Chapter 8.80 — SIGHT OBSTRUCTIONS

On property at any corner formed by intersecting streets or the intersection of a street and driveway, no person may install or maintain a sign, fence, structure or vegetation which obstructs the visibility of or from approaching vehicles. Visibility is obstructed if the sign, fence, structure or vegetation is located between three feet and six feet above the level of the intersection (except for tree trunks) and within the following area:

A.

At the intersection of streets, a triangular area between the property lines and a diagonal line joining points on the property lines twenty-five (25) feet from the point of their intersection;

B.

At the intersection of a street and a driveway, a triangular area between the property line and the side of the driveway and a diagonal line joining points on the property and driveway lines fifteen (15) feet from the point of their intersection.

In the case of a rounded corner, the triangular area is that area bounded by lines tangent to the curve of the property line or driveway line and a diagonal line joining points on the tangent. The tangents referred to are those at the points where the property lines or driveway line joints the curve.

(Prior code § 8-2301)

This chapter does not apply to existing public utility poles, or existing permanent structures or existing supporting members of appurtenances to permanent structures, official traffic signs or signals, or corners where the contour of the land, excluding landscaping, prevents visibility.

(Prior code § 8-2302)

If the planning director determines that a violation of this chapter exists, written notice will be given to the owner, tenant or person having possession, charge or control of the premises on which the violation exists. The notice shall be given by either registered or certified mail. The notice shall designate the obstruction and shall direct that the obstruction be removed within fifteen (15) calendar days after receipt of the notice. The notice shall also recite the right of appeal provided for in Section 8.80.040.

(Prior code § 8-2303)

The owner, tenant or person having possession, charge or control of premises may appeal the determination of the planning director made under Section 8.80.030 or may seek a special exception from this chapter by application to the zoning administrator. Upon application the zoning administrator may grant, grant conditionally, or refuse or grant a special exception from this chapter. The grant of a special exception shall be based upon a finding that it will not create a hazard to visibility which could endanger the traveling public, will not adversely affect neighboring properties and is designed in a manner which harmonizes with existing development in the area.

(Prior code § 8-2304)

Within fifteen (15) calendar days after the zoning administrator or the planning commission (if an appeal is taken) determines that the obstruction must be removed, the applicant shall remove the obstruction.

(Prior code § 8-2305)

It is unlawful for the person to whom the notice is addressed to fail to remove the obstruction within the ten (10) day period unless within the period he appeals as provided for in Section 8.80.040, in which case the removal must be accomplished within ten (10) working days of an adverse ruling on the appeal or application or as ordered by the planning commission. A violation is punishable as an infraction.

(Prior code § 8-2306)