For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION EASEMENT AREA. The area lying between the project right-of-way limits and the platted street limits within the city, which 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 (excluding certain signs located over sidewalks) 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 no sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic or traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported by 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 city and the state which will be free of encroachments except as herein defined.
ROADWAY RIGHT-OF-WAY. Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by permanent easement and temporary easement during the time the easement is in effect.
(Ord. 391-C, passed 12-17-79; Am. Ord. 665, passed 3-22-04)