(A) Every development shall retain all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.
(B) No excavation or other subsurface disturbance may be undertaken within the drip line of any tree 18 inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within 12 and one-half feet (measured from the center of the trunk) of any tree 18 inches in diameter or more unless compliance with this section would unreasonably burden the development. For purposes of this division (B), 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.
(C) The retention or protection of trees 18 inches in diameter or more as provided in divisions (A) and (B) above 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.
(D) If space that would otherwise be devoted to parking cannot be so used because of the requirements of divisions (A) or (B) above, and, as a result, the parking requirements set forth in §§ 152.460 through 152.471 cannot be satisfied, then the number of required spaces may be reduced by the number of spaces “lost” because of the provisions of divisions (A) and (B) above, up to a maximum of 15% of the required spaces.
(Ord. passed 12-20-2001) Penalty, see § 152.999