Chapter 16.46
HEDGES
Sections:
16.46.020 Regulations concerning sight distance at street intersections and driveways.
16.46.030 Regulations concerning provisions for emergency response.
16.46.040 Exceptions and other provisions.
16.46.050 Waiver or reduction of requirements.
16.46.060 Nonconforming hedges declared public nuisance.
16.46.070 Enforcement of chapter – Abatement of nuisance.
16.46.010 Definitions.
As used in this chapter:
(1) “Alley” means a public right-of-way 14 feet or more in width, not designed for general travel and primarily used as a means of access to the rear of residential and business establishments. For purposes of this chapter, “alley” will include those platted alleys developed to city of Longview standards and those alleys which are unimproved but open to public travel;
(2) “Corner lot” means a lot or plot of land which abuts on at least two sides of a street or streets;
(3) “Front yard” means the open space required by LMC Title 19, as now in effect or as hereafter may be enacted by amendment, revision or new enactment, between the front property line and the nearest part of the building on the lot or plot of ground;
(4) “Hedge” means a barrier of a single plant or plants, trees or shrubs grown on a plot of ground;
(5) “Lot” means the parcel of land on which one or more structures are placed or are to be placed, together with the required open spaces; or a lot designated as such on an officially recorded plat;
(6) “Rear yard” means the open space, required by LMC Title 19, as now in effect or as hereafter may be enacted by amendment, revision or new enactment, extending along the rear property line throughout the whole width of the lot or plot of land between the rear property line and the nearest part of the main building upon such lot or plot of ground;
(7) “Sight triangles” are defined as triangular areas between two intersecting streets, the triangular areas at the intersection of a driveway or entrance onto a street and the street entered upon, or the triangular areas between a street or driveway and a sidewalk, which have, as their hypotenuse (in the case of right triangles), a line between two points, each of which lies a designated distance from a common starting point which is the place where two streets or a driveway or entrance onto a street and the street are joined. (Ord. 2715 § 1, 1999).
16.46.020 Regulations concerning sight distance at street intersections and driveways.
(1) Sight Triangle Requirements. In all areas of the city where yards or open space are required in front yards or side yards, sight triangles shall be maintained at intersections of streets, and intersections of driveways and other entrances to streets in order that visibility may exist from one to the other, enabling operators of motor vehicles, bicycles, pedestrians, and others using such streets, driveways and sidewalks, to observe other motor vehicles, bicycles, pedestrians and others before entering streets or crossing sidewalks from other streets, or driveways.
(2) Intersections and Entrances.
(a) Driveways from Private Property Emerging on to Streets Where There Are No Sidewalks. At all locations in the city of Longview where front or side yards are required by LMC Title 19, where driveways emerge onto streets, and where, on both sides of such driveway, there are no improved sidewalks existing between the land abutting such street and the paved portion thereof, there shall be maintained a clear field of vision between a point which is 42 inches above the edge of roadway where the driveway intersect or merge, and 96 inches above such point. Such field of vision shall be of such distance as to enable the operator of any motor vehicle, bicycle or other transportation device to clearly see onto the intersecting street from a distance which is 10 feet back from the point where such driveway intersects with such street, and along the intersecting street for a distance of not less than 10 feet, providing for a clear field of visibility. Said field of vision area is described as a triangular-shaped area determined by measuring from the point where the driveway and the paved portion of the street intersect, a distance of 10 feet along the driveway and 10 feet along the nearest edge of the pavement of the street onto which such driveway emerges, in both directions.
Property which adjoins a property with a required sight distance triangle for a driveway shall be required to maintain plantings consistent with the requirements of this chapter.
(b) Driveways and Other Entrances From Private Property Emerging on to Streets Where There Are Sidewalks. At all locations in the city of Longview where front or side yards are required by LMC Title 19, where driveways emerge onto streets, and where on both sides of such driveway there are improved sidewalks, on either side, existing between the land abutting such street and the paved portion thereof, there shall be maintained a clear field of vision between a point which is 42 inches above the edge of roadway where the driveway intersects or merges, and 96 inches above such point. Such field of vision shall be of such distance as to enable the operator of any motor vehicle, bicycle or other transportation device to clearly see onto the intersecting street from a distance which is 10 feet from the edge of the sidewalk which is nearest the property line and along the intersecting sidewalk for a distance of not less than 10 feet, providing for a clear field of vision. Said field of vision area is described as a triangular-shaped area determined by measuring from the point where the driveway and the paved portion of the sidewalk intersect, a distance of 10 feet from the edge of sidewalk, along the driveway and 10 feet along the nearest edge of the pavement of the sidewalk onto which such driveway emerges, in both directions.
Property which adjoins a property with a required sight distance triangle for a driveway shall be required to maintain plantings consistent with the requirements of this chapter.
(c) Streets Intersecting Other Streets. At all locations in the city of Longview where front or side yards are required by LMC Title 19, where streets intersect with other streets, there shall be maintained a clear field of vision between a point which is 42 inches above the highest level of such streets and 96 inches above such point. Such field of vision shall be of such distance as to enable the operator of any motor vehicle, bicycle or other transportation device to clearly see onto the intersecting street from a distance which is 20 feet along the property line from the point where such street rights-of-way intersect, providing for a clear field of visibility from each of said streets. Said field of vision area is described as a triangular-shaped area determined by measuring from the point where one street right-of-way intersects with another street right-of-way a distance of 20 feet along the right-of-way of one street and 20 feet along the intersecting edge of the intersecting street right-of-way. (Ord. 2715 § 1, 1999).
16.46.030 Regulations concerning provisions for emergency response.
(1) Hedges Along the Front Property Line or within the Front Yard Setback Area. At all locations in the city of Longview where front yards are required by LMC Title 19, no hedges or other plantings exceeding 42 inches height shall be permitted within the front yard setback area unless the street address of the property is clearly and permanently displayed on the property line between such hedges or other plantings, and the street and a driveway or other means of direct access to the principal structure, not less than 12 feet in width, is maintained at all times with required sight triangles.
(2) Hedges Along the Rear Property Line. At all locations in the city of Longview where rear yards are required by LMC Title 19, and where alleys exist abutting such rear yards, no hedges or other plantings shall be permitted within the area between the alley and the principal structure situated on the premises unless the street address of the property is clearly and permanently displayed at the property line between such hedges or other plantings and such alley, and a driveway of not less than 12 feet in width or other means of direct access not less than three feet in width to the principal structure, is maintained at all times. No vegetation shall be permitted to encroach within the alley right-of-way. (Ord. 2715 § 1, 1999).
16.46.040 Exceptions and other provisions.
(1) Exemptions. The trunks of trees that are devoid of branches between 42 inches above the highest point of the street at their base and 96 inches above that point, having a diameter not exceeding 12 inches, and spaced no closer than six feet from any other tree within the sight triangle, utility poles, light standards and traffic control poles, standards, and devices shall be permitted within such sight triangle notwithstanding the provisions of this chapter.
(2) Authority of Traffic Engineer. The city of Longview traffic engineer shall have the authority where, in his professional opinion, a hazard to pedestrians or motorists exists due to the placement or height of plantings to require the trimming and/or removal of said plants. (Ord. 2715 § 1, 1999).
16.46.050 Waiver or reduction of requirements.
(1) Recognizing that there may be situations in which the height and location of hedges do not affect safety or the public welfare, it is provided that notwithstanding any provisions in this chapter to the contrary, where any of the hereinafter specified conditions exist, the owner or tenant of real property may request the appeal board of adjustment to waive or reduce the requirements of this chapter. Such appeal board of adjustment, upon determining that any provisions of this chapter shall be waived or reduced for any such applicant, may impose such restrictions as it deems necessary in view of the particular facts as represented by the owner or tenant, taking into consideration the prevention of fires, the public health and safety, and the surrounding neighborhood.
(2) The conditions under which the appeal board of adjustment may waive or reduce the requirements of this chapter are as follows:
(a) Where no alley open to public travel exists at the rear of the lot of the applicant; or
(b) Where the lot of the applicant is other than rectangular in shape; or
(c) Where the lot of the applicant has more than one front yard as shown by the official plat of the area within which such lot is located; or
(d) Where the distance from the nearest property line of a lot to the vehicular traveled portion of the abutting street is 15 feet or more and there is no pedestrian sidewalk within 10 feet of said property line; or
(e) Where irregular topography or unusual circumstances exist upon the lot of the applicant or the public street upon which the lot of the applicant abuts; or
(f) Where based upon the recommendation of the traffic engineer, police and fire departments, that no traffic hazard, hazard or public nuisance will exist. (Ord. 2715 § 1, 1999).
16.46.060 Nonconforming hedges declared public nuisance.
All existing hedges and new hedges and/or plantings hereafter grown in violation of the provisions of this chapter are public nuisances. (Ord. 2715 § 1, 1999).
16.46.070 Enforcement of chapter – Abatement of nuisance.
The provisions of this chapter shall be enforced in accordance with Chapter 1.33 LMC. (Ord. 3044 § 3, 2008; Ord. 2715 § 1, 1999).
16.46.080 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portions thereof. (Ord. 2715 § 1, 1999).