(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 or the roadway 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 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 temporary easement during the time the easement is in effect.
(B) Prohibition of encroachments. 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 (hereinabove defined) 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) Right-of-way lines. Project right-of-way lines have been established as coincidental with the right-of- way lines.
(D) Conflicts. 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 unless in direct conflict herewith.
(1999 Code, § 71.107) (Ord. 1686, passed 4-4-1994) Penalty, see § 71.999
Cross-reference:
Streets and Sidewalks, see Ch. 98