§ 22-17. Encroachments on or under street or sidewalk.

It shall be unlawful for any person to build or erect any porch, step, platform, wall, fence, column, footing or other like obstruction upon or under any sidewalk, street or alley within the city; provided, however, that in the restoration, reconstruction or addition to buildings of a historical nature, in the primary fire district within the city, where no building setback lines are required by the zoning ordinance of the city, it shall be permissible, upon approval of the city council, to make such restoration, reconstruction or addition to encroach upon or under a sidewalk. As a condition precedent to the city council's issuance of any permit for such encroachment, the following requirements shall be met:

(1)

The building to be restored, reconstructed or added upon shall be at least fifteen (15) years old and located in a historic district.

(2)

The right-of-way of the street upon which any such building abuts shall be at least forty-five (45) feet wide.

(3)

The encroachment shall not extend over or upon a sidewalk, including the street curbing, for a distance of greater than four (4) feet or for more than one-third of the sidewalk width, whichever is less, nor shall the encroachment extend under a sidewalk for a distance of greater than four (4) feet.

(4)

[ Reserved. ]

Such encroachment upon or under any sidewalk shall constitute the owner's agreement to protect and hold the city harmless against any and all liability, cost, damage or expense suffered or sustained by the city as a result of or growing out of the encroachment upon or under such sidewalk.

(Code 1977, § 24-15; Ord. No. 1995-40, § 1, 9-19-95)

Cross reference

Zoning, App. B.