# Code Interpretation



## jharrison (Aug 16, 2021)

Recent debate on one of our local ordinances

Fences and Hedges, Corner Visibility: Except in zones allowing the construction of buildings to the property line. there shall be provided an unobstructed view across the triangle formed by joining points measured *twenty (20) feet distance along the property line* from the intersection of two (2) streets or fifteen (15) feet along both the street and alley line from the intersection of the street and an alley. Within said triangle there shall be no sight obscuring or partly obscuring wall, fence or foliage higher than thirty (30) inches above the curb grade or in the case of trees, foliage lower than five (5) feet. 

We have a discussion between 2 officials
Building Inspector says the 20 foot is measured starting at the property line (_this would be 20' along the property line)_
Electrical Inspector says the 20 foot is measured starting at the street, along the property line. (_this would be example 10' ROW + 4' sidewalk + 6' property line)_


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## Joe.B (Aug 16, 2021)

We have a similar ordinance with both the 15 and the 20 feet like you described. Ours addresses that concern and specifically defines the point of measurement being at the transition from private property to the ROW. So in our city your Building Inspector would be correct.


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## jharrison (Aug 16, 2021)

Joe.B said:


> We have a similar ordinance with both the 15 and the 20 feet like you described. Ours addresses that concern and specifically defines the point of measurement being at the transition from private property to the ROW. So in our city your Building Inspector would be correct.


Thanks for the response.


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## classicT (Aug 16, 2021)

Since this is a vision triangle for motorists, it would make sense to measure from the street.

That said, the way it reads is that it is measured from the property line.

Here is a visual representation of a vison triangle.


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## jharrison (Aug 16, 2021)

classicT said:


> Since this is a vision triangle for motorists, it would make sense to measure from the street.
> 
> That said, the way it reads is that it is measured from the property line.
> 
> ...


Thanks


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## mtlogcabin (Aug 16, 2021)

Here is ours
Clear Vision Triangle. As defined by City of Kalispell Ordinance No. 940A., it is an area established within a triangular area formed by the intersection of the center lines of the adjoining streets and a straight line connecting points on such center lines *eighty feet from such intersection*, in which the height of landscaping and vegetation is limited. (Figure 15)


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## tmurray (Aug 16, 2021)

Anytime you are interpreting a requirement, you have to keep in mind the intent. Presumable, you are concerned about the motorist's line of sight and as others have pointed out, you would take the measurement from where the motorist is impacted at.


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## JPohling (Aug 16, 2021)

In San Diego the visibility triangle dims are along the property line and this should be documented in your municipal code.


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## Joe.B (Aug 16, 2021)

When this conversation came up here the explanation that was given by the decision makers was that in some places the property line and the ROW were at the same point, back of sidewalk. In other areas the property line is at the transition from sidewalk to street, and in other places the property line is actually out in the street. The decision was made to use the ROW line as the measuring point so that all were treated equally. I drive around the city a lot and in the areas that are previously non-compliant are definitely more difficult to see in most cases. On the flip side even in places where the "proper" vision clearance was maintained, there are often other obstructions such as parked vehicles.


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## Mark K (Aug 16, 2021)

My sense is that this is better characterized as a zoning and not a building code issue.


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## Joe.B (Aug 16, 2021)

Mark K said:


> My sense is that this is better characterized as a zoning and not a building code issue.


Definitely a local zoning issue, but a question often asked of a code official when on-site, or at the front counter. It's not unrealistic to bring such a question up here.


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## tmurray (Aug 17, 2021)

And some of us act in both a building and zoning capacity.


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