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Division 51A-10.130. Urban Forest Conservation.
Division 51A-10.130. Urban Forest Conservation.
SEC. 51A-10.131. APPLICATION OF DIVISION.
SEC. 51A-10.131. APPLICATION OF DIVISION.
(a) This division applies to all property in the city except for:
(a) This division applies to all property in the city except for:
(1) except as provided in this section, lots smaller than two acres in size that contain single-family or duplex uses in residential districts*; and
(1) except as provided in this section, lots smaller than two acres in size that contain single-family or duplex uses in residential districts*; and
(2) lots in an overlay district or a planned development district with tree preservation regulations that vary appreciably from those in this article, as determined by the building official.
(2) lots in an overlay district or a planned development district with tree preservation regulations that vary appreciably from those in this article, as determined by the building official.
(b) In this section, a tree removal property with an area of two acres or less in a residential district* is considered to be vacant when an application is made for a demolition permit to demolish a single family or duplex structure. The tree removal property is considered to be vacant until
(b) In this section, a tree removal property with an area of two acres or less in a residential district* is considered to be vacant when an application is made for a demolition permit to demolish a single family or duplex structure. The tree removal property is considered to be vacant until
(1) the demolition permit is closed (not expired) by the building inspector (reinstating the single family or duplex use); or
(1) the demolition permit is closed (not expired) by the building inspector (reinstating the single family or duplex use); or
(2) a certificate of completion is provided to the tree removal property owner for a new single family or duplex structure for occupancy on the property.
(2) a certificate of completion is provided to the tree removal property owner for a new single family or duplex structure for occupancy on the property.
(c) Historic trees on lots smaller than two acres in size that contain single-family or duplex uses in residential districts may be recognized in accordance with Section 51A-10.133.
(c) Historic trees on lots smaller than two acres in size that contain single-family or duplex uses in residential districts may be recognized in accordance with Section 51A-10.133.
*RESIDENTIAL DISTRICTS means the A(A), R-1ac(A), R-1/2ac(A), R-16(A), R-13(A), R-10(A), R-7.5(A), R-5(A), D(A), TH-1(A), TH-2(A), TH-3(A), CH, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), MF- 3(A), MF-4(A), MH(A), and RTN districts, and as designated in planned developments.
SEC. 51A-10.131.1. INTENT.
SEC. 51A-10.131.1. INTENT.
The city council intends that this division fully comply with state law to encourage the active planting of new trees and the replacement of damaged, injured, or removed trees by providing alternatives and options that will enhance the urban forest.
The city council intends that this division fully comply with state law to encourage the active planting of new trees and the replacement of damaged, injured, or removed trees by providing alternatives and options that will enhance the urban forest.
SEC. 51A-10.131.2. PLANNED DEVELOPMENT DISTRICTS
SEC. 51A-10.131.2. PLANNED DEVELOPMENT DISTRICTS
Deviations from this division require a three-quarters vote of the city council.
Deviations from this division require a three-quarters vote of the city council.
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