§ 114-67. Exceptions and exemptions.

(a)

The requirements of this article shall not apply to the following, unless the area is designated as a conservation area:

(1)

Trees less than 12 inches (DBH) upon a lot where a single or duplex residential structure exists.

(2)

Public road or drainage rights-of-way or utility rights-of-way or permanent utility and drainage easements, except that whenever any electric, water, telephone or other public utility firm or corporation wishes to extend, maintain or relocate service such that any tree on an unimproved lot or tract will be removed, it shall make application for a permit to do so. Any public utility wishing to prune trees on a right-of-way shall notify the building department in writing in advance of the time and place those pruning activities will take place. The building department shall supervise these activities as necessary and shall have the authority to regulate or halt such pruning when these actions are deemed detrimental to the trees or beyond that needed to ensure continued utility service.

(3)

The trees listed in subsection 114-75(b).

(4)

Trees less than three inches DBH.

(5)

Underbrush, including palmetto and shrubs, provided that such removal does not adversely affect trees, other than those specified in this subsection, within their dripline.

(6)

Trees from licensed plant nurseries.

(b)

On application of any landowner, due to an emergency or special circumstances, the city may waive the requirements of this article. Any waiver of this article shall be solely within the discretion of the city commission.

(Code 1988, § 12.5-47)