§ 25-8-624. APPROVAL CRITERIA.

(A)

The Planning and Development Review Department may approve an application to remove a protected tree only after determining that the tree:

(1)

prevents reasonable access to the property;

(2)

prevents a reasonable use of the property;

(3)

is an imminent hazard to life or property, and the hazard cannot reasonably be mitigated without removing the tree;

(4)

is dead;

(5)

is diseased, and:

(a)

restoration to sound condition is not practicable; or

(b)

the disease may be transmitted to other trees and endanger their health; or

(6)

for a tree located on public property or a public street or easement:

(a)

prevents the opening of necessary vehicular traffic lanes in a street or alley; or

(b)

prevents the construction of utility or drainage facilities that may not feasibly be rerouted.

(B)

If an application filed by a political subdivision of the state is approved under Subsection (A)(2), the Land Use Commission may, in its discretion, review the approval.

(C)

For an application to remove a protected tree located on private property, an applicant must request a variance, waiver, exemption, modification, or alternative compliance that would eliminate the reason for removal of the tree.

(1)

The application to remove the protected tree may not be approved unless the request is denied.

(2)

An application fee is not required for a variance, waiver, exemption, modification, or alternative compliance request required by this subsection.

(3)

This subsection does not apply to an application that may be approved under Subsection (A)(3), (4), or (5).

(4)

The body considering the variance, waiver, exemption, modification or alternative compliance will consider the benefit of preserving the protected tree in determining whether to grant or deny the request for a variance, waiver, exemption, modification or alternative compliance from another City Code provision.

(5)

This subsection does not require an applicant to request a variance, waiver, exemption, modification, or alternative compliance if the director determines that to do so would endanger the public health and safety.

(D)

The Planning and Development Review Department shall require mitigation as a condition of application approval. A removal permit may not be issued until the applicant satisfies the condition or posts fiscal security to ensure performance of the condition within one year.

Source: Section 13-7-41(b), (c), (d), and (f); Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20100204-038.