A.    Visibility. Notwithstanding the provisions of Section 9.21.050, Fences, Walls, and Hedges, no person shall permit any obstruction, including, but not limited to, any fence, wall, hedge, tree, or landscape planting to obscure or block the visibility of vehicles entering or exiting an alley, driveway, parking lot, street intersection, or other vehicle right-of-way or to constitute an unreasonable and unnecessary hazard to persons lawfully using an adjacent pedestrian or vehicle right-of-way. In addition, no obstruction shall be located less than 5 feet from the intersection of the street-facing parcel line with a driveway or garage door, or the intersection of parcel lines adjacent to street or alley intersections unless the obstruction is either less than 24 inches above the adjacent vehicle right-of-way or is authorized pursuant to subsection (B). In addition, unless authorized pursuant to subsection (B), no obstruction shall be located less than 5 feet from the intersection of the alley-facing parcel line with a driveway or garage door, and this area must be paved in accordance with Section 9.28.120(I).

B.    No development shall be allowed if it would otherwise cause an existing obstruction to be in violation of this subsection unless:

1.     The obstruction is less than 24 inches above the adjacent vehicle right-of-way; or

2.     The obstruction or development is authorized pursuant to subsection (B) or (C) of this Section.

C.    Allowable Encroachments. The Director may approve encroachments into the 5 foot hazardous visual area in addition to those specified in subsection (A) of this Section when the parcel owner submits a written request and satisfactory evidence that:

1.     Characteristics applicable to the parcel, including size, shape, topography, location, or surroundings, that do not apply to other properties in the vicinity which unreasonably restricts an owner’s ability to comply with subsection (A); and

2.     The proposed encroachment will be designed to maintain adequate sight view and/or provide other design elements, such as the use of mirrors and will not constitute a hazard to persons lawfully using an adjacent sidewalk, alley, street or other right-of-way;

3.     The strict application of the provisions of this Section would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, or would result in unreasonable deprivation of the use or enjoyment of the parcel; and

4.     The granting of the encroachment will not be contrary to or in conflict with the general purposes and intent of this Section, nor to the goals, objectives, and policies of the General Plan.

D.    Detached Garages and Non-Required Parking in R1 Districts. The Director may approve a detached garage and non-required parking on a parcel in a R1 District with alley access even if the parking would cause an existing obstruction to be located in the hazardous visual obstruction area if the parking will be designed to maintain adequate sight view and/or provide other design elements, such as the use of mirrors, and will not constitute a hazard to persons lawfully using an adjacent sidewalk, alley, street, or other right-of-way. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 7, adopted February 28, 2017)