(A) Prior to the issuance of a building permit for construction of a building or parking lot upon any commercial property subject to the provisions of this subchapter, it shall be unlawful for any person to remove any tree located within a street-side preservation zone.
(B) It shall be an affirmative defense to any prosecution under this subchapter that:
(1) Sufficient trees remain within the street-side tree preservation zone to satisfy the requirements of this subchapter applicable to the construction of a commercial building upon the adjacent site;
(2) The removal was necessary as a result of damage, injury, or disease affecting the tree to the extent that it posed a danger to persons or property;
(3) The removed tree was less than six feet in height; or
(4) The removal was necessary to satisfy traffic safety requirements, and after obtaining approval of the Code Enforcement Officer.
(C) This subchapter is intended to provide solely for the preservation of existing trees within street-side tree preservation zones and shall not be construed to require planting or replacement of any tree within any such zone prior to actual development.
(D) No tree shall be removed from city right-of-way without obtaining a written permit from the Code Enforcement Officer.
(Ord. 00-0406A, passed 4-7-2000) Penalty, see § 150.99