PART III - SUPPLEMENTAL ZONING DISTRICT REGULATIONS SECTION 18

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PART III - SUPPLEMENTAL ZONING DISTRICT REGULATIONS SECTION 18 Powered By Docstoc
					       PART III - SUPPLEMENTAL ZONING DISTRICT REGULATIONS

SECTION 18: SUPPLEMENTAL ZONING DISTRICT REGULATIONS

S18.01. - Off-Street Parking Requirements.

    18.01.1. For the purpose of this section, the term "off-street parking space" shall
consist of a parking space having minimum dimensions of nine (9) feet in width by
eighteen (18) feet in length for the parking of each motor vehicle, exclusive of access
drives or aisles thereto. Minimum width of each aisle designed and intended for the
maneuvering of a motor vehicle into a parking space shall be determined by the angle of
parking as set forth in accepted off-street parking standards. All parking areas shall be
arranged so that motor vehicles may be placed and removed from parking spaces without
the necessity of moving any other motor vehicle. It shall be unlawful for the owners or
occupants of a commercial building to place any furniture or other property that will
obstruct or hinder the free use of any parking area.

        18.01.1.1. For all commercial buildings and uses, parking spaces shall be arranged
so that vehicles may enter and leave the parking area in a forward motion. Further,
parking shall be designed so that no space shall back directly onto a sidewalk or road
right-of-way.

        18.01.1.2. Required yards and setbacks may be used for off-street parking;
provided, that access drives or aisles and turning spaces shall be located within the lot
lines. Street or sidewalk areas shall not be used for off-street parking purposes.

       18.01.1.3. Parking spaces for the handicapped shall be provided in accordance
with Florida Statute 316.195 and such other State and Federal laws which may exist.

    18.01.2. There shall be provided at the time of the erection of any main building or
structure, or at the time that any main building or structure is enlarged by more than
twenty-five (25) percent of the square footage of the existing building or structure, or
increased in capacity by adding dwelling units, guest rooms, floor area or seats, minimum
off-street motor vehicle parking space with adequate provisions for ingress and egress by
a motor vehicle of standard size, in accordance with the following:

               USE                                                    PARKING
SPACES

                Residential
               Single Family                                       2 per unit
               Duplexes                                            2 per unit
               Multiple Family and all
               other dwelling units.                               1.5 per unit

               Commercial
                Business & Personal Services,                        1 per 330 s.f. of
                Retail Establishments                                gross floor area
                Tourist Lodging Facilities                           1.2 per unit
                Restaurants and Lounges                              1 space for each
three seats and                                                              for each 500
s.f. of floor area

All other uses shall provide five (5) spaces per thousand square feet of gross floor area,
except that the City Council may reduce this standard upon receipt of a Special Exception
application requesting such reduction.

    18.01.3. Parking spaces for all permitted uses shall be located on the same lot with the
main building or structure to be served except that off street parking off the site may be
approved as a Special Exception use when such parking is within 600 feet of the main
structure or building. For other than single family and duplex dwellings, each parking
space shall be marked either by painted lines, precast curbs, or in a similar fashion so as
to indicate the individual parking spaces.

    18.01.4. The plan for ingress and egress to and from the off-street parking area shall
be subject to the approval of the City Commission. A Certificate of Occupancy for the
given structure or premise shall be prohibited until the required parking area has been
inspected and approved.
[Ord. No. 86-04-01, 4-25-86]

S18.02. - Landscaping Requirements and Lot Maintenance.

    18.02.1. Landscaping and open areas shall be required for all developments in Layton
in accordance with this section. For purposes of encouraging vegetation and landscaping,
the regulations contained herein shall be considered minimum requirements.

        18.02.1.1. All development shall be clustered on the least environmentally
sensitive portion of the lot prior to clearing additional areas.

    18.02.2. Definitions. For the purpose of this section, the following terms and phrases
shall have the meaning ascribed to them.

Landscaped Areas - shall consist of any of the following or combination thereof; material
such as, but not limited to grass, ground covers, shrubs, vines, hedges, trees or palms, and
non- living durable material commonly used in landscaping such as, but not limited to
natural coral rock, limestone rock pebbles, but excluding pavement.

Trees, Desired - The following trees are declared to be desired species and may be used
to satisfy requirements of this Code:

        Latin Name                            Trade Name                            Status
       Conocarpus erectus                      Buttonwood, Silver Buttonwood           None
       Bursera simaruba                        Gumbo Limbo                             None
       Chrysophuyllum oliviforme                     Satinleaf
       Endangered (E)
       Clusia rosea                            Pitch Apple, Autograph Tree
       Endangered (E)
       Coccoloba diversifolia                  Pigeon Plum                             None
       Coccolobra uvifera                      Seagrape                                None
       Colubrina arborescens                   Coffee Colubrina                        None
       Cordia sebestena                        Geiger Tree
       Endangered (E)
       Dipholis salificolia                    Willow Bustic                           None
       Drypetes diversifolia                   Milkbark                                None
       Exostema caribaeum                      Princewood                              None
       Exothea paniculata                      Inkwood                                 None
       Ficus aurea                             Strangler Fig                           None
       Ficus citrifolia                        Shortleaf Fig                           None
       Hibiscus tilaceous                      Mahoe                                   None
       Krugiodendron ferreum                   Black Ironwood                          None
       Lysiloma latisiliquum                   Wild Tamarind, Lysiloma                 None
       Mastichodendron foetidissimum           Mastic                                  None
       Nectandra coriacea                      Lancewood, Jamaica Nectandra            None
       Persea borbonea                         Redbay                                  None
       Pinus elliotti                          Slash Pine                              None
       Piscidia piscipula                      Jamaica Dogwood                         None
       Simarouba glauca                        Paradise Tree                           None
       Swietenia mahagoni                      Mahogany
       Endangered (E)
       (Not applicable)                        All species of palm trees               None
       Fruit Trees                                                                     None

Trees, Undesirable - The following trees are declared to be undesirable and shall not be
used to meet the minimum requirements of this ordinance, even if such species exist on a
parcel at the time of development approval application:

       Brazilian Pepper (Florida Holly)
       Australian Pine
       Melalueca
       Leatherleaf

    18.02.3. Minimum Landscaping Requirements.                     The following minimum
requirements shall be required for all new developments in Layton. A la ndscape plan
shall be submitted in conjunction with other development approvals (See SECTION 12)
that must be of sufficient detail and clarity so as to illustrate compliance with this section.
        18.02.3.1. For single family and duplex uses, a minimum of fifteen (15%) percent
of the building site shall be landscaped.

       18.02.3.2. For multifamily uses, a minimum of fifteen (15%) percent of the
building site shall be landscaped. Landscaping shall be arranged to provide a screening
or buffer between off-street parking areas and adjoining property and street rights-of-
way.

At least one tree shall be provided for each 100 square feet of required landscaped area.
Said trees shall be located so as to be within or as close as practical to landscaped strips
or planting areas.



        18.02.3.3. For commercial uses, a minimum of ten (10%) percent of the building
site shall be landscaped. Landscaping shall be arranged to provide screening or buffering
between off- street parking areas and adjoining property and street rights-of-way. Further,
if the commercial property is adjoining residential property, a landscaped buffer shall be
provided along the property line of the commercial property that adjoins the residential
property. For purposes of this requirement, property lines that abut a canal shall not be
considered adjoining property.

           (a) All landscaped buffers, or landscaped strips, that are intended to provide
screening or buffering between off- street parking areas and adjoining property, or
between a commercial use and residential use, shall be a minimum of two (2) feet wide.

            (b) In addition to the above requirements, landscaping relating to off-street
parking areas shall also be provided on the basis of ten (10) square feet for each parking
space. Such landscaping shall be located within the off-street parking area or adjacent to
the building, and shall consist of landscaped areas a minimum of 100 square feet in size.

For each 100 square feet of required landscape area, at least one tree shall be provided.
Said trees shall be located so as to be within or as close as practical to landscaped strips
or planting areas.

    18.02.4. Protection of Existing Native Vegetation. All proposed Landscape Plans
shall be accompanied by a map indicating the location of all existing hardwood
hammocks, mangroves and-- other desired tree species. To the extent possible, the
existing vegetation will be included in the landscape plan for the project. If the proposed
landscape plan for the development reduces the amount of native vegetation or desired
tree species that exist on the parcel by more than thirty- five (35) percent, the City Council
shall require the planting of native vegetation on the site or on public property in
accordance with the following:
        18.02.4.1. If the proposed development will have a minimum of twenty (20)
percent of its building site covered with native vegetation, then no additional planting
will be required.

        18.02.4.2. If existing native vegetation is reduced by more than 35 percent and the
proposed development will not have twenty (20) percent of its area covered with native
vegetation, then the City Council may require the planting of vegetation up to an amount
that will compensate for the reduction in existing native vegetation beyond thirt y- five
(35) percent. [Ord. No. 86-04-01, 04-25-86]

S18.03. - Maintenance and Appearance of Real Property.

The purpose of this Section is to protect and enhance the community's appearance and
property values by requiring that real property be maintained free of trash, debris,
overgrown and undesirable vegetation, junked vehicles and other safety and visual
nuisances. Trash, debris, overgrown vegetation, and junked vehicles parked on public
rights of way or visible from adjoining property are hereby declared public nuisances.
[Ord. No. 91-09-01, 09-13-91]




   18.03.1. Maintenance of vacant lots.

This section shall apply to platted vacant lots in the R-1 and R-2 residential districts,
and the "C" Commercial District. It is not applicable to the Conservation District.
Vacant lot shall mean a parcel of land on which no habitable structure exists and on
which no permitted construction activity is taking place.

        18.03.1.1. It shall be the duty of the owner(s) of any vacant lot in the city to keep
it in such condition that it can be easily mowed with standard mowing equipment. It
shall be unlawful to place, permit to be placed or allow to remain on any vacant lot
any obstruction or impediment to the use of mowing equipment thereon, or any
substance or items likely to damage mowing equipment or injure the operators of such
equipment.

        18.03.1.2. All vacant lots in Layton abutting public rights of way shall be
required to be kept in a well- landscaped or mown condition, with a maximum permitted
height for weeds and grass of eight (8) inches.

       18.03.1.3 No native plants shall be destroyed.
[Ord. No. 86-04-01, 4-25-86 Amended by Ord. No. 91-09-01, 09-13-91]

   18.03.2. Maintenance of improved lots.
      This section shall apply to any parcel of land in all zoning districts of the city
having an improvement. Improvements shall include any structure for habitation or
occupancy.

       18.03.2.1. It shall be the duty of the owner(s) of any improved parcel in the city
to keep it in such condition that it does not create an eyesore or nuisance, with a
maximum permitted height for weeds and grass of eight (8) inches.

       18.03.2.2. The provisions of this section may be enforced by the city in any
manner provided by law and through the city's Codes Enforcement Board (Ordinance No.
90-11-1). [Ord. No. 91-09-01, 09-13-91]

   18.03.3. Trash, debris, and junked or abandoned vehicles.

This section shall apply to all parcels of land in the City of Layton and to public rights of
way.

       18.03.3.1. Definitions. For purposes of this section:

           (a) Trash and debris shall include yard and household trash such as but not
limited to tree limbs and other cut or dead vegetation, household appliances or parts
thereof, construction debris, and household or yard items not in a usable condition.

           (b) Junked vehicle means a vehicle which is in a wrecked, deteriorated or
dismantled condition and incapable of lawful operation on the public roadways or
waterways.

          (c) Abandoned vehicle means a vehicle which is left exposed to the elements
and whose owner cannot be located with reasonable inquiry.

           (d) Vehicle means any device by which any person or property is or may be
transported or drawn upon a highway or upon water, includ ing but not limited to a
motor vehicle, mobile home, trailer, camper, boat or boat trailer.

         18.03.3.2. Trash, debris, junked vehicles, or abandoned vehicles shall not be
allowed to be placed or stored for more than seventy two (72) hours where it is visible
from an adjacent parcel of land or public right of way, including canals, or placed or
stored on any public right of way. Notwithstanding the above, a business licensed in the
"C" Commercial District for auto repairs may keep or store a junked vehicle for a
maximum of thirty (30) days, except that said vehicle may be kept longer if a diligent
effort is being made the owner of the property and/or owner of the business to dispose
of the vehicle in accordance with Florida law. Further, such vehicles shall only be
parked in side or rear yard areas. Notwithstanding the above, junked or abandoned
vehicles shall not be allowed to remain on any public right of way for more than
twenty four (24) hours. Further, trash or debris shall not be placed or allowed to remain
in any canal.
        18.03.3.3. No person shall place, or cause to be placed, any trash or debris in any
canal or water body within the corporate limits of Layton. This does not include
however, the natural release of leaves, small branches , twigs and the like from shoreline
vegetation. Ord. No. 91-09-01, 09-13-91 Amended by Ord. No. 97-07-03, 07-11-97]

   18.03.4. Overgrown vegetation.

       18.03.4.1. Any vegetation or tree which overhangs any sidewalk, street, ca nal, or
other public place in such a way as to impede or interfere with traffic or travel on such
sidewalk, street, canal or other public place, or which creates a danger to traffic by
impeding or obstructing the view at intersections, canal bends, and the like, is hereby
declared a nuisance and is prohibited. However, in the event a violation of this
paragraph is found to exist involving overgrown mangroves or other regulated species,
any violation notice sent in accordance with Section 6 below shall contain the words
"The removal or trimming of mangroves and other regulated species must be done in
accordance with state laws.”. Ord. No. 91-09-01, 09-13-91]

   18.03.5. Enforcement - Abatement of Nuisances.

        18.03.5.1 The city code enforcement official shall, as often as may be necessary,
inspect lands within the city to discover violations of this ordinance. If it is determined
that a nuisance exists in accordance with this section on any land, excepting junked
vehicles on public rights of way, and unlicensed vehicles on private property, he shall
forthwith notify the owner, as indicated in the public records of the Monroe County
Property Appraiser's office, of such nuisance and direct him to abate the nuisance
within ten (10) days of the date of such notice. The notice shall be sent by certified
mail, and shall be considered effective upon execution of a return receipt indicating that
such notice has been accepted or refused at such person's address or by posting a copy
of such notice on the property determined to be such a nuisance and by publishing the
notice one time in a newspaper of general circulation in the city.

         18.03.5.2     Unless within such ten-day period , the owner shall abate the
nuisance or file a written appeal to the City Council through the office of City Clerk,
the Mayor or the Mayor’s designated representative shall cause the nuisance to be
abated by the city’s employees, agents or contractors, who shall be authorized to
enter upon the property and take such steps as are reasonably required to effect
abatement. There after, the Mayor or the Mayor’s designated representative shall report
the cost of abatement to the City Council and the City Council shall by resolution
provide that the cost of abatement, including any applicable administrative fees, is a lien
against the property on which the nuisance was abated of equal dignity with taxes for
the year in which such expenditure was incurred. The resolution sha ll describe the land
on which the nuisance was abated, show the cost of abatement, and specify the
administrative fee. The date of adoption of the resolution shall be the date of levy of the
assessment. Assessments shall be due on the date of levy and shall become delinquent
thirty (30) days thereafter.
        18.03.5.3.     In the event the City Council denies the property owner's appeal,
the property owner shall have a ten day period to abate the nuisance from the date of
such denial. If the nuisance is not abated, then the Code Enforcement Official or his
designated representative shall cause the nuisance to be abated and take such other
actions as necessary described in 18.03.6.2. above.

         18.03.5.4. In the case of junked vehicles located on public rights of way, the
Code Enforcement Official shall place a notice on the windshield or other conspicuous
location of the vehicle. The notice shall state that the vehicle must be removed from
the right of way within 24 hours, and the notice shall contain the time and date when
the 24 hours expires. In the event the vehicle is not removed, the Code Enforcement
Official may cause the vehicle to be moved with the billing covering the cost of removal
sent to the owner of record. However, if a Junked vehicle is impeding or obstructing
traffic or causing a safety hazard, the Code Enforcement official may cause the vehicle
to be removed immediately.

       18.03.5.5. Nothing in this section shall prevent the Codes Enforcement Board
from taking action on violations of this section in accordance with Ordinance Number
90-11-01.

       18.03.5.6 Notwithstanding the above, the city may undertake abatement of
nuisances without notice to the property owner if a tropical depression, storm, or
hurricane watch or warning has been issued for the middle Florida Keys and if such
nuisance presents a potential hazard in the event a storm strikes the area.
[Ord. No. 86-04-01, 4-25-86 Amended by Ord. No. 91-09-01, 09-13-91]

S18.04. - Vegetation.

   18.04.1. General

       18.04.1.1. Objectives. The objectives of this section are to:

             (a) Promote the removal of undesirable exotic plant species and prohibit new
plantings.

           (b) Limit the use of irrigation water in open space areas by promoting the
preservation of existing native plant communities;

            (c) Limit the removal of native vegetation to the development area in advance
of and in conjunction with the approval of land development plans; and

           (d) To prohibit the removal or destruction of existing native vegetation and
threatened and endangered plant species on parcels when no comparable vegetation plan
has been prepared for the site;
        18.04.1.2. As used in this section, the term "person" also includes the terms
corporation, association, public agency, or property owner, or employee, contractor, or
agent thereof.

       18.04.1.3. As used in this section, the term "Undeveloped Parcel" shall mean a lot
or parcel that does not contain a habitable structure. [Ord. No. 86-04-01, 4-25-86
Amended by Ord. No. 95-04-01, 4-14-95]

   18.04.2. Prohibition and Removal of Certain Plant Species.

        18.04.2.1. Undesirable exotic plant species are hereby declared a nuisance due to
their ability to disrupt native plant communities and species, rapidly proliferate, and their
consumption of water resources. All exotic species listed as “Category 1” by the Florida
Exotic Pest Plant Council (EPPC) shall be considered “undesirable” by the City of
Layton. Undesirable exotic plant species include:

               Latin Name                                                    Common
Name

               Melaleuca quinquinerva                                        Melaleuca
               Casuarinales                                                  Australian
Pine
               Schinus Terebinthifoius                                       Brazilian
Pepper
               Colubrina asiatica                                            Leatherleaf

       18.04.2.2. The planting of undesirable exotic plant species is hereby prohibited
throughout the boundaries of the City of Layton.

        18.04.2.3. All undesirable exotic plant species shall be removed from all parcels
of land in the ”SF” and “MF” residential districts, and the "C" commercial district by
January 01, 1997, except that the City Council may grant an extension of up to one year.
Further, any development occurring on a vacant parcel shall include a plan to remove
all undesirable exotic plant species from the parcel. A Certificate of Occupancy will not
be issued until all undesirable exotic plant species are removed. [Ord. No. 86-04-01, 4-
25-86 Amended by Ord. No. 95-04-01, 4-14-95]

   18.04.3. Vegetation Removal Permits.

        18.04.3.1. General. Unless otherwise provided in this section, no person, except
for the City of Layton, shall effectively destroy, alter, or remove any desirable native
vegetation as defined in paragraph 18.04.3.3. below from any parcel within the City
without first obtaining a permit from the City.
        18.04.3.2. As used in this section, the term "Substantially alter" shall mean the
removal of one half (½) or more of a tree's canopy or branches, or the alteration of one
third (1/3) or more of a plant community.

       18.04.3.3. Desirable native vegetation shall include:



       Latin Name                    Trade Name                                  Status

       Conocarpus erectus                     Buttonwood, Silver Buttonwood      None
       Bursera simaruba                       Gumbo Limbo                        None
       Chrysophuyllum oliviforme                     Satinleaf
       Endangered (E)
       Clusia rosea                           Pitch Apple, Autograph Tree
       Endangered (E)
       Coccoloba diversifolia                 Pigeon Plum                        None
       Coccolobra uvifera                     Seagrape                           None
       Colubrina arborescens                  Coffee Colubrina                   None
       Cordia sebestena                       Geiger Tree
       Endangered (E)         Dipholis salificolia                 Willow Bustic
               None
       Drypetes diversifolia                  Milkbark                           None
       Exostema caribaeum                     Princewood                         None
       Exothea paniculata                     Inkwood                            None
       Ficus aurea                            Strangler Fig                      None
       Ficus citrifolia                       Shortleaf Fig                      None
       Hibiscus tilaceous                     Mahoe                              None
       Krugiodendron ferreum                  Black Ironwood                     None

       Lysiloma latisiliquum                 Wild Tamarind, Lysiloma             None
       Mastichodendron foetidissimum         Mastic                              None
       Nectandra coriacea                    Lancewood, Jamaica Nectandra        None
       Persea borbonea                       Redbay                              None
       Pinus elliotti                        Slash Pine                          None
       Piscidia piscipula                    Jamaica Dogwood                     None
       Simarouba glauca                      Paradise Tree                       None
       Swietenia mahagoni                    Mahogany
       Endangered (E)
       (Not applicable)                      All species of palm trees           None


       18.04.3.4. Application and approval procedure for a vegetation removal permit
within a proposed development for which a separate building permit or other
development approval is being sought:
            (a) Applicability - As a condition to the filing of any application for
development approval, the applicant shall make application for a Vegetation Removal
Permit on a form prescribed by the City. The applicant, as demonstrated by the
application, shall take all steps reasonably necessary to preserve existing native species,
especially those species listed as threatened or endangered, and to incorporate existing
native species into the design of the development, and to guarantee the removal of all
undesirable species.

           (b) Application requirements - The application shall be accompanied by a
generalized vegetation inventory which shall consist of the following:

                (1) Vegetation Inventory - An inventory showing the location and extent
of vegetation upon the site. In the area shown as "Planned Development" on the
Comprehensive Plan, the inventory shall be in the form of an aerial or documented field
survey, and shall be accompanied by photographs showing areas of vegetation. In all
other areas, the inventory may consist of hand drawn sketches accompanied by
photographs of existing site conditions. The vegetation inventory shall be prepared at the
same scale as the site development plan or some other manner which clearly illustrates
the relationships between the areas of vegetation and the proposed site improvements.

                (2) Written assessment and evaluation - The inventory shall be
accompanied by a written vegetation assessment. The assessment shall include an
evaluation of character, quantity and quality of plants and plant communities, and such
other physical characteristics and factors which might affect their preservation. For
projects in the "Planned Development" area in the Comprehensive Plan, the assessment
shall be prepared by a person knowledgeable in the identification and evaluation of
vegetative and wildlife resources such as a forester, biologist, ecologist, horticulturist,
licensed landscape architect or certified nurseryman.

               (3) Reasonable additional information - The Building Official or other
appropriate official may require that the application include additional information which
is reasonable and necessary for adequate administration of this Section.

           (c) Review of Applications.

                (1) Lots with minimal vegetation disruption - Where the City Building or
Planning Official has verified that no substantial alteration will occur, or no desirable
plant removal is involved in a proposed project, an approval certificate shall be issued by
such official forthwith.

                (2) Issuance for lots with substantial alteration or removal - A
recommendation to grant or deny the application, with or without conditions, shall be
submitted to the City Council by the Building or Planning Official within ten working
days from receipt of a complete application. Action by the City Council shall be made
once it is determined that all reasonable efforts have been undertaken in the layout and
design of the proposed project to preserve existing native vegetation. Relocation or
replacement of desirable native vegetation may be a condition for approval of an
application. All native species with a dbh (diameter at breast height) greater than four (4)
inches shall be relocated on-site. If this is not feasible, as decided by the Building or
Planning Official, then the trees must be replaced on a 2:1 ratio. The replacement trees
shall be of the same species as removed and comparable in size (unless commercially
unavailable) and planted on the development site unless there is no suitable planting area
available. If there is no suitable planting area available on-site, then the applicant may
enter into an agreement with public or private nonprofit land owners in order to donate
the replacement trees for restoration, reforestation or preservation purposes only. The
applicant shall pay the owner of the receiver site an amount equivalent to a 3:1
replacement ratio. All replacement trees shall be planted (or funds donated) prior to
issuance of the Certificate of Occupancy. In the event the application is submitted for a
building permit, then the Council shall make a finding within sixty days from receiving a
recommendation from the Building or Planning official, except that the applicant may
request extensions not to exceed a total of ninety (90) days. All other applications shall
be considered in the same manner as its accompanying development approval.

           (a) Time limitation - A vegetation removal approval granted hereunder shall
                be subject to
the same time limitation rules as are applicable to its accompanying building permit or
other development permit.



           (e) Appeal of Building or Planning Official Decision - An applicant may
appeal the decision of the Building or Planning Official to the City Council. Such appeal
shall be submitted in writing to the City Clerk, and shall state the basis for the appeal.
The Council shall decide on the appeal within sixty (60) days of its submittal, and shall
us the same criteria set forth in paragraph 9.03.3.4.(c) above.

        18.04.3.5. Application and approval procedure for a vegetation removal permit for
property unrelated to a building permit or other development approval shall only be
issued for exotic plant removal.

        18.04.3.6. Not withstanding the above, however, the Building or Planning
Official may approve an application containing substantial alteration without the need for
City Council approval where a tree, due to natural circumstances, is no longer viable, is
in danger of falling, is too close to existing structures so as to endanger structures,
interferes with utility services, creates unsafe vision clearance or constitutes a health
hazard, or overhangs an adjoining lot, right-of-way or canal. [Ord. No. 86-04-01, 4-25-
86 Amended by Ord. No. 95-04-01, 4-14-95]

 18.04.4. - Mitigation and Enforcement.
        18.04.4.1. In the event that replacement or relocation is required as a condition of
approval pursuant to this section, the City Council may allow such replacement or
relocation to be placed on publicly owned property.

        18.04.4.2. In the event a person is found to be in violation of this section, as an
alternative to enforcement action, or as supplemental enforcement action as contained
elsewhere in this Code, mitigation at a ratio of no less than 1:1 may be allowed. At the
discretion of the City Council, the mitigation can occur on the violator's property or on
public property.
[Ord. No. 86-04-01, 4-25-86 Amended by Ord. No. 95-04-01, 4-14-95]

				
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