17.10.070 Review procedures.
A. Approval Procedures.
1. The Zoning Administrator shall determine sufficiency and compliance of the submitted landscaping plan. The land use authority responsible for the type and process of development under which landscaping is required (e.g., building permit approval, site plan approval, townhome plat or condominium plat approval, subdivision approval, etc.) shall review and approve the submitted landscaping plan as a part of the proposed development plan. Process, review, and approval procedures for each type of development approval shall be determined by its specific MMC provisions; the landscaping plan shall be supplementary to the development approval.
B. Legal, Nonconforming Landscaping.
1. Legal, nonconforming status shall be determined and processed consistent with the provisions in Chapter 17.12, General Provisions.
2. Upon review of a sufficiently complete landscaping plan, the Zoning Administrator shall determine the ability to continue or expand legal, nonconforming landscaping, given the following parameters:
a. The proposed change to the required landscaping area/yard shall not be greater than the following, based on the smaller calculation:
i. Two thousand square feet or more of change to nonexempt landscaped area; or
ii. Fifty percent or more of change to nonexempt landscaped area;
3. Any modifications to the required landscaping shall come into greater compliance with general standards that are required for all landscaping plan levels.
C. Exemptions.
1. Except as noted otherwise by special circumstances, the provisions of the general standards of Section 17.10.060 shall not apply to:
a. Interior remodels;
b. Tenant improvements;
c. Demolitions;
d. Change of use;
e. Repair of irrigation systems in conjunction with routine maintenance; and
f. Ecological restoration projects that do not require a permanent irrigation system.
2. Except as noted otherwise by special circumstances, only the provisions of Section 17.10.060, general standard 8, irrigation system criteria, shall apply to:
a. Replacement of irrigation systems;
b. Active recreational areas;
c. Cemeteries;
d. Registered local, state or federal historical sites; and
e. Existing plant collections, as part of botanical gardens and arboretums open to the public.
3. Upon review of a sufficiently complete landscaping plan, the Zoning Administrator shall determine qualifying exemptions from the general standards and legal, nonconforming landscaping provisions of this chapter. Exemptions include:
a. Personal agriculture cultivation.
b. Permitted and approved areas under Chapter 17.52, Keeping Limited Numbers of Fowl for Food Production.
c. Permitted and approved agricultural uses.
4. For properties located in the defined USGS geo-hazard, shallow soluble-soil zone, the landscape material, plat material, minimum percentage requirement shall not apply.
D. Exceptions.
1. The City may grant exceptions to the landscaping standards when practical difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and intent of the standards.
2. Requests for exceptions from the standards, policies, or submittal requirements of this document shall be submitted in writing with appropriate documentation and justification to the Zoning Administrator. Exception requests must, at a minimum, contain the following:
a. Standards under which the applicant seeks an exception;
b. Justification for not complying with the standards;
c. Proposed alternate criteria or standards to comply with the intent of the standards;
d. Supporting documentation, including necessary calculations;
e. The proposed exception’s potential adverse impacts for adjacent landowners; and
f. An analysis of the exception request, signed by a qualified landscape professional or qualified irrigation design professional, depending on the topic of the request.
3. Upon receipt of a complete application for an exception, the Zoning Administrator shall prepare a statement to recommend that the exception be approved or denied or to request a modification of the proposed exception.
4. Exceptions shall be reviewed and approved by the Planning Commission. (Ord. 23-15 § 3, 2023; Ord. 23-08 § 3, 2023)