§ 158.44  EXEMPTIONS AND EXCEPTIONS.
   (A)   Exemptions. This subchapter does not apply to:
      (1)   Final plats. Any development that has received final plat approval prior to the effective date of this subchapter;
      (2)   Homeowners. The owner of property containing a single-family residence or duplex which has qualified for the homestead exemption up to three acres in size;
      (3)   Public property. All rights-of-way, easements or similar types of public property maintained by the city; and
      (4)   Utility property. All rights-of-way, easements or similar types of public property maintained by a public utility franchised by the city. Utility companies may prune trees as necessary to reestablish disrupted service or maintain existing service.
   (B)   Other exceptions. In the event that any protected tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Building Official or his or her designee and the tree may then be removed without obtaining approval as herein required. Examples of this exception may include, but are not limited to:
      (1)   Damaged/diseased trees. The tree is dead, diseased or damaged beyond the point of recovery, or is in danger of falling;
      (2)   Public safety. The tree creates unsafe vision clearance or conflicts with other ordinances or regulations, or the tree is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safely, or the tree poses an imminent or immediate threat to person or property; and
      (3)   Utility service interruption. When a tree has disrupted a public utility service either due to normal growth of the tree or as a result of a tornado, flood or other act of God, the tree may be removed as needed; however, removal shall be limited to the part of the tree which is found necessary to be removed to reestablish and maintain utility service.
(2005 Code, § 13-2-9)  (Ord. 200825A, passed 8-25-2020)