§ 12.08.100. Extent of encroachment.

No major or minor encroachment into the public right-of-way may be granted unless a minimum clear space of five and one-half feet remains open for public use in the sidewalk area. Such encroachment shall not materially interfere with public use of the sidewalk or endanger the public welfare and convenience during said public use. For the purposes of determining the clear space, poles, street light standards, traffic signal standards, parking meters, fire hydrants, official street trees, tree cutouts in the sidewalk, regulatory signs and other such objects (street hardware) may not be considered as part of the minimum horizontal clear space reserved for public use. Flowers may be planted in approved tree cutouts.

Bicycle racks and flagpole sockets may be placed in the area near a curb face if properly located and an encroachment permit is obtained. Phone booths, nonadvertising benches and bus shelters shall be placed in a location acceptable to the Director of Public Works. No other encroachments shall be allowed in any portion of the remaining sidewalk area except in that area adjacent to the building which remains after the minimum public use area and the area containing street hardware have been subtracted. In no event may a minor encroachment extend farther than two feet from the property line into the public right-of-way.

Major encroachments, except for structures below the walkway such as basement vaults and sidewalk elevators, and minor encroachments into the public right-of-way in the sidewalk area shall have a minimum height of twelve (12) inches and no portion shall project beyond the base projection of the encroachment unless at a height of eight feet or more above the sidewalk. There should be clear color differentiation between the sidewalk paving and objects placed or installed in the sidewalk area.

(Prior code § 6-1.61)