As used in this article:
CONSTRUCTION EASEMENT AREA
The area lying between the project right-of-way limits and
the platted street limits within which the Village, by concurrence
in the establishment of the project right-of-way lines, will permit
the state to enter to perform all necessary construction operations.
ENCROACHMENT
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 or the roadway right-of-way where
no project right-of-way line has been established.
PERMISSIBLE ENCROACHMENT
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.
PROJECT RIGHT-OF-WAY
Those areas within the project right-of-way lines established
jointly by the Village and that State of Illinois, which will be free
of encroachments except as hereinafter defined.
ROADWAY RIGHT-OF-WAY
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.
It is unlawful for any person, firm or corporation to erect
or cause to be erected, to retain or cause to be retained, any encroachment
(defined in Section 12.16.010), except as provided in Section 12.16.040, within the limits of the project right-of-way or roadway
right-of-way where no project right-of-way lines have been established.
Project right-of-way lines may be established by resolution
of the Village Board of Trustees from time to time.
The Village Board of Trustees may issue revocable permits for
the temporary retention of permissible encroachments, as defined above.
This chapter 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.
Any person, firm or corporation violating this article shall
be fined not less than $50 nor more than $100 for each offense, and
a separate offense shall be deemed committed for each and every day
during which a violation continues or exists.