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<br /> <br /> <br /> <br /> <br /> <br /> (1) The City Arborist determines that the <br /> tree constitutes a hazard to life or property <br /> which cannot reasonably be mitigated without <br /> removing the tree; or, <br /> (2) The City Arborist determines that the <br /> tree is dying/dead or is diseased to the point <br /> that its restoration to sound condition is not <br /> practicable, or that its disease can be expected <br /> to be transrnitted to other trees and to endanger <br /> their health. <br /> (e) No approval, except an approval to remove a <br /> dead, badly diseased, or hazaxdous tree, shall become <br /> effective until the third working day after it is <br /> granted. Every approval for tree removal shall auto- <br /> matically expire one (1) year from its effective date, <br /> except approvals pursuant to subsections 292-4 (c) and <br /> (d) above which shall be in effect for the duration of <br /> thP approvals provided by said subsections. <br /> (f) The Parks and Recreation Department, Planning <br /> Commission or City Council, as the case may be accord- <br /> ing to this Chapter, may require as a condition for <br /> approval that a replacement tree be planted. Any such <br /> condition must be riet within twelve (12) months after <br /> removal of the protected tree. <br /> Section 292-8. Required placement of trees in front <br /> yards. <br /> In all non-residential zoning districts wherein a <br /> front yard is required it shall include at least a <br /> twenty percent (20%) green belt landscaped area. In <br /> all non-residential zoning districts wherein a front <br /> yard is not required but the property is being devel- <br /> oped with a front yard, it shall include at least a <br /> twenty percent (20%) green belt landscaped area in such <br /> front yard. Such gr.een belts shall include one tree at <br /> least six (6) feet tall for the first 10,000 square <br /> feet of the lot being developed and one additional tree <br /> for each additional 25,000 square feet of the lot being <br /> developed. <br /> Section 292-9 Appeals. <br /> (a) If a protected tree removal application is <br /> denied, the applicant therefor may appeal such action <br /> to the Planning Commission by filing written notice of <br /> such appeal with the Director of Parks and Recreation <br /> Department within ten (10) days of notice to such <br /> applicant of the deni_al of the application by the <br /> Department of Parks and Recreation. The commission <br /> shall ha.ve thirty (30) days from the date of appeal to <br /> review said denial.. The commission may affirm or <br /> reverse the determination of the Parks and Recreation <br /> Department. If the commission fails to act within <br /> thirty (30) days, the a.ppeal shall be automatically <br /> granted and the approval shall be granted per the <br /> original application. The commission shall adopt <br /> written findings of fact for every appeal authorized <br /> hereunder. <br /> (b) An applica.nt for a protected tree removal who <br /> is aggrieved at any determination or ruling of the <br /> Planning Commission on a matter before it under this <br /> Chapter may appeal such action to the City Council by <br /> filing written noticP of such appeal with the City <br /> Clerk within ten (10) days of the action of the <br />