With respect to all property and improvements located on South Dakota Highway 32 from the Big Sioux River east to the Junction with South Dakota Highway 13, the following rules and limitations regarding encroachments on the public right-of-way shall be complied with.
(A) All encroachments on or above the right-of-way shall be prohibited.
(B) The use of the right-of-way by owners or leases of abutting property for the storage of vehicles, placement of portable signs, or other private use thereof shall be prohibited.
(C) Where the highway passes through established business districts and the buildings are at the property line and are continuous or very closely spaced, encroachments overhanging the right-of-way will be prohibited except under the following conditions.
(1) Awnings, canopies, marquees, and similar installations on building shall be permitted to remain in place until such time that they become functionally or structurally obsolete provided that the edge of such encroachment be not less than one meter back from the face of the curb.
(2) Advertising or similar signs which are less than one meter back from the face of the curb and are supported wholly from the front of the building shall be permitted to remain in place until such time that they become functionally or structurally obsolete provided that the bottom of such encroachment be not less than four and one-half meters, approximately 14.5 feet, above the curb elevation.
(3) The replacement of obsolete or the installation of new awnings, canopies, marquees, advertising signs, or similar installations supported wholly from the building shall be permitted provided that no part of the encroachment is less than one meter back from the face of the curb and two and one-half meters, approximately eight feet, above the curb elevation.
(4) In the event the encroachments referred to in divisions (C)(1), (C)(2), and (C)(3) above by reason of color or placement or obscures or in any way detracts from the effectiveness of the highway signs, traffic signals, pedestrian safety, or interferes with the free or safe flow of traffic, the city may cause the removal of such encroachments or take appropriate measures to improve highway signs or traffic signals and traffic safety.
(5) The provisions of divisions (C)(1) through (C)(4) above shall not apply to isolated businesses or commercial buildings in outlying areas.
(6) In cases where there are encroachments of long standing which will in no way impair the highway operation or interfere with the free and safe flow of traffic and, in the opinion of the state’s Transportation Commission, the immediate removal would impose unreasonable hardship, the state’s Transportation Commission may, at its discretion, permit the encroachment to remain for a specific period. The permission is subject to revocation or extension at the Commission’s discretion. On federal aid projects, the permitting of such encroachments, as described herein, shall be in conformance with 23 C.F.R. § 1.23.
(D) No access to the street/highway at points other than constructed as part of the highway project will be permitted without prior approval of the Department of Transportation or their authorized representatives.
(Ord. passed - - 2006)