B. Applicability
Unless otherwise exempted by this LDC, the standards of this Section 5.6 shall apply when:
(1) New Development
a. A new primary structure is constructed; or
b. An existing primary structure is relocated on the lot or parcel.
(2) Expansions and Enlargements
a. The gross floor area of an existing structure is expanded or enlarged by 25 percent or more; or
b. There is a change of use of the existing building that requires an increase of off-street parking by 25 percent or more; or
c. Any expansion or enlargement of a structure or land use that requires a conditional use permit, as determined by the Director.
(3) Self-Initiated Improvements
Major parking area improvements are made including reconfiguring, reconstructing, or other similar projects. Resurfacing, restriping, or similar projects are not considered major improvements.
(4) Exemptions in the Single-Family Residential and OS Districts
Properties in single-family residential zoning districts are exempt from the requirements of Section 5.6.C, Landscaping and Buffering, except that subsection 5.6.C(5), Tree Preservation and Protection, shall apply. Property in the Open Space (OS) zoning district shall be exempt from Section 5.6.B(7), Alternative Landscaping; Section 5.6.C(2), Minimum Landscaping Required; Section 5.6.C(3), Minimum Rear and Side Lot Buffers Required; and Buffers Required; and 5.6.C(4), Landscape Area Use and Maintenance, but all other standards shall apply.
(5) Overlapping Requirements
a. In the event one or more landscaping standards in this section conflict one with another, the Director shall determine which standard shall prevail.
b. In the event two or more landscaping standards overlap, the same landscape treatment may be counted toward meeting the requirements of both standards.
(6) Landscape Plan Required
a. A landscape plan with designed landscaped areas shall be submitted with all development applications where landscaping, buffering, or screening is required pursuant to Section 5.6.B, unless the relevant decision-making authority determines that compliance with the provisions of this Section 5.6 can be demonstrated without the use of a landscape plan.
b. A landscape plan may be combined with other required application materials if compliance with this Section 5.6 can be demonstrated in the combined materials.
c. The landscape plan shall show existing trees drawn to scale and proposed trees after 10 years of growth.
d. The landscape plan shall incorporate the tree removal plan as described in Section 5.6.C(5)a, Plan Required.
(7) Alternative Landscaping
a. Alternatives Authorized
A reduction in the count, configuration, or location of required landscaping materials may be allowed when alternatives are justified by site or development conditions. The applicant shall provide justification for the use of alternatives and shall demonstrate how compliance with the standard(s) from which a deviation is sought will be achieved to the maximum extent practicable. Conditions that may justify approval of an alternative landscape plan include:
1. Natural conditions, such as watercourses, natural rock formations, or topography;
2. The likelihood that required landscaping material would not achieve the intent of this Code at maturity due to topography, placement, or other existing site conditions;
3. Unique lot size or configuration;
4. Infill development or redevelopment on small lots;
5. The presence of existing utility or other easements;
6. The potential for interference with public safety;
7. Preservation of natural vegetation; or
8. Other situations where strict adherence to the buffer or landscaping standards in this LDC are determined impractical by the Director.
b. Alternative Landscape Plan Approval Criteria
The Director may approve alternative landscape plans that do not meet the specific requirements stated in this Section 5.6, when the applicant demonstrates and the Director determines that the alternatives meet all of the following criteria:
1. Are consistent with the purposes of this Section 5.6;
2. Do not include invasive vegetation included in an adopted city, county, or state list of prohibited or invasive species;
3. Provide equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and
4. Provide equal or superior visual appearance of the property when viewed from a public right-of-way. [Res. 2019-19 Exh. A, 10-8-19].