HomeMy WebLinkAboutOrdinance #1085,~
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~k1085
FA Route 689 (IL 9)
Section (27, 42, 43)RS-1
Fulton County
AN ORDINANCE REGULATING ENCROACHMENT
ON PUBLIC RIGHT-OF-WAY IN THE CITY OF CANTON
FULTON COUNTY, ILLINOIS
WHEREAS, the City of Canton, hereinafter known as the CITY, and the State
of Illinois, acting by and through its Department of Transportation, have entered
into a Letter of Understanding relative to the improvement of Linn Street from
Fifth Avenue eastward to the city limits; and
WHEREAS, in order to facilitate said improvement, it is necessary for the CITY
to adopt an ordinance regulating encroachment on the right-of-way for said improve-
ment in accordance with the following definitions:
Roadway Right-of-way is defined as 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;
Project Right-of-way is defined as those areas within the project right-of-
way lines established jointly by the CITY and STATE which will be free of
encroachments except as hereinafter defined;
Encroachment is defined as 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 where no project right.-of-way line has been
established.
Permissible Encroachment is defined as any existing awning, marquee, or sign
advertising activity on the property, 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 pedestrian traffic or 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;
Construction Easement Area is defined as the 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 operations; and
WHEREAS, representatives of the CITY and the STATE have, by visual inspection,
cooperatively established project right-of-way lines and have mutually determined
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FA Route 689 (IL 9)
Section (27, 42, 43)RS-1
Fulton County
the disposition of encroachments;
NOW, THEREFORE, BE IT ORDAINED, by the City of Canton, Fulton County, Illinois:
Section 1: 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.
Section 2: This ordinance 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 or
part of any ordinance unless in direct conflict therewith.
Section 3: Any person, firm, or corporation violating this ordinance shall be
fined not less than One Hundred Dollars ($100.00) nor more than
Five Hundred Dollars ($500..00) for each offense, and a separate
offense shall be deemed committed for each. and every day during
which. a violation continues or exists.
Section 4: That this Ordinance shall be in full force and effect ten (10) days
after its passage and approval and publication in pamphlet form as
provided by law.
Passed and approved this /~~~~' day of
~.~..~ , 1985 „
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~-~`'~_ ,
Donald E. Edwards, Mayor.
ATTEST:
,
Nancy ites City Clerk.
Publication Instructions
^ Do not publish
,l~ Publish in pamphlet form only
^ Publish in a general circulation newspaper
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City Att. Date