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HomeMy WebLinkAbout835_Part 12 Ch 19_Landscape OrdinanceTulsa County Clerk - EARLENE WILSON Doc # 2006002911 Page 3 Receipt # 838756 01/09/06 13:13:00 Fee 17.00 000838756001 CITY OF OWASSO, OKLAHOMA ORDINANCE # 835 AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 19, LANDSCAPING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROVIDING LANDSCAPING STANDARDS FOR DEVELOPMENT IN THE CITY OF OWASSO. THIS ORDINANCE AMENDS PART 12, CHAPTER 19 OF THE OWASSO CODE OF ORDINANCES BY ADDING A NEW CHAPTER 19 AND A NEW SECTION THEREUNDER TO BE CODIFIED AS SECTION 19-101. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Twelve, Planning, Zoning and Development, Chapter 19, Landscaping Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted as a new chapter and section by providing and codifying as follows: SECTION 19-101 LANDSCAPING REQUIREMENTS A. — Introduction and Intent These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. The objective of this Ordinance is to establish procedures and practices governing the protection, installation, and long-term maintenance of trees, shrubs, vegetation, and other landscape elements within the City of Owasso and provide for the promulgation of rules necessary to achieve the intent of this ordinance. The City's purpose is as follows: IHWRI�M_ Fwame 097171me 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. 5. To provide for the promulgation of Rules and Regulations to implement and ensure continuation of the intent of the ordinance. C. - Nonconformities Any landscaped or non-landscaped developments existing prior to the adoption of this ordinance are considered legal and non-conforming. Any new developments placed upon properties within Owasso subsequent to the passage of this ordinance must meet the requirements of this ordinance. D. — Variances The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this ordiannce only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this ordinance, where by reason of exceptional narrowness, hollowness, shape, tropgraphy, or other extraodionary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordiannce will result in unnecessary hardship. E. - Rules and Regulations Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the ordiance to the City Council for adoption by resolution. Provided, jowever, that the City Manager sahll from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writting of the proposed Rules and Regulations and shall require the exact language of the proprosal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City council meeting for acknowledgment of council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulatiuons shall lay open and be subject to the City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. F. - Severability All laws and clauses of laws in conflict hereiwth are hereby repealed to the extent of said conflict. If this ordinance or application thereof to any person or circumstance isheld invalid, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to this end the provisions of this ordinance are declared to be severable. In addition, all landscaping will conform to all other applicable codes and regulations of the City of Owasso. G. - Penalty Violation of this ordinance shall be considered a Class "C" violation of the Owasso Code of Ordinances, provided for in Part I (General Provisions), Section 1-1080. Unless after the date hereof a different penalty is provided, any person convicted of violating this ordinance shall be punished by a fine of not more than Two Hundred Dollars ($200.00) per day excluding costs. SECTION TWO (2) Repealer All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 19, as section 19-101. PASSED by the City Council of the City of Owasso, Oklahoma on the 3rd day of January, 2006. Craig , Mayor ATTEST: Sherry Bish&p, City APPROVED as to form and legality this L day of JqNLkov,/ 2006. Julie Lombardi City Attorney Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: I, of lawful age, being duly sworn, am a legal representative of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a newspa- per qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Okla- homa with reference to legal publications. That said notice, a true copy of which is at- tached hereto, was published in the regular edi- tion of said newspaper during the period and time of publications and not in a supplement, on the following dates: JANUARY 10TH, 2006 Subscribed and sworn t e this 11TH day of JANUARY, ad Notary Public My Commission expires: Commission Expires 8-11-20091 PUBLISHERS'S FEE $ 372.00 Published in the Owasso F. .3r, Owasso, Tulsa County, Oklahoma, January 10, 2008. CITY OF OWASSO, OKLAHOMA ORDINANCE #835 AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 19, LAND- SCAPING REGULATIONS, OF THE CODE OF ORDI- NANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROVIDING LANDSCAPING STAN- DARDS FOR DEVELOPMENTS IN THE CITY OF OWASSO. THIS ORDINANCE AMENDS PART 12, CHAPTER 19, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW CHAPTER 19 AND A NEW SECTION THEREUNDER TO BE CODIRED AS SECTION 19 -101. SECTION TWO (2) Repealer All ordinances or pans of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): Severablllty If any pan or pans of this ordinance are held invalid or ineffective, the remaining portion shall nor be affected but remain in full force and effect. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Codification The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12, Chapter 19, as section 19 -101. PASSED by the City Council of the City of Owasso, Oklahoma BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO. on the 3rd day of January, 2008. OKLAHOMA, THAT, TO -WIT: /s/ Crafn Thuendel, Mayor SECTION ONE (1): Pan Twelve, Planning, Zoning and Development, Chapter 19, Landscaping Regulators, of the Code ATTEST. of Ordinances of the City of Owasso, Oklahoma, shall be enacted /a/ Sherry, Bishop City Clerk as a new chapter antl section by providing and codifying as follows: APPROVED as to form and legality this 3rd day of January, 2006. SECTION 19-101 LANDSCAPING REQUIREMENTS /a/ Julie Trout Lombardi. City Attorney A. — Introduction and Intent These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the pudic, increase property values, and improve the appearance of the com- munity through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and land- scape elements are recognized as effective means of beautifying antl enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban develop- ment. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount ortype of land- scaping that a development can provide. B. - Purpose The objective of this Ordinance is to establish procedures and prac- tices governing the protection, installation, and long -tern mainte- nance of trees, shrubs, vegetation, and other landscape elements within the City of Owasso and provide for the promulgation of rules necessary to achieve the intent of this ordinance. The City's pur. pose is as follows: 1. To promote the beautification of the City of Owasso 2. To promote reasonable preservation and replenishment of land- scaping in new developments and on existing commercial and pub- lic properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. 5. To provide for the promulgation of Rules and Regulations to implement and ensure continuation of the intent of the ordinance. C. - Nonconformitles Any landscaped or nondandscaped developments existing prior to the adoption of this ordinance are considered legal and noncon- forming. Any new developments placed upon properties within Owasso subsequent to the passage of this ordinance must meet the requirements of this ordinance, D. — Variances The Board of Adjustment, upon application, and after notice (when notice is required) and public heading, may grant variances from the terms of this ordinance only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this ordinance, where by reason of excep- tional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordi- nance will result in unnecessary hardship, E. — Rules and Regulations Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implementation of the intent of the ordinance to the City Council for adoption by resolution. Provided, however, that the City Manager shall from fime to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The pro- mulgation of such Rules and Regulations, in whoa or in pad, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the Citv Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in pan or in whole. Assert action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. F. - Severability All laws and clauses of laws in conflict herewith are hereby repealed to the extent of said conflict. N this ordinance or application there- of to any person or circumstance is held invaid, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to this antl the provisions of this ordi- nance are declared to be severable. In addition, all landscaping will conform to all other applicable codes and regulations of the City of Owasso. G. — Penalty Violation of this ordinance shall be considered a Class "C" violation of the Owasso Code of Ordinances, provided for in Pan 1 (General Provisions), Section 1 -108C. Unless after the date hereof a differ- ent penalty is provided, any person convicted of violating this ordi- nance shall be punished by a fine of not more than Two Hundred Dollars ($200.00) per day excluding costs. MEMORANDUM JAN ] y cu10 TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: BRIAN DEMPSTER INTERIM COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: TEXT AMENDMENTS TO OWASSO ZONING CODE CHAPTER 20 LANDSCAPE REQUIREMENTS DATE: January 15, 2010 BACKGROUND: During their regular meeting of February 6, 2007, the City Council approved Ordinance No. 883 amending the Owasso Zoning Code. This amendment created specific chapters within the zoning code and defined the process for amending language contained within each chapter. In addition, the City Council approved Resolution No. 2007 -01, adopting Rules and Regulations specific to the various chapters within the Owasso Zoning Code. The Landscape Requirements are included in the Owasso Zoning Code as Chapter 20. Following discussions held during the December 8, 2009 City Council worksession, the City Manager, pursuant to this notice, is promulgating new rules and regulations in the form of amendments to Chapter 20, Landscaping Requirements, of the Owasso Zoning Code to better allow for understanding and regulation of the long term maintenance of trees, shrubs, vegetation and other landscape requirements. REOUIRED ACTION: As authorized in Ordinance No. 883 and as included in Chapter 20; Landscape Requirements, of the Owasso Zoning Code, the City Manager "shall from time to time promulgate additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary." To initiate the process of amending the rules and regulations, the City Manager is required to notify (in writing) both the Owasso Planning Commission and the Owasso City Council of any proposed changes. Additionally, an action item must be placed on the City Council consent agenda in order for the City Council to acknowledge receipt of the proposed changes. Upon notification, the City Council has thirty days to take action to disapprove any or all of the proposed changes. Absent City Council action to disapprove the proposed changes within those thirty days allows the new rules and regulations to become the full effect of law. PROPOSED CHANGES TO THE LANDSCAPE RULES AND REGULATIONS: The primary change in the Landscape Requirements is the rewording of the maintenance section to allow for better enforcement of the preservation and protection of the required landscape materials approved with a development's site plan. Other changes include transferring the oversight of reviewing and approving any submitted landscape plan from the Planning Commission to the Community Development Department, and minor wording changes to correct typographical errors. REOUESTED ACTION: An action item has been placed on the City Council Consent Agenda for City Council acknowledgement of receiving the proposed changes (see attachment A) to the Landscape Requirements, Rules and Regulations. It is important to note that if no action is taken by the City Council to disapprove the proposed changes within thirty days from January 19, 2010, the amendments will become effective. ATTACHMENTS: 1. Proposed changes to Chapter 20 Landscape Requirements of the Owasso Zoning Code CHAPTER 20 LANDSCAPING REQUIREMENTS' 2005 Introduction and Intent. 2010 Promulgation of Rules and Regulations. 2015 Purpose. 2020 Definitions 2025 General Landscaping Requirements 2030 Commercial, Industrial, Office, and Multi - Family Landscaping Requirements 2035 Single - Family Landscaping Requirements 2040 Tree Preservation and Protection 2045 Care of Trees on Public Land 2050 Landscape Plan 2055 Nonconformities 2060 Variances 2005 INTRODUCTION AND INTENT These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. 2010 PROMULGATION OF RULES AND REGULATIONS The City Manager shall from time to time promulgate such additional Rules and Regulations, or changes to existing Rules and Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. Amended Landscaping Rules & Regulations. Approved by Owasso City Council January 19, 2010. 2015 PURPOSE The objective of this Chapter is to establish procedures and practices governing the protection, installation, and long -term maintenance of trees, shrubs, vegetation, and other landscape elements within the City of Owasso and provide for the promulgation of rules necessary to achieve the intent of the Landscape Ordinance. The City's purpose is as follows: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. 5. To provide for the promulgation of Rules and Regulations to implement and ensure continuation of the intent of the ordinance. 2020 DEFINITIONS ARTERIAL STREET — A street designated as an arterial in the City of Owasso Master Plan. CALIPER — The diameter of the tree trunk measured at 6" above ground level. DAMAGE — Includes any intentional or negligent act that will cause perennial vegetation to decline and die. DOWNTOWN — The area of Owasso bounded by the Owasso Expressway to the east; 86th Street North to the north, 5`h Avenue to the south, and Atlanta Street to the west. GROUND COVER — Low plants that grow to form a continuous cover over the ground, such as English ivy or grass. LANDSCAPE AREA — The area seen from the street that contains grass, shrubs, flowers, ground cover, trees or native plant materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation. LANDSCAPE BUFFER — Landscape area required to be provided adjacent to an existing single- family district in multi - family and non - residential areas. LANDSCAPED EDGE — Landscape area required to be provided adjacent to a street or highway in multi - family and non - residential areas. LANDSCAPING — Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines or grass. MAINTENANCE — In reference to landscaping includes irrigating, pruning, mulching, mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any other similar acts that promote the life, growth, health or beauty of the landscape vegetation. SHRUB — A bushy, woody plant, usually with several permanent stems and usually not over ten feet high at its maturity. TREE — Any self supporting woody plant having one or more defined stems or trunks and having a defined crown that customarily attains a mature height of eight feet or greater. 2025 General Landscaping Requirements These standards shall apply to all areas where landscaping is required: 1. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets. 3. All approved landscaping must be maintained in a healthy and presentable manner. This includes but is not limited to, replacing damaged, destroyed, dying or dead trees or shrubs. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his/her designee may lessen the requirements of the Landscape Rules and Regulations for a development when it is determined that the development complies with the intent of the ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Community Development Department prior to the effective date of the Landscape Ordinance shall be required to conform to the landscaping requirements of the ordinance or the rules and regulations. 2030 Commercial, Industrial, Office and Multi- family Landscaping Requirements These standards shall apply to all commercial, industrial, office, and multi - family zoning districts. Landscaping along street right -of -way: A landscaped edge shall be provided adjacent to all frontage roads, arterial streets, collector streets, and local streets. The landscaped edge shall be a minimum depth of ten feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of landscaped edge. The number of required trees shall be calculated solely on the linear frontage of the required landscaped edge. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree up to a point equaling 50 % of the required number of trees. For developments in the downtown, one tree shall be planted per 50 linear feet of street frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree up to a point equaling 50% of the required number of trees. No specific width of landscaped edge shall be required for developments in the downtown. The downtown area is bounded by East 86a' Street North, the Owasso Expressway, 5 ", Avenue, and Carlsbad. Landscaping as a buffer between landscaping- required developments and existing single- family developments: For all new commercial, industrial, office and multi - family developments, a landscaped buffer shall be provided adjacent to all existing single - family residential developments. The landscaped buffer shall be a minimum depth of twenty feet. Within the landscaped buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of required trees shall be calculated solely on the linear frontage of the required landscaped buffer. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. 2035 Single - Family Landscaping Requirements A landscape plan is required for the arterial entrance(s) to a single- family residential subdivision. The location and types of landscaping shall be reviewed by the Technical Advisory Committee to ensure that motorists' visibility is not threatened and that utility lines are not encroached upon. All landscaping shown on the approved landscape plan shall be planted prior to the issuance of any final inspection for a dwelling unit within the subdivision. A homeowners association shall be required to provide perpetual maintenance of the landscaped area. 2040 Tree Preservation and Protection The purpose of this section is to establish incentives for the preservation of existing trees within the City of Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. Tree Preservation Credits — For every large, mature tree (8" caliper or larger) preserved in an area where landscaping is required by this ordinance, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition shall be considered for credit. Landscape Plan — The landscape plan that is required to be submitted with the site plan shall include the approximate location, size (caliper and height), condition and common name of each tree to be preserved for which the applicant is requesting tree credits. Replacement of Trees — Replacement trees will be required when any tree that was shown on a landscape plan is removed, damaged, destroyed, dying or dies. Any tree with a caliper of less than three inches shall be replaced by the same caliper of tree. Trees that are larger than three inches in caliper shall be replaced with a tree with a minimum caliper of three inches. 2045 Care of Trees on Public Land The City shall have the right to prune and remove trees, plants, and shrubs within the public right of way lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. 2050 Landscape Plan Landscape plans shall be reviewed and approved by the Community Development Department as a part of the site plan review of all proposed developments. Upon completing their review, the Community Development Department shall: Approve the landscape plan as complying with the requirements of the Landscape Ordinance and Rules and Regulations, or 2. Approve the landscape plan with conditions that bring it into compliance with the requirements of the Landscape Ordinance and Rules and Regulations, or Reject the landscape plan as failing to comply with the requirements of the Landscape Ordinance and Rules and Regulations. The required landscape plan shall contain the following: 1. The date, scale, north arrow, project name and the name of the owner and designer. 2. The location of property lines and dimensions of the tract. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot. 4. The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping and the location and size of the proposed landscaped areas. 5. Planting details and/or specifications. 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees that are to be retained from damage during construction shall be described. 2055 Nonconformities Any landscaped or non - landscaped developments existing prior to the adoption of the Landscape Ordinance are considered legal and non - conforming. Any new developments placed upon properties within Owasso subsequent to the passage of the ordinance must meet the requirements of the ordinance and promulgated rules and regulations. 2060 Variances The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of the Landscape Ordinance only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of the ordinance, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordinance will result in unnecessary hardship.