The purpose of these regulations is to assure that trees are planted and/or preserved with the development or redevelopment of buildings and parking areas for other than single-family uses and with the establishment or conversion of uses, other than single-family uses, in accordance with the best ecological concepts, environmental objectives and site planning principles so the well-being of the residents of the City is protected and enhanced.

1.   General Applicability.  No building permit shall be issued for the construction, reconstruction or structural alteration of a building and its parking area nor shall any use be established or converted nor shall a certificate of occupancy be granted for a use without conformity with the provisions of this section.  However, the following are exempt from these regulations:

   A.   Property in the CB-1 Zone, with the exception of surface parking lots which exceed 18 parking spaces, and ID Zones.

   B.   Property developed in accordance with the yard requirements of the zone in such a manner that insufficient area is available to achieve compliance with the tree regulations; all trees which can be provided in compliance with the requirements of this chapter shall be provided.

   C.   Any individual lot occupied by a single-family dwelling except for townhouses.

2.   Recommended Species of Trees.  The varieties of trees permitted by this section for the use indicated are specified in the List of Recommended Trees for the City of Clear Lake as updated and amended from time to time and available as a supplement to and made a part of this section.  The List of Recommended Trees for the City of Clear Lake may be obtained from the office of the Building Official.  Trees not included on the List of Recommended Trees for the City of Clear Lake may be used to fulfill the requirements of this section upon approval of the Building Official.

3.   Installation.  All tree plantings required by this section shall be installed prior to occupancy or commencement of a use.  If the plantings cannot be installed prior to occupancy or commencement of a use, the Building Official may issue a temporary certificate of occupancy accompanied by a letter of violation and grant a delay of tree installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the property owner shall place in an escrow account, established with the City, an amount which shall cover the anticipated costs of plantings.

4.   Planting Sizes.  The following specifications shall be met at the time of planting:

   A.   Large Deciduous Trees.  This type of tree shall have a minimum trunk diameter of 1.5 inches at a point six (6) inches above ground level and demonstrate the growth capabilities, branch formation and crown balance that is indigenous to the particular variety.  The tree shall be straight of trunk, with the main leader intact.

   B.   Small Deciduous Trees.  This type of tree shall have a single stem and a minimum trunk diameter of 1.5 inches and demonstrate the growth capabilities, branching formation and crown balance that is indigenous to the particular variety.  The tree shall be straight of trunk, with the main leader intact.

   C.   Coniferous Trees.  This type of tree shall have a minimum height of 3 feet measured from the planted level to the top of the tree.  The needle color and branching habits shall be normal for the species and the overall appearance shall be indicative of previous care in pruning and development.

5.   Maintenance.  It shall be the responsibility of the owner of a lot to maintain and replace, if necessary, trees required by these provisions after their planting; any trees on private property which overhang the public right-of-way shall be maintained in accordance with the provisions of Chapter 151 of this Code of Ordinances.

6.   General Provisions.

   A.   The distances required herein for the location of a tree shall mean the distance to the center of the tree.

   B.   Where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number.

   C.   Evergreen trees, required for screening purposes in accordance with the provisions of Section 165.43(8) (Screening) and Section 165.33(5) (Off-Street Parking Requirements), may be used to satisfy the requirements of the tree regulations provided they are of a variety suitable for screening purposes, as listed in the List of Recommended Trees for the City of Clear Lake and are allowed to grow to their mature height.

   D.   References to “large” or “small” trees in subsequent paragraphs refer to the mature height as scheduled in the List of Recommended Trees for the City of Clear Lake.

   E.   Existing trees may be used to comply with the requirements of the tree regulations.

7.   Site Plan.  When provisions of the tree regulations are applicable, a site plan shall be submitted with the request for a building permit and shall, in addition to the information normally required, include:

   A.   The size and location of required planting areas.

   B.   The mature height (small or large), location and type (coniferous or deciduous) of existing and proposed tree plantings.

   C.   The location of existing trees within the right-of-way.

8.   Trees Adjacent to and Within Street Rights-of-Way.  The following provisions shall regulate the planting of trees adjacent to and within street rights-of-way.

   A.   Applicability:

      (1)   Whenever there is a conversion or a new use established, the requirements of this subsection shall be applicable to the entire lot.

      (2)   Whenever a principal building is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than ten percent (10%), the requirements of this subsection shall be applicable to the entire lot.

      (3)   If any provision of this section would preclude the planting of one or more trees adjacent to the right-of-way, the trees which cannot be planted adjacent to the right-of-way shall be planted within the right-of-way according to the provisions of paragraph C of this subsection.  However, trees which cannot be planted in conformity with the provisions of paragraph C may be omitted.

      (4)   If the required number of trees exist within the right-of-way, trees need not be planted adjacent to the right-of-way.  Additional trees required shall be planted adjacent to the right-of-way, except as provided in subparagraph (3) above.

   B.   Required Tree Planting Adjacent to Street Rights-of-Way.  Trees shall be planted adjacent to street rights-of-way and meet the following conditions:

      (1)   Large trees shall be planted at a minimum ratio of one tree for every 40 feet of lot frontage or for small trees, every 30 feet of lot frontage.  In the case of a corner lot, only one (1) tree for every 60 feet of lot frontage shall be required.

      (2)   Trees shall be planted adjacent to street rights-of-way within fourteen (14) feet of the right-of-way line for large trees and within eight (8) feet of the right-of-way line for small trees but not closer than four (4) feet to a public sidewalk or the anticipated location of a future public sidewalk where one does not now exist.

      (3)   Small trees shall not be located closer than eight (8) feet to a building and large trees shall not be located closer than fourteen (14) feet to a building.

      (4)   Large trees shall be spaced no closer than thirty (30) feet apart, or for small trees, no closer than sixteen (16) feet apart, except along streets where screening is appropriate or required.  In the latter case, trees shall be planted in accordance with the provisions of Section 165.43(8) and be of a variety suitable for screening purposes as designated in the List of Recommended Trees for the City of Clear Lake.

      (5)   Trees shall be located within planting areas and separated from parking areas pursuant to the requirements of paragraph (9)(B) of this section.

      (6)   At street intersections, trees shall not be located within fifty (50) feet of the intersection of curb lines along major thoroughfares or within thirty (30) feet of the intersection of curb lines along local streets.  In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree.

      (7)   Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer or designated representative.

      (8)   Any trees adjacent to street rights-of-way shall be maintained in accordance with the applicable provisions of Chapter 151 of this Code of Ordinances.

   C.   Placement of Trees Within Street Rights-of-Way.  Trees shall be planted within the right-of-way only in those cases in which trees cannot be planted adjacent to the street right-of-way and shall meet the following conditions:

      (1)   A tree planting permit shall be obtained from the Building Official.

      (2)   Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist.  Trees shall not be located within five (5) feet of the curb.  No trees shall be planted in the area between a curb and a sidewalk where the width of the area is less than nine (9) feet.

      (3)   At street intersections, trees shall not be located within fifty (50) feet of the intersection of curb lines along major thoroughfares or within thirty (30) feet of the intersection of curb lines along local streets.  In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree.

      (4)   At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within 30 feet of the drive, aisle or the right-of-way line of the alley.

      (5)   Large trees shall be placed no closer than thirty (30) feet apart or located closer than fourteen (14) feet to a building.  Small trees shall be located no closer than sixteen (16) feet apart but may be located to within eight (8) feet of a building.

      (6)   Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer or designated representative.

      (7)   Any tree planted within the street right-of-way shall have a single trunk, with a minimum of four (4) feet from grade to the first branch at the time of planting and shall be maintained in accordance with the provisions of Chapter 151 of this Code of Ordinances.

9.   Trees on Private Property for Parking Lots.  The following provisions shall regulate the planting of trees for parking lots on private property:

   A.   Applicability:

      (1)   New Parking Lots.  Whenever the total number of parking spaces required or provided on a lot exceeds eighteen (18) parking spaces, the requirements of this subsection shall be applicable.  Screening of any parking area shall be provided as required in Section 165.33(5) (Off-Street Parking Requirements), and may be used to satisfy the requirements of the tree regulations.

      (2)   Existing Parking Lots.  This subsection shall apply to an existing parking area under the following conditions:

(a)   If the number of parking spaces in an existing parking area is increased to accommodate more than 18 parking spaces, the parking spaces in excess of 18 shall comply with the requirements of this subsection.

(b)   If an existing parking area which provides more than 18 parking spaces is increased in area, the additional parking spaces shall comply with the requirements of this subsection.

(c)   If an existing parking area does not have a permanent dust-free surface and is required to be surfaced or altered in any way, the provisions of this subsection shall apply as if the parking area had not previously existed.

      (3)   Parking ramps, covered parking lots and parking lots that are an integral part of a building shall be exempt from the requirements of this subsection.

   B.   Required Tree Planting for Parking Lots.  Trees and planting areas shall be provided within and abutting the perimeter of parking lots and meet the following conditions:

      (1)   Planting areas shall be located so every parking space or portion thereof is not more than forty (40) feet from a small size tree within a planting area or sixty (60) feet from a large size tree within a planting area.

      (2)   Planting areas shall be separated from parking spaces, drives and alleys by an unmountable curb or barrier a minimum of five (5) inches in height.  The curb or barrier shall be constructed in such a manner that saltwater runoff will not damage the tree.

      (3)   Only small trees shall be allowed in small planting areas and they shall be planted at a ratio of no more than one tree for each 120 square feet of planting area.  Large trees shall be allowed only in large planting areas and shall be planted at a ratio of no more than one tree for each 256 square feet of planting area.

      (4)   Small trees shall be located a minimum of four and one-half (4½) feet from the edge of a planting area and large trees shall be located a minimum of four and one-half (4½) feet from the edge of a planting area.

      (5)   Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist.

10.   Trees on Private Property for Residential Uses.  The following provisions shall regulate the planting of trees for residential uses, except for single-family residences.

   A.   Applicability.  Whenever a building containing a residential use is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than ten percent (10%), the requirements of paragraph B of this subsection shall be applicable to the entire lot.

   B.   Required Tree Planting for Residential Uses.  Trees shall be planted on a lot with a residential use and meet the following conditions:

      (1)   Trees shall be planted at the minimum ratio of one tree for every 550 square feet of total building coverage of the lot.  In lieu of trees with a minimum diameter of 1.5 inches, deciduous trees with a minimum trunk diameter of 2.5 inches at a point six (6) inches above ground may be planted or existing trees with this dimension may be kept at the discretion of the Building Official at a ratio of one tree for every 1,000 square feet of total building coverage of the lot.  Where residential uses are combined with other uses, the building coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that is wholly or partially devoted to a residential use.  Trees planted to fulfill the requirements of subsection 8 (Right-of-Way Trees) and subsection 9 (Parking Area Trees) may be used to fulfill the requirements of this subsection.

      (2)   Small trees shall not be located closer than eight (8) feet to a building, and large trees shall not be located closer than fourteen (14) feet to a building.

      (3)   Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist.

      (4)   At street intersections, trees shall not be located within fifty (50) feet of the intersection of curb lines along major thoroughfares or within thirty (30) feet of the intersection of curb lines along local streets.  In cases where two different types of streets intersect, the location of the tree shall be determined by the type of street adjacent to the proposed tree.

      (5)   Small trees shall be planted in a minimum planting area of a 120 square feet and located a minimum of four and one-half (4½) feet from the edge of a planting area.  Large trees shall be planted in a minimum planting area of 256 square feet and located a minimum of four and one-half (4½) feet from the edge of a planting area.