(A) Definitions:
CONSTRUCTION EASEMENT AREA: The area lying between the project right of way limits and the platted street limits within which the city, by concurrence in the establishment of the project right of way lines, will permit the state to enter to perform all necessary construction operations.
ENCROACH- MENT: Any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of way line has been established.
PERMISSIBLE ENCROACHMENT: Any existing awning, marquee or sign advertising activity on the property or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway, the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings.
PROJECT RIGHT OF WAY: Areas within the project right of way lines established jointly by the city and state which will be free of encroachments except as herein defined.
ROADWAY RIGHT OF WAY: Areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.
(B) Unlawful To Erect And Retain: It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any "encroachment" as defined in this section, within the limits of the project right of way or roadway right of way where no project right of way lines have been established.
(C) Addition To Regulations: This section is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. (Ord. 899, 10-20-1981)