(A) Except as further provided, minimum non-screening Bufferyard B setbacks set forth under section 9-4-119, and/or minimum street right-of-way building setbacks may be reduced by up to 10%, at the option of the owner, where the reduction is necessary to retain an existing ten-inch-plus caliper large tree, provided:
(1) The tree is determined, by the Director of Planning and Development Services or his or her designated representative, to be either natural growth (seedling) vegetation or that the tree has been in existence for not less than 20 years at the current location, otherwise previously transplanted trees shall not qualify for purposes of this section;
(2) That the reduction is indicated upon an approved site plan; including the location, type and caliper of the subject tree, and the building separation and future no-build zone as further described;
(3) That a building to tree trunk separation of not less than ten feet is maintained at the time of initial construction;
(4) No new future buildings, expansions or additions to existing buildings, or other impervious areas including parking areas and/or drives, shall be allowed to encroach into a designated future no-build zone, described as a ten-foot radius from the center of the trunk of the retained tree; and
(5) A six-inch or greater caliper large tree shall be substituted in replacement of any dead or diseased tree qualified under this requirement, at the location of the removed tree, within 60 days of removal of the tree by the owner or within the period following notice by the city.
(B) The setback reduction allowance shall not apply to single-family and two-family attached (duplex) development or associated accessory structures.
(Ord. No. 05-103, § 8, passed 10-13-2005; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)