A. Notwithstanding any other provisions of this title, buildings, structures, off street parking spaces, fences, walls, or landscaping may not be constructed or allowed to grow on any corner lot so as to impede vision of vehicular traffic using the adjoining right of way within a triangular area determined by the projected curb intersection and points along the two (2) curbs at a distance of fifty feet (50') from the projected curb intersection, between a height of two and one-half feet (21/2') and ten feet (10') above the grade of the projected curb intersection, spanning diagonally from curb to curb across the corner created by two (2) intersecting public or private streets or thoroughfares, or from the centerline of an alley or the apparent traveled path thereof across the corner to the street curb between a height of two and one-half feet (21/2') and eight feet (8') above the grade of the projected curb intersection. This triangular area is known as the "sight distance triangle" and is established in the following manner:
1. At an uncontrolled, unsigned intersection, the sight distance triangle has sides of fifty feet (50') measured along both of the intersecting curbs.
2. In a partially controlled intersection, having one street with a stop sign or yield right of way sign and the other street being uncontrolled, the sides of the sight distance triangle, as measured along the curb from the point of the projected intersection of the two (2) curbs, are fifty feet (50') measured along the curb of the uncontrolled street and fifteen feet (15') measured along the controlled street. If the uncontrolled street has a speed limit of thirty five (35) miles per hour or more, the sides of the sight distance triangle, as measured along the curb from the point of the projected intersection of the two (2) curbs, are one hundred feet (100') measured along the curb of the uncontrolled street, and fifteen feet (15') measured along the curb of the controlled street.
3. At a fully controlled intersection where both streets have traffic control signs, the sight distance triangle has sides of fifteen feet (15') measured along both of the intersecting curbs.
4. At the intersection of any street with an alley, the sides of the sight distance triangle, as measured along the street curb line from the point of the intersection of the street curb and the centerline of the alley are ten feet (10').
B. This section does not apply to:
1. Trees that have a single trunk trimmed to at least eight feet (8') above the curb;
2. Fire hydrants, public utility poles, street signs, and traffic control devices;
3. Existing permanent buildings;
4. Existing grades which, by reason of natural topography, exceed thirty inches (30") above the curb; and
5. Signs mounted eight feet (8') or more above the curb whose supports do not exceed eighteen inches (18") in diameter.
C. If no curbs or gutters exist at an intersection, then the curb line is assumed to be twenty feet (20') from the centerline of the right of way.
D. Regardless of any other provisions of this section, fences, walls, trees, or hedges erected or maintained in any area, which materially impede the vision of vehicles entering an intersection, as determined by the director of community development, are obstructions to the visibility of persons operating vehicles and are public nuisances.
E. Owners and tenants of any premises within the city have a duty to abate such public nuisances in front of or adjoining their premises within the public right of way or upon their premises by demolishing, removing, or trimming the cause of the public nuisance, following notification to and receipt of approval from the city to do so.
F. No existing obstructions to visibility as prohibited above are exempted from the application of this section except as set forth herein.
G. Failure to remove, trim, or otherwise lawfully abate an obstruction within the time frame specified by the director of community development, following notification of the violation, may result in the removal, trimming, or abatement of the same by the city with the total cost thereof being added to the taxes levied against the real property upon which the obstruction exists, pursuant to the provisions of section 7-10-18 of this title. (Ord. 3098, 4-7-2008)