(A) It shall be unlawful for any person to build or erect any porch, step, platform, wall, fence, column, footing or other like obstruction upon or under any sidewalk, street or alley within the town; provided, however, that in the restoration, reconstruction or addition to buildings of an historical nature or where no building setback lines are required by the zoning ordinance of the town, it shall be permissible, upon the approval of the Board of Commissioners, to make such restoration, reconstruction or addition to encroach upon or under a sidewalk. As a condition precedent to the Board of Commissioners’ issuance of any permit for such encroachment, the following requirements shall be met:
(1) The building to be restored, reconstructed or added upon shall be located in an existing or proposed local historic district.
(2) The right-of-way of the street upon which any such building abuts shall be at least 45 feet wide.
(3) The encroachment shall not extend over or upon a sidewalk, including the street curbing, for a distance of greater than four feet or for more than one-third of the sidewalk width, whichever is less, nor shall the encroachment extend under a sidewalk for a distance of greater than four feet.
(4) Prior to the submittal to the Board of Commissioners, detailed plans must be submitted and approved by the Department of Public Works.
(B) Such encroachment upon or under any sidewalk shall constitute the owner’s agreement to protect and hold the town harmless against any and all liability, cost, damage or expense suffered or sustained by the towny as a result of or growing out of the encroachment upon or under such sidewalk.
(Ord. 14-4, passed 10-9-2014)