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<br />ZONING <br /> <br />(Draft Ord) <br /> <br />S 106-801 <br /> <br />Sec. 106-801. Tree preservation. <br /> <br />(a) It is the intent of this section to encourage the preservation of existing <br />trees within the city and to prohibit their unwarranted destruction. <br /> <br />(b) It shall be unlawful for any person to cause or permit the destruction of <br />any native tree within 15 feet of any street right-of-way line or easement line abutting the <br />required front yard or within ten feet of any street right-of-way line or easement line <br />abutting the required side yard within the city if such tree has a trunk which exceeds six <br />inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural <br />ground level. Provided, however, it shall not be a violation of this provision if a tree is <br />removed and destroyed where, in the opinion of the planning director or his designated <br />representative, said tree constitutes a hazard to pedestrian and/or vehicular traffic along <br />any such right-of-way. <br /> <br />(c) No person, firm or corporation desirous of developing or improving any <br />parcel of property, shall remove or cause the removal of any tree from said property <br />without first obtaining a clearing permit which would allow clearing of buildable areas <br />only. <br /> <br />Sec. 106-802. Tree Replacement. <br /> <br />(a) Number of replacement trees Tree disposition conditions and tree permit <br />authorizing removal of or damage to large trees or protected trees shall normally require <br />replacement by one or more newly planted trees on the same subject site. If this is not <br />feasible, the owner or developer must plant and maintain off-site replacement trees in <br />reasonable proximity to the subject site <br /> <br />(b) lvlinimul1l size. Replacement trees must normally have a trunk diameter of <br />at least two inches measured six inches from the ground The enforcement officer may <br />prescribe a propOliionally smaller trunk diameter for species of trees. <br /> <br />(c) Qualified trees. To be a "qualified tree", a tree must comply with the <br />recommended tree list "native or protected" of the City. <br /> <br />(d) Standard of review The enforcement officer shall use reasonable best <br />efforts to determine the type and number of replacement trees required in an attempt to <br />minimize undue burden resulting fi"om this section. <br /> <br />~ <br />\. <br />