§ 1.3. Exemptions.

The terms and provisions of this article shall not apply if the following conditions exist:

1.

Agricultural property. Property zoned Agricultural (AG) District and being actively used for agricultural purposes shall be exempt from the requirements specified by this article; however, clear-cutting of land on property zoned Agricultural (AG) District that is not being actively used for agricultural purposes is prohibited.

2.

Damaged/diseased trees. If a certified arborist establishes that the tree is dead, diseased, damaged beyond the point of recovery, or in danger of falling the tree maybe removed.

3.

Residential property. The owner of a property with an existing single-family home shall be exempt from the tree protection and replacement requirements specified by this article as it pertains to that property on which the home is located.

4.

Public safety. If the city determines that a tree or trees create unsafe vision clearance or conflicts with other ordinances or regulations, or the tree or trees are determined to be in a diseased, dead, hazardous or dangerous condition so as to endanger the public health, safety or welfare of the general public, the city or property owner may remove the tree or trees without being required to follow the terms and provisions of this ordinance.

5.

Utility service interruption. The tree has disrupted a public utility service due to tornado, flood or other act of God. Removal shall be limited to the part of the tree that is found necessary to be removed to reestablish and maintain the utility service.

6.

Utility companies, utility service and or distribution/transmission lines. Utility companies shall not be subject to the tree protection or replacement requirements in this article when establishing distribution and transmission lines. When establishing new utility service, services should be routed between the service pole or transmission and distribution lines and the building being served in a manner that does not require the removal of a protected of feature tree. All right-of-way, easements or similar types of public property maintained by utility companies shall not be subject to the tree protection or replacement requirements of this article.

7.

Public property. All right-of-way, easements or similar types of public property maintained by the city shall not be subject to the terms and provisions of this article.

(Ord. No. 18-01, § 1, 1-2-2018)