Chapter 82-18 — SIGHT OBSTRUCTIONS AT INTERSECTIONS

No structure (including, but not limited to, fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road, or street with another state highway, public road, or street, shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines twenty-five feet back from the point of their intersection or in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on the tangents twenty- five feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.

(Ord. 1787; prior code § 8112(a): Ord. 382).

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

(Ord. 1787: prior code § 8112(b): Ord. 382).

The prohibitions and limitations of Section 82-18.002 shall apply in every setback or front yard of a lot within seventy-five feet of the point where a state highway, public road, or street crosses a railroad track.

(Ord. 1787: prior code § 8112(c): Ord. 382).

If the director of public works determines that a violation of this chapter exists, the director of public works shall give written notice to the owner, tenant, or person having possession, charge or control of the premises on which the violation exists. The notice may be given by registered or certified mail. The notice shall designate the obstruction and shall direct that the obstruction be removed within ten days after receipt of the notice. The notice shall also recite the right of appeal provided for in Section 82-18.010. It is unlawful for the person to whom the notice is addressed to fail to remove the obstruction within the ten-day period unless within the period the person appeals as provided for in Section 82-18.010, in which case the removal must be accompanied within ten days of an adverse ruling on the appeal or application or as ordered by the board of adjustment or planning commission.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1787: prior code § 8112(d): Ord. 382).

* For director of public works, See Ch. 24-22 of this code.

The owner, tenant, or person having possession, charge or control of premises may appeal the determination of the director of public works made under Section 82-18.008, or may seek a variance from the terms of this chapter, by application to the board of adjustment pursuant to Chapter 26-2. Upon such application the board of adjustment may review the determination of the director of public works, if the

application is an appeal therefrom, and in any case if it determines that a violation of this chapter exists or is proposed or planned, may grant, grant conditionally, or refuse to grant a variance from the terms of this chapter.

(Ord. 1787: prior code § 8112(e): Ord. 382).

* For director of public works, See Ch. 24-22 of this code.

Within ten days after the board of adjustment or the planning commission (if appeal is taken to the planning commission) determines that the obstruction must be removed, the applicant shall remove the obstruction.

(Ord. 1787: prior code § 8112(part): Ord. 382).