§ 98-261. Encroachments on certain specified rights-of-way.

(a)

Definitions. For purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively:

(1)

Construction easement area means that 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.

(2)

Encroachment means any building, fence, sign, or any other structure or object of any kind, with the exception of utilities and public road signs, that 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.

(3)

Permissible encroachment means 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 that 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.

(4)

Project right-of-way means those areas within the project right-of-way lines established jointly by the city, state and the federal highway administration that will be free of encroachments except hereinafter defined.

(5)

Roadway right-of-way means 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)

Scope. The provisions of this section shall apply as follows:

(1)

Along the north and south side of U.S. Route 20, 100 feet from the centerline of the proposed improvement from the west to the east corporate limits of the city.

(2)

East Avenue from Logan Avenue to Belvidere Road (Bypass 20).

(3)

a.
On State Street between Locust Street and Logan Avenue.

b.

On State Street between Logan Avenue and a point approximately 350 feet south of Ninth Street.

c.

On Logan Avenue between State Street and Genoa Road.

d.

On FA Route 517, commonly known as E-By or E-Bypass within the city limits, including but not limited to such highway between Beloit Road and Genoa Road.

(c)

Prohibited generally. It shall be unlawful for any person to erect or cause to be erected, 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.

(Code 1982, § 94.70)