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84-067 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING CHAPTER 29 1/2
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84-067 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING CHAPTER 29 1/2
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11/21/2017 11:37:03 AM
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CITY CLERK
CITY CLERK - Date
9/10/1984
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<br /> <br /> <br /> <br /> <br /> <br /> Section 292-7. Action on Application. <br /> <br /> (a) Upon receipt of an application to remove a <br /> protected tree, the City Arborist shall promptly <br /> inspect the subject tree and the department of parks <br /> and recreation shall approve or deny the application in <br /> a.ccordance with the provisions of this Chapter. <br /> Approval is automati_cally granted ten (10) working days <br /> after application therefor if not denied during such <br /> interval; provided, that if a variance of special <br /> exception from the Soard of Adjustment is required for <br /> approval of the application as provided by subsection <br /> (b) belaw, then the Department of Parks and Recreation <br /> shall have an ad.ditional thirty (30) days to process <br /> the application; provided further, that the applicant <br /> must be notified of the thirty (30) day extension prior <br /> to the expiration of ten (10) days from the date of <br /> application. <br /> (b) The Department of Parks and Recreation shall <br /> approve an application for the removal of a protected <br /> tree located on privately owned property when a valid <br /> application therefor is received and a showing is made <br /> that the tree is so located as to prevent reasonable <br /> access to the property or as to preclude reasonable and <br /> lawful use of the property. Where removal of the tree <br /> would becoMe unnecessary if a variance or special <br /> exception were granted by the Board of Adjustment in <br /> the application of the Zoning Ordinance, no application <br /> shall be approved except where such application for a <br /> variance or special exception is denied. No applica- <br /> tion fee for the variance or special exception shall be <br /> charged where such application is required by this <br /> subsection. <br /> (c) The Department of Parks and Recreation shall <br /> approve an application for the removal of a protected <br /> tree in connection with construction, maintenance, or <br /> repair of public facilities in or above a public <br /> street, alley, right-of-way or ea.sement or other public <br /> land under one or more of the following conditions: <br /> (1) The location of the tree prevents the <br /> opening of_ reasonable and necessary vehicular <br /> traffic lanes in a street or alley; <br /> (2) The location of the tree prevents the <br /> construction of utility lines or drainage facil- <br /> ities which may not feasibly be rerouted; or, <br /> (3) The location of the tree prevents all <br /> reasonable access to the property. <br /> (4) The denial of approval of such applica- <br /> tion would deny a political subdivision of the <br /> state the reasonable use of public property for <br /> the a.chievement of its public purposes. <br /> Provided, however, that protected tree <br /> removal in connection with a City of Paris, C.I.P. <br /> project shall be governed by subsection 292-4 (d) <br /> above. Provided further, that any approval under <br /> this subsection may be reviewed by the Planning <br /> Comriissior_ at its discretion. <br /> (d) Notwithstanding any of the foregoing pro- <br /> vision of this sec.tion, the Department of Parks and <br /> Recreation shall approve an application for the removal <br /> of a protected tree under the following circumstances: <br />
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