reduce the requirements of this division upon determining that the following would apply:

A.

The purpose of this Article cannot be met; and

B.

Compliance with the requirements would impose a practical difficulty on the applicant or would create safety hazards to pedestrians or motorists.

C.

Safeguard the public health, safety and welfare, and preserve the aesthetic qualities and enhance the community character.