For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION EASEMENT AREA. Area lying between the project right-of-way limits and the platted street limits within 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 lane and which does not impair the free and safe flow of pedestrian traffic and 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, state and the Federal Highway Administration which will be free of encroachments except as hereinafter 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.
(Ord. 93-52, passed 12-13-93)