§ 52-151. Visual obstruction prohibited.

(a)

In a residentially zoned district, no structure shall be erected so that it does obstruct the vision of motorists traveling upon the public street adjacent thereto. Structures such as fences, planters or plantings, and no tree with foliage extending below ten feet above the established street grades shall be maintained in any front, side or rear yard within ten feet of any public street.

(b)

In other than residentially zoned districts fences may be constructed to a maximum height of eight feet above grade. In residential zoned districts fences shall not be erected to exceed eight feet in height above grade when located behind the front building line nor 4½ feet in height above grade when located within the required front yard or side yard on a corner lot adjacent to a side street, but in no case shall any fence be permitted closer than ten feet from the curb or roadway area. No fence shall be located within any easement except by prior written approval of those agencies having interest in such easement.

(c)

No fence erected under the above provisions, and no wall, screen hedge, tree, brush, shrub, billboard or structure shall be erected, planted or maintained in such position or place so as to be dangerous or detrimental to the health or safety of persons living in any house or adjoining premises or in any way obstruct the view so as to constitute a traffic hazard. On any corner lot or parkway adjacent thereto, no fence, wall, structure, hedge, tree or growth of any nature may be erected, planted or maintained so as to interfere with sight lines at elevation between 2½ feet and eight feet above the top of the adjacent roadway curb. If there is no curb then from the center of the street (the crown) shall be constructed to be the same height of a curb. Such an obstruction shall be prima facie evidence that such fence, wall, structure, hedge, tree or growth of any nature constitutes an obstruction to vision as regards public traffic on the streets, except post, poles and tree trunks of less than 12-inch diameter within the triangular line of sight easement. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section. Any such fence, wall, structure, hedge, tree or growth of any nature erected, planted or maintained in violation of this subsection, shall be removed upon written notice from the building official, served upon the owner, agent or occupant of the premises where such obstruction has been erected, planted or maintained.

(Code 1994, § 12.1002)