(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION EASEMENT AREA. Area lying between the project right-of-way limits and the platted street limits within which the village, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.
ENCROACHMENT. 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.
(a) Any existing awning, marquee, advertising sign, 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 lane and which does not impair the free and safe flow of pedestrian traffic and traffic on the highway.
(b) 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. Those areas within the project right-of-way lines established jointly by the village, state, and the Federal Highway Administration which will be free of encroachments except as hereinafter defined.
ROADWAY RIGHT-OF-WAY. Those 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) 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, 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) 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.
(D) This section shall be published 1 time within 10 days after its passage in a newspaper having a general circulation in the Village of Diamond, Illinois, and shall be in full force and effect after its passage, publication, and approval as provided by law.
(Ord. 1993-20, passed 12-14-1993) Penalty, see § 92.99