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088-89 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. _mRR-:-_8_9 Passed_u_____ .. mmm ________ n19 AN ORDINANCE AMENDING SECTION 1187.05 LANDSCAPE MATERIALS, OF THE DUBLIN CODIFIED ORDINANCES TO REGULATE PRUNING AND THE USE OF GROWTH INHIBITORS ON REQUIRED LANDSCAPE MATERIALS, AND DE- CLARING AN EMERGENCY WHEREAS, the Planning Department has investigated the landscape maintenance practices of various establishments; and WHEREAS, the current landscape maintenance practices in some cases produce results in direct opposition to the intended results of Dublin's ordinance; and WHEREAS, the current Dublin regulations regarding the maintenance of required landscape materials do not include restrictions on pruning or the use of growth inhibitors; and WHEREAS, it is recognized that improper pruning and trimming and/or the use of growth inhibitors will discourage the natural growth, spread, and maturity of landscape materials and will negate the intent of the landscape code; and WHEREAS, said landscape code was adopted to improve property appearances; to require buffering; to preserve aesthetic appeal and value; and to promote public health and safety through the reduction and noise pollu- tion, air pollution, visual pollution, air temperature, and artificial light glare; and WHEREAS, it is necessary from time to time to amend said landscape code; an WHEREAS, the Dublin Planning and Zoning Commission has reviewed this amendment and made a unanimous recommendation of approval on October 5, 1989; and WHEREAS, the Dublin Tree and Landscape Advisory Commission has reviewed this amendment and made a recommendation of approval on October 10, 1989; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That Chapter 1187 be amended to read as follows: Section 1187.05(e), Pruning and Growth Inhibitors; Landscaping materials used to fulfill code requirements, or conditions of approval, as authorized by City Council, Planning and Zoning Commission, Board of Zoning Appeals, Architectural Review Board, or other appropriate body may not be pruned or otherwise treated so as to reduce overall height or level of opacity required. Landscape materials are intended to grow, spread and mature over time; and pruning and other inhibiting measures including removal may only be practiced to insure the public safety, to maintain a neat and attractive appearance and to preserve the relative health of the material involved. The use of growth inhibitors is not permitted to be used on any plant material used to fulfill code requirements or conditions of approval. Section 2. That this Ordinance be declared an emergency as it is necessary to regulate maintenance procedures regarding required land- scape materials to promote the general health, safety, and welfare of the residents. 't.l,,< Section 3. That this Ordinance sha 11 take effect and be in force from and after the earliest period allowed by law. Passed this , 1989. M r - Presid' Officer Attest: I h b rffy th t . f tl' 0 d' /r.!' ~ ~/l-.Yl.(,.1O ~7 i~ ere y ce I a copies o. ,lIS r. 'nonce .0S0 ut:on were posted in theC erk of Co. nci .., City of Dublin in a~~oida1~(! Vt:i:l Se::t:cn 731.25 of the ~!O Revised Code. J~PQ1r'~~ Clerk of Counci , Dub in, Ohio