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§ 32-7 PARIS CODE (2) The location of the tree prevents the con- struction of utility lines or drainage facili- ties which may not feasibly be rerouted; (3) The location of the tree prevents all rea- sonable access to the property; (4) The denial of approval of such application would deny a political subdivision of the state the reasonable use of public property for the achievement of its public purposes. However, protected tree. removal in connection with a city C.I.P. shall be governed by section 32-4(d) above. Further, any approval under this paragraph (c) of this section may be reviewed by the planning and zoning commission at its discretion. (d) Notwithstanding any of the foregoing pro- visions of this section, the department of parks and recreation shall approve an application for the removal of a protected tree under the follow- ing circumstances: (1) The city arborist determines that the tree constitutes a hazard to life or property which cannot reasonably be mitigated without re- moving the tree; or, (2) The city arborist determines that the tree is dying/dead or is diseased to the point that its restoration to sound condition is not practicable, or that its disease can be expected to be transmitted to other trees and to endanger their health. (e) No approval, except an approval to remove a dead, badly diseased, or hazardous tree, shall become effective until the third working day after it is granted. Every approval for tree removal shall automatically expire one (1) year from its effective date, except approvals pursuant to sec- tion 32-4(c) and (d), which shall be in effect for the duration of the approvals provided by said sub- sections. (f) The parks and recreation department, plan- ning and zoning commission or city council, as the case may be according to this chapter, may require as a condition for approval that a replace- ment tree be planted. Any such condition must be met within twelve (12) months after removal of the protected tree. (Code 1970, § 29~4-7; Ord. No. 84-067, § 1, 9-10 -84) Sec. 32-8. Required placement of trees in front yards. In all nonresidential zoning districts wherein a front yard is required it shall include at least a twenty (20) percent greenbelt landscaped area. In all nonresidential zoning districts wherein a front yard is not required but the property is being developed with a front yard, it shall include at least a twenty (20) percent greenbelt landscaped area in such front yard. Such greenbelts shall include one (1) tree at least six (6) feet tall for the first ten thousand (10,000) square feet of the lot being developed and one (1) additional tree for each additional twenty-five thousand (25,000) square feet of the lot being developed. (Code 1970, § 29%-8; Ord. No. 84-087, § 1, 9-10-84) Sec. 32-9. Appeals. (a) If a protected tree removal application is denied, the applicant therefor may appeal such . action to the planning and zoning commission by filing written notice of such appeal with the di- rector of parks and recreation departmenf within ten (10) days of notice to such applicant of the denial of the application by the department of parks and recreation. The commission shall have thirty (30) days from the date of appeal to review such denial. The commission may affirm or re- verse the determination of the parks and recre- ation department. If the commission fails to act within thirty (30) days, the appeal shall be auto- matically granted and the approval shall be granted per the original application. The commission shall adopt written findings of fact for every appeal authorized hereunder. (b) An applicant for a protected tree removal who is aggrieved at any determination or ruling of the planning commission on a matter before it under this chapter may appeal such action to the city council by filing written notice of such appeal with the city clerk within ten (10) days of the action of the commission. The city council shall act on the appeal within thirty (30) days from the date of the filing of the appeal. If the city council fails to act within thirty (30) days, the appeal shall be automatically granted and the approval shall be granted per the original application. The city council may affirm or reverse the determina- 1900