Chapter 20.161


20.16.010    Harm prohibited.

20.16.020    Permits for removal, topping and trimming.

20.16.030    Variances.

20.16.010 Harm prohibited.

(1) No person shall remove, top, damage, destroy, break, injure, mutilate or kill any oak tree or permit any animal under his control to do so or to permit any toxic chemicals to seep, drain or empty onto or about any oak tree, except as allowed by this chapter.

(2) During building or construction operations, suitable protective barriers shall be erected around oak trees and shrubs which may be subject to injury.

(3) No hard surface area shall be allowed within the drip line of an oak tree to the maximum extent possible. An administrative variance may allow hard surface on up to 25 percent of the area within the drip line when there is no practical alternative. (Ord. 1784 § 76, 2016; Ord. 1441 § 1, 2005).

20.16.020 Permits for removal, topping and trimming.

Permits for removal or trimming of an oak tree may be granted by the director when the following conditions are determined to exist:

(1) Removal or Topping. A permit for removal or topping may be granted when it is determined by the director that the oak tree is so diseased or damaged that it presents a danger to the public or adjacent property and trimming is inadequate to ameliorate the danger. Wherever feasible, dead oak trees shall be left as snags, for their habitat value.

(2) Trimming. A permit for trimming shall be granted when it is determined:

(a) That trimming is needed for safety or public welfare or to remove diseased or dead branches; or

(b) That branches hang over an existing building or interfere with utility lines or right-of-way access.

(3) The director shall respond to a request for a permit within 10 days of application. No fee shall be charged for a permit. Appeal of a decision by the director shall be to the hearing examiner and shall be made in writing within 10 days of the decision. (Ord. 1441 § 1, 2005).

20.16.030 Variances.

In order to ameliorate the impact of this chapter, the following variances may be allowed under the zoning code:

(1) Setbacks. A variance may be granted to allow intrusion of a building into a setback yard by 10 feet to preserve an oak tree located elsewhere on the property.

(2) Parking. Parking requirements may be reduced by two vehicles per oak tree preserved on the property.

(3) Landscaping. A credit of one and one-half square feet for landscaping requirements under the city zoning code shall be given for every square foot of area devoted to oak tree use. (Ord. 1441 § 1, 2005).


Prior legislation: Ords. 898 and 1275.