1036.04   TREE REGULATORY ZONES ESTABLISHED; REGULATIONS.
   (a)   Public Tree Regulatory Zones.
      (1)   Public tree regulatory zones shall include all real property held in public ownership, including street rights-of-way, parks and sites containing public buildings. Within these zones, no person shall remove any tree except as provided in this subsection.
      (2)   Prior to dedication as City streets, on rights-of-way appurtenant thereto, trees shall be planted on the right-of-way in a manner that permits clumps of trees and vistas along streets in the City as determined by the Tree Board.
      (3)   Sites containing public buildings shall adhere to the requirements of the zoning district in which such buildings are located, and parking lots, either in conjunction with public buildings or for general usage, shall adhere to the standards described in subsection (d) hereof.
         (Adopting Ordinance)
      (4)   Trees may be planted on tree lawns or within the public right-of-way provided they conform to the following requirements:
         A.   No street tree may be planted within twenty-five feet of overhead utility wire, or within five feet of any underground waterline or sewer line;
         B.   Maximum tree heights are defined by tree lawn width:
            1.   Large sized trees (35-50 ft.) - six foot minimum tree lawn width;
            2.   Medium sized trees (20-35 ft.) - four foot minimum tree lawn width;
         C.   No street tree shall be planted within the sight triangle of a street intersection as defined by the Ohio Department of Transportation;
         D.   No street trees may be planted within ten feet of fire hydrants, traffic control signs, street name signs;
         E.   No tree may be planted in any roadside drainage ditch or swale;
         F.   Any tree planted in the public right-of-way is subject to pre-approval by the Service Director or designee;
         G.   Trees planted in the public right-of-way may be selected from the approved tree list. Attached to Ordinance 2023-O-22 as Appendix A is an approved list of trees. The Service Director or designee may use discretion in permitting trees not listed and trees with a maximum height below twenty-five feet; or
         H.   Trees located in the public right-of-way in areas lacking sidewalks or curbs must be planted a minimum of seven feet from the edge of the road.
            (Ord. 2023-O-22. Passed 12-12-23.)
   (b)   Yard Tree Regulatory Zones.
      (1)   Yard tree regulatory zones shall include those areas of the City in which single and certain multifamily dwelling units are permitted.
      (2)   For parcels of land subdivided and improved, no person shall remove any tree from the front, rear or side yard, as defined in Section 1240.02, without first having obtained a permit therefor as provided in this chapter.
      (3)   The division of land into three or more lots, blocks, parcels, tracts or other portions shall constitute a subdivision and shall require a master plan locating trees, roadways, lot lines and utility easements. In the development of a subdivision, no more than thirty percent of the number of the trees located on the subdivision plot, exclusive of street right-of-way area, shall be removed and no person shall remove any tree without first having obtained a permit therefor as provided in this chapter.
      (4)   Prior to obtaining a final subdivision approval from the Planning and Zoning Commission, the developer shall file a letter indicating that such subdivision plan complies with the provisions of this chapter. Once subdivided and improved, individual parcels of land shall be subject to the requirements of yard tree regulatory zones.
      (5)   In the building area of a lot, a permit shall not be required for the removal of trees, but all trees removed shall be replaced by a recommended tree with a two-inch diameter or greater when measured three feet DBH above grade for every 1,000 square feet of building lot area that has been cleared to permit construction. The City will determine the building lot area.
      (6)   In addition to the foregoing, one tree with a two-inch diameter or greater when measured three feet DBH above grade shall be planted on a lot of 6,000 or less square feet and one additional tree shall be required for each additional 3,000 square feet of any part of the land area.
      (7)   The requirements of paragraphs (b) (5) and (6) hereof shall not apply to any lot that has not less than the required number of trees following completion of construction.
   (c)   Multiple Building Development Tree Regulatory Zones.
      (1)   Multiple building development tree regulatory zones shall include those areas which are predominantly multifamily dwelling districts in the City. Within these zones, no person shall remove any tree from the site without first having obtained a permit therefor as provided in this chapter.
      (2)   In addition to the foregoing, one tree with a two-inch diameter or greater when measured three feet DBH above grade shall be provided for each two on-site parking spaces, and such trees shall be distributed on the site with a minimum of fifty percent of the planting to be in conjunction with the parking spaces.
      (3)   The requirements of paragraph (c)(2) hereof shall not apply to any development that has not less than the required number of trees following completion of construction.
         (Ord. 77-0-11. Passed 3-22-77.)
   (d)   Commercial Building Tree Regulatory Zones.
      (1)   Commercial building tree regulatory zones shall include the Business and Office Building Districts, as defined in Title Four of Part Twelve - the Planning and Zoning Code. Within these zones, no person shall remove any tree from the site without first having obtained a permit therefor as provided in this chapter. It is the intent of this subsection that the site developed shall be developed in such a manner as to preserve any major rare specimen trees and incorporate existing trees into the proposed site development.
      (2)   In commercial building tree regulatory zones, two trees with a two-inch diameter or greater when measured three feet DBH above grade shall be provided for every five on-site parking spaces, and such trees shall be evenly distributed on the site with a minimum of seventy percent of the planting to be in conjunction with the parking spaces.
      (3)   In addition to the foregoing, service station sites shall contain at least seven trees with a two-inch diameter or greater when measured three feet DBH above grade for every 10,000 square feet of land. Such trees shall be selected from the recommended tree list and shall be distributed evenly on the site in a manner to create an attractive appearance along neighboring property lines and thoroughfares.
         (Adopting Ordinance)
   (e)   Industrial Tree Regulatory Zones.
      (1)   Industrial tree regulatory zones shall include the Industrial District, as defined in Title Four of Part Twelve - the Planning and Zoning Code. Within these zones, no person shall remove any tree without first having obtained a permit therefor as provided in this chapter.
      (2)   Within these zones, all trees that are removed shall be replaced with trees two inches in diameter or greater when measured three feet DBH above grade. Such trees shall be selected from a recommended list of trees proven tolerant to air pollution. In addition, two trees with a two-inch diameter or greater when measured three feet DBH above grade shall be provided for every five on-site parking spaces.
(Ord. 77-0-11. Passed 3-22-77.)