311.06 SIGHT CLEARANCE ON CORNER LOTS.

   (a)   On all corner lots and lots located at the intersection of alleys and streets in any district where front yards are required, there shall be provided sight clearance (hereinafter referred to as sight triangular area) across such lots in the following manner:

      (1)   On a corner lot, the sight triangular area shall be bounded by the intersecting street lot lines and by a line connecting points on such intersecting street lot lines twenty feet distant from the intersection of such lines or their extensions. On lots at the intersection of a street and an alley, the sight triangular area shall be bounded by the intersecting lot lines and by a line connecting points on such intersecting lot lines ten feet distant from the intersection of such lines or their extensions.

      (2)    Within the sight triangular area and within the abutting street right of way, it shall be unlawful to install, to set out, or maintain or to allow the installation, setting out, or maintenance of any structure, tree, sign, hedge, shrubbery, natural growth, or any other obstructions to the view higher than forty-two inches above a plane established by the adjacent street grades. It shall be unlawful to park any vehicle within this sight triangular area either on private property or on the abutting street right of way.

      (3)    The erection of fences within the sight triangular area may be permitted above forty-two inches in height above the grade plane of intersecting streets in Industrial Districts (I-1 and I-2), and under certain conditions in Agricultural and Commercial Districts (AG, B-1, B-2 and B-3). Fences permitted above forty-two inches in height must be constructed of material and be maintained transparent enough to permit adequate visibility through the sight triangular area. Approval for erecting fences over forty-two inches in height will be based on a determination of visibility and will be made by the City Traffic Engineer and enforced by the Building Commissioner. The City Traffic Engineer will take the following factors in consideration in making his determination:

         A.   Traffic control devices installed at the intersection;

         B.    The distance buildings are set back from street pavement;

         C.    Geometries of the intersection;

         D.    Fence material;

         E.   Other unusual factors affecting traffic safety;

         F.   Use to be made of sight triangular area.

   The prohibitions listed above shall not apply to public utility poles, traffic signs, signals and appurtenances, nor shall they apply retroactively to existing permanent buildings, to existing trees trimmed (to the trunk) to a line at least ten feet above the grade plane described above, nor to existing places where the contour of the ground is such that there can be no cross visibility at the intersection. (76-11-70. Passed 11-10-76.)

   (b)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.