(A) Definitions. For the purpose of this section, 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 which the city, 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 where no project right-of-way line has been established.
PERMISSIBLE ENCROACHMENT. 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 line and which does not impair the free and safe flow of traffic on the highway, 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 city and state, which will be free of encroachments except as defined in this section.
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.
(1978 Code, § 12.20.010)
(B) Erection unlawful. It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, or 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.
(1978 Code, § 12.20.020)
(C) Project right-of-way lines established. Project right-of-way lines have been established as being two feet behind the curb where curb exists and as being coincidental with the right-of-way lines where no curb exists.
(1978 Code, § 12.20.030)
(Ord. 582, passed - -1984) Penalty, see § 91.999