§ 62-4346. Waivers.

(1)

An administrative waiver to the requirements of this Code may be granted when the director has determined that:

a.

The site will not support the required trees and vegetative communities to be preserved as well as the required landscaping. This situation may occur when preservation far exceeds what is required by Code, thereby limiting planting area.

b.

Up to 34 percent reduction in required Type A and/or Type B buffer depth is warranted due to adverse site conditions. The reduced buffer shall meet vegetative and opacity requirements pursuant to section 62-4342. The applicant shall also provide visual and physical screening and buffering between potentially incompatible uses to reduce the effects of glare, noise and incompatible activities, including but not limited to circumstances where commercial, institutional, public, and industrial uses abut existing residential uses to the greatest extent feasible.

c.

Type A and/or Type B buffers cannot be installed due to safety concerns verified in writing by a law enforcement agency.

d.

A specimen tree meeting size criteria does not meet the definition because it is not unique based on its age, rarity or special historical or ecological significance considering the immediate site or surrounding area.

e.

Pre-development impervious coverage of a root protection zone has not historically adversely impacted the viability of the tree, the tree may still be counted toward canopy, tree preservation and landscaping performance standards pursuant to sections 62-4339, 62-4340 and 62-4341.

f.

A redevelopment site cannot reasonably comply with the buffer requirements of section 62-4342 due to adverse site conditions and compliance with the buffer requirement unduly impairs the intended use of the property. Where the buffer waiver is approved, the site shall meet opacity requirements pursuant to section 62-4342. The applicant shall also provide visual and physical screening and buffering between potentially incompatible uses to reduce the effects of glare, noise and incompatible activities, including but not limited to circumstances where commercial, institutional, public, and industrial uses abut existing residential uses to the greatest extent feasible. The applicant must demonstrate that efforts have been taken to meet these requirements in locations where appropriate. This waiver may only be approved where acceptable mitigation is demonstrated in an Alternative Landscape Enhancement Plan (ALEP) to mitigate for the lack or reduction of buffers. For Type A buffer waivers, the ALEP must be approved as part of a public hearing process with notification to contiguous property owners to address neighboring residential concerns. Advertising and notification costs shall be the responsibility of the applicant.

It is the intent of this division that preservation of native and Florida-friendly vegetation shall take precedence over additional planting of vegetation.

(2)

When the county manager or designee determines that a minor administrative adjustment to the applicable parking standards in nonresidential zoning classifications would allow for the preservation or additional planting of native or Florida-Friendly Landscaping on the site, upon a written request by the applicant, together with a vegetation survey, submitted with the required landscaping plan, the county manager or designee may administratively waive up to 30 percent of the applicable parking standards for the property. If the parking requirements of any other section of this Code conflict with the landscaping requirements of this division, the conflict may be resolved by the county manager or designee.

(Ord. No. 08-01, § 15, 1-8-08; Ord. No. 09-24, § 13, 9-15-09; Ord. No. 2012-28, § 2, 9-4-12)