§ 151.31 PERMITS.

   (A)   An encroachment into a public right-of-way (ROW) is not allowed without an encroachment permit issued by the city.

   (B)   An encroachment permit shall not be granted when any of the following conditions are present:

      (1)   The city has a planned project to utilize the portion of the ROW in which the encroachment is proposed;

      (2)   The proposed encroachment would create an immediate sight distance obstruction at intersections, or, if in the case of flora, could reasonably grow into a sight distance obstruction or other obstruction;

      (3)   Utility lines near the proposed obstruction would render maintenance of the utility lines more difficult;

      (4)   The proposed encroachment would create a public nuisance;

      (5)   The proposed encroachment would create a safety hazard to motorists, bicyclists, or pedestrians; or

      (6)   The proposed encroachment would obstruct the maintenance of public roads, shoulders, and/or stormwater systems or otherwise increase the cost to maintain those city improvements.

(Ord. 315, passed 11-3-2015) Penalty, see § 10.99