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:
CONTROL or CONTROLLED
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.
OBSTRUCTION
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.
PROPERTY OWNER
The record owner or contract purchaser of any parcel of land.
RIGHT-OF-WAY (ROW)
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.
SIGHT LINE
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.)
The Village Planning Commission, is authorized as the review
and appeals board for this article.
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.
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.