§ 30-5-624. APPROVAL CRITERIA.

(A)

The director shall approve an application to remove a protected tree after determining that the tree:

(1)

prevents reasonable access to the property;

(2)

prevents a reasonable use of the property;

(3)

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

(4)

is dying or 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 from the Board of Adjustment if the variance would eliminate the reason for removal of the tree.

(1)

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

(2)

An application fee is not required for a variance 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).

(D)

The director may require mitigation, including the planting of replacement trees, 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: City Code Section 25-8-624; Ord. 031211-11; Ord. 031211-42.