This article shall be known, cited, and referred to as the "Visibility
Triangle Ordinance of the Village of Oakwood, Vermilion County, Illinois."
The purpose of this article is to prohibit the placement or existence of any obstruction in
a required yard near an intersection which may hinder the ability
of the motoring public to travel the roads within the Village safely.
The intent of this article is to require a specific triangular
area at each corner of each intersection to be free from obstructions
such as buildings, structures, fences, landscaping, and signs, which
may hinder or obstruct a motorist's line of sight when approaching
an intersection.
In the interpretation of this article, the definitions hereunder
shall be observed and applied, except when the context clearly indicates
otherwise:
A.
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural number; and the
plural number shall include the singular number.
B.
The word "shall" is mandatory and not discretionary.
C.
Words not defined shall be interpreted in accordance with definitions
contained in "Webster's New Collegiate Dictionary" (current edition).
The following words and phrases, when used in this article,
shall have the following meanings respectively ascribed to them:
The legal relationship of a person to a parcel of land giving
such person the right to possession or use of such or the right to
lease such parcel of land to another.
Any physical barrier which impairs visibility; provided,
however, it shall not include wire fences or chain link fences which
are more than 95% open, and provided further, it shall not be construed
to include any physical barrier which is less than two feet or more
than seven feet in height as measured from the grade of the center
line of the roadway adjacent to the lot within the visibility triangle.
Traffic controls, trees with limbs trimmed from the lower seven feet
of the trunk, flagpoles, or public utility devices and items which
are less than 12 inches in width will not be defined as obstructions.
The record owner or contract purchaser of any parcel of land.
Any strip or area of land, including surface, overhead, or
underground, granted by deed or easement, for construction and maintenance
according to designated use, such as for drainage and irrigation canals
and ditches; electric power, telegraph and telephone lines; gas, oil,
water, and other pipe lines; highways, streets, and other roadways,
including right of portage; sewers; flowage or impoundment of surface
water; and tunnels.
The volume of space whose base is the area of the visibility
triangle, and whose height is between two feet from the mean grade
of the lot within the visibility triangle and seven feet from such
mean grade. (See Figure 1 set out at the end of this chapter.[1])
The area within the vertices of a triangle as indicated in § 240-55.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
The Village Planning Commission, is authorized as the review
and appeals board for this article.
A.
Obstructions on private property. Except as otherwise permitted in
this article, no person shall allow construction, erection, or existence
by any other means of an obstruction of the sight lines within the
visibility triangle, as determined by the Village Superintendent of
Public Works or his or her agent in accordance with this article,
on any property owned or controlled by such person. Further, no person
shall permit the continuance of an obstruction of such sight lines
within the visibility triangle as determined by the Village Superintendent
of Public Works or his or her agent in accordance with this article,
on any property owned or controlled by such person after having received
notice to remove the obstruction pursuant to this article.
B.
Obstructions within Village right-of-way. Except as otherwise permitted
in this article, no person shall allow construction, erection, or
existence by any other means of an obstruction of the sight lines
within the visibility triangle as determined by the Village Superintendent
or his or her agent in accordance with this article, but which are
within the right-of-way of a roadway between a property line and the
edge of the pavement of the road. Further, no person shall permit
the continuance of an obstruction of such sight lines within the visibility
triangle, as determined by the Village Superintendent of Public Works
or his or her agent in accordance with this article, on any Village
right-of-way and adjacent to any property owned or controlled by such
person after having received notice to remove the obstruction pursuant
to this article.
A.
Typical unregulated intersection. The visibility triangle for all
intersections which do not involve U.S. Route 150, do not have stop
signs or stop lights, and are within the corporate limits of the Village
shall be defined as an isosceles triangle whose two equal legs are
to be measured along the right-of-way lines of the adjoining or intersecting
streets or roads (or extensions thereof) and shall be measured 30
feet in the direction away from the intersection from the point of
intersection of the rights-of-way of the two streets or roads. The
third leg of this triangle shall connect these two thirty-foot lines.
(See Figures 2 and 3 set out at the end of this article.[1])
[1]
Editor's Note: Figures 2 and 3 are included as an attachment to this chapter.
B.
Intersections with U.S. Route 150. The visibility triangle for all
intersections with U.S. Route 150 and within the corporate limits
of the Village shall be defined as a triangle of which two legs are
measured along the edges of the rights-of-way of U.S. Route 150 and
that of the intersecting street or road. The length of these legs
shall be measured in the direction away from the intersection as follows:
along the ROW of the intersecting street or road, 30 feet from the
intersection of the two rights-of-way; and along the right-of-way
of the U.S. Route 150, 30 feet from such intersecting rights-of-way.
The third leg of such triangle shall be the connection of the two
previously described lines. (See Figure 4 set out at the end of this
article.)
C.
Typical regulated intersection. The visibility triangle for all intersections
which do not involve U.S. Route 150, and which have stop signs or
stop lights, and are within the corporate limits of the Village, shall
be defined as an isosceles triangle whose two legs are measured along
the right-of-way lines of the adjoining or intersecting streets or
roads. The length of these legs shall be measured in the direction
away from the intersection as follows: along the right-of-way of a
street on which traffic must stop 15 feet from the intersection of
the rights-of-way; along the right-of-way of a street on which traffic
does not stop 30 feet from such intersecting rights-of-way. The third
leg of such triangle shall be the connection of such two previously
described lines. (See Figures 5 and 6 set out at the end of this article.[2])
[2]
Editor's Note: Figures 5 and 6 are included as an attachment to this chapter.
The Village Superintendent of Public Works or his or her agent
shall notify in writing by certified mail the person who owns or controls
any property whereon a violation of this article is occurring of his
or her determination that a violation is occurring, and require in
writing that the obstruction be eliminated, at the expense of such
person, within 30 calendar days of date such notice is sent. If the
obstruction occurs within the public right-of-way, the Village Superintendent
of Public Works or his or her agent may cause the removal of the obstruction
at the expense of the Village.
A.
The person who owns or controls any property, after being notified pursuant to § 240-56 by the Village Superintendent of Public Works that an obstruction exists on his or her property, may appeal that determination in the manner set forth herein. Appeal of such determination shall be taken by filing a written appeal not more than 15 days following the date of mailing of the notice of the violation provided for in § 240-56. The appeal shall be addressed to the chair of the Village Planning Commission, through the office of the Village Superintendent of Public Works. The Village Planning Commission shall schedule a hearing date for not less than 15 days and not more than 30 days after receiving such notice of appeal, and shall notify the person appealing of the date and time of their consideration of the appeal and such person may appear and be heard by the Village Planning Commission.
B.
The determination of the Village Superintendent of Public Works shall
not be reversed except by an affirmative vote of the members of the
Village Board. The Village Superintendent of Public Works shall promptly
notify the person who is appealing the determination of the Village
Superintendent of Public Works of the resulting decision of the Village
Planning Commission. If the determination of the Village Superintendent
of Public Works is not reversed as provided for herein, then the Village
Superintendent of Public Works or his or her agent shall require in
writing by certified mail that the obstruction be removed within 15
calendar days from such date of notice that the Village Planning Commission
failed to reverse his or her determination.
If the obstruction is not removed within 30 days, as provided in § 240-56, or in the event of appeal, within 15 days following notice of the Village Superintendent of Public Works that the Village Planning Commission failed to reverse the determination, the Village Superintendent of Public Works may cause the removal of the obstruction and the cost of such removal shall be charged against the property on which the obstruction occurred. The failure of the person notified to eliminate the obstruction as required by a notice to do so from the Village Superintendent of Public Works within the time allowed therein shall constitute a violation of this article.
When, in the opinion of the Village Planning Commission, a strict
interpretation of this article would constitute a hardship to the
property owner without commensurate benefit to the public, and it
is deemed inadvisable or not feasible to remove obstructions such
as existing buildings, untrimmed trees or bushes, or other obstructions
which violate the area defined as within the visibility triangle,
the Village Planning Commission may grant a special permit allowing
the obstruction to remain. Such special permit may include any conditions
as the Village Planning Commission deem necessary to protect public
safety, and to carry out the purpose of this article. If the obstruction
is substantially destroyed (more than 50%), it must be completely
removed and may not be replaced or restored within the visibility
triangle.
It is deemed to be inadvisable or not feasible to remove any
building existent at the time of passage of the ordinance codified
in this article which obstructs the visibility triangle, but which
complies with existing Village setback requirements as either a conforming
building or a legally nonconforming building. Such buildings shall
be permitted to remain within the visibility triangle. In the event
that such a building is substantially destroyed (more than 50%), it
shall be completely removed from the visibility triangle and may not
be replaced or restored within the visibility triangle.
It is not the intent of this article to abrogate, annul, impair,
or interfere with any private covenants or restrictions on land. Whenever
a provision of this article or any other provision of law, whether
set forth in these regulations or established by any other ordinance,
regulations, statute, or rule of any kind, imposes overlapping of
contradictory regulations or contains any restrictions covering any
of the same subject matter, the provision which is more restrictive,
more stringent, or which imposes higher standards or requirements
shall prevail.
