7002 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR MACON COUNTY, ILLINOIS

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� � � � / _ . ^�� � - ' ORDINANCE N0. rI j' � �� r,`�.`'�J \ �- , �• AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR . MACON COUNTY. ILLINOIS � WHEREAS,� the C3:ty of Decatur her.einafter known as the CITI' and the State of Illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an agreement relative to the improvement o£ the intersection of Pershing Road (F.A. Route 73, Illinois Route 121) and Main Street (F.A. Route 2, U.S. Route 51) and, . i1HHEREAS, in order to facilitate said improvement, it is necessary for the City to adopt an ordinance regulating encroachments on the right of way for said improvement in —' accordance with the following definitions: Roadway Right of Way is defined as those areas existing • ox 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; ' Proiect Right of Way is defined as 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 hereinafter defined: Encroachment is defined as any building, fence, sign or any other structur� or object of any kind (with the exception of utilities and public road signs) which is pla ced, • located or maintained in, on, under or over any portion of the project right of way or the roadway right of way t•ilzere no projec� ri�ht of way line has been established. Permiss�ble E�.craachment is defined as any exi�st�ng awninga marquee, advertisi.n,a�, sign or similar overhangi:�g structure supporte�C from a building immediately adjacen�: to th e 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 appZicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings;