For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
That area lying between the project right-of-way limits and
the platted street limits within which the Village, by concurrence
in the establishment of the project right-of-way lines, will permit
the state to enter to perform all necessary construction operations.
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.
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
confirmed by adjacent building.
Those areas within the project right-of-way lines established
jointly by the Village, state and the Federal Highway Administration
which will be free of encroachments except as hereinafter defined.
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.
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, except as provided in § 95-43, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.
[Amended 7-27-2016 by Ord. No. 16-16]
Project right-of-way lines may be established by the Board of
Trustees from time to time by ordinance.
[Amended 7-27-2016 by Ord. No. 16-16]
Revocable permits may be issued by the Board of Trustees for
the temporary retention of permissible encroachments as set forth
in the permit. The permit will include a description of the encroachment,
its location, and the property owner.
