[R.O. 2011 §400.933; Ord. No. 01-10 §1(21.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The Council finds that:
Screening between two (2) lots lessens the transmission from one lot to another of noise, dust and glare.
Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces and more extensive screening can shield entirely one (1) use from the visual assault of an adjacent use.
Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.
The provisions of this part are necessary to safeguard the public health, safety and welfare.
[R.O. 2011 §400.935; Ord. No. 01-10 §1(21.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
[R.O. 2011 §400.938; Ord. No. 01-10 §1(21.03), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The Council finds that:
Trees are proven producers of oxygen, a necessary element for human survival;
Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;
Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air-conditioning systems;
Trees have an important role in neutralizing wastewater passing through the ground from the surface to ground water tables and lower aquifers;
Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control and flood control;
Trees are an invaluable physical, aesthetic and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human developments on the land, particularly parking areas; and
For the reasons indicated in Subdivision (6), trees have an important impact on the desirability of land and therefore on property values.
Based upon the findings set forth in Subsection (A), the Council declares that it is not only desirable but essential to the health, safety and welfare of all persons living or working within the City's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this Article, to require the planting of new trees in certain types of developments.
[R.O. 2011 §400.940; Ord. No. 01-10 §1(21.04), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in Article XV, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the centerline of the street, there is for every thirty (30) feet of street frontage at least an average of one (1) deciduous tree that has, or will have when fully mature, a trunk at least twelve (12) inches in diameter. When trees are planted by the developer pursuant to this Section, the developer shall choose trees that meet the standards set forth in Appendix E which is on file in the City offices.
[R.O. 2011 §400.943; Ord. No. 01-10 §1(21.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Every development shall retain all existing trees eighteen (18) inches in diameter or more unless the retention of such trees would unreasonably burden the development.
No excavation or other subsurface disturbance may be undertaken within the drip line of any tree eighteen (18) inches in diameter or more and no impervious surface (including, but not limited to, paving or buildings) may be located within twelve (12) feet (measured from the center of the trunk) of any tree eighteen (18) inches in diameter or more unless compliance with this Subsection would unreasonably burden the development. For purposes of this Subsection, a "drip line" is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
The retention or protection of trees eighteen (18) inches in diameter or more as provided in Subsections (A) and (B) unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.
If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsections (A) or (B) and, as a result, the parking requirements set forth in Article XIX cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of Subsections (A) and (B), up to a maximum of fifteen percent (15%) of the required spaces.
Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three (3) feet six (6) inches.