§ 830-60. Prohibition of tree abuse; exemptions; variances.

(A)

No person shall abuse a tree located within the city unless one of the following exemptions applies:

(1)

The tree is an invasive species as defined in section 825-50 and the abuse does not result in a tree that threatens public safety or adjacent property.

(2)

The abuse is necessary to alleviate a dangerous condition posing an imminent threat to the public or property provided that the threat cannot be remedied by pruning that is not defined as tree abuse.

(3)

County, city or franchised utilities, water control districts, and their authorized agents may obtain a registration form from the city, renewable on an annual basis, authorizing the pruning of trees in a manner that may be defined in this article as tree abuse provided such pruning is inspected and approved by the city to prevent ongoing interruptions, or to prevent interference with the operation of water control structures.

(4)

Topiary pruning shall only be allowed for trees located on owner-occupied property developed for detached single-family or duplex usage, or for those trees that were not installed to meet minimum landscape requirements and are identified on an approved landscape plan as appropriate for topiary pruning, and are located outside of rights-of-way or road easements.

(B)

Any person may apply to the community development department for a variance from the terms of this section, provided that:

(1)

The application is made before any actions for which a variance is sought have been undertaken.

(2)

Any alleged hardship is not self created by any person having any interest in the property. A hardship shall not be considered self created if the subject tree was installed prior to the effective date of this article.

(3)

There are unique and special circumstances or conditions applying to the subject tree or property upon which it is located, that do not apply generally to other trees or properties.

(4)

The variance proposed is the minimum variance necessary to alleviate the hardship.

(5)

That the granting of the variance will be in harmony with the general intent and purpose of this article and will not create a dangerous condition that threatens the public or property.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)