[Adopted 4-23-1990 by Ord. No. 1990-5 (Ch. 228, Art. V, of
the 1995 Code)]
No person, corporation or other entity shall erect or maintain
any sign, canopy or any structure or portion thereof in such a manner
that the same extends upon or overhangs any street, alley or other
public right-of-way in the Township of Riverside.
[Added 12-17-2018 by Ord.
No. 2018-06]
A.
No person, corporation or other entity shall erect or maintain any
sign, canopy or any structure or portion thereof in such a manner
that the same extends upon or overhangs any street, alley or other
public right-of-way in the Township of Riverside.
B.
Basketball hoops. The intent of this article is to provide a mechanism
by which to permit basketball poles, backboards and hoops existing
as of March 1, 1994, to encroach on the Township right-of-way, provided
the adjoining property owner complies with the procedures and minimum
requirements set forth in this article.
(1)
Application for permit; fee.
(a)
Prior to the issuance of a permit, a written application therefore,
signed by the property owner, shall be filed with the Zoning Officer
upon forms prescribed by the city.
(b)
The form for application for a permit to maintain a basketball
pole, backboard and hoop on the Township right-of-way shall include
an affidavit to be sworn to by the property owner/applicant before
a notary public of this state. It shall set forth, at a minimum, the
following pertinent information:
[1]
The name of the property owner;
[2]
The address of the residential property for which the application
for the permit is made;
[3]
A sketch of the placement of the basketball pole, backboard
and hoop; and
[4]
An affidavit of the property owner acknowledging that if a permit
is granted in accordance with this article, the property owner agrees
to indemnify; hold harmless and defend the city, its trustees, elected
and appointed officials, agents, servants and employees from and against
any and all actions, claims, suits, causes of action, proceedings,
penalties, liabilities and judgments for damages, or equitable relief
of any nature whatsoever, sustained by the city, or any third party,
whatsoever, arising out of or in connection with the placement of,
existence of, or use of the basketball pole, backboard and hoop herein
permitted, for all costs, losses and expenses, including, but not
limited to, damages to persons or property, judgments and attorneys'
fees arising out of or in connection to the placement of, existence
of or use of the basketball pole, backboard and hoop permitted herein,
and that the property owner agrees to comply with all of the terms
and conditions set forth in this article.
(c)
All applications for permits shall be accompanied by the full
amount of the fees chargeable for the permit.
(d)
Upon receipt of a completed application by the city, the Zoning
Officer shall review the application and determine initially whether
or not the applicant's residential property satisfies the minimum
requirements set forth herein. If the minimum requirements are not
satisfied, the application will be returned to the applicant with
a letter stating that the application is being returned due to the
residential property not meeting the minimum requirements of this
article. If the minimum requirements are satisfied, the notification
and hearing requirements set forth in Subsection E below will be followed.
(e)
Immediately following receipt of notice from the Zoning Officer
that the application has not been returned to the applicant in accordance
with Subsection D above, the city, at the cost of the applicant, shall
cause an inspection of the applicant's residential property and the
location of the basketball pole, backboard and hoop.
(f)
Upon receipt of an application, the Zoning Officer, at the applicant's
expense, shall notify by certified mail, the surrounding property
owners located within 200 feet of the property, that an application
is pending for the issuance of a permit under this article. Notice
shall also be sent to all departments of the Township for review and
comment.
[1]
The notification shall set forth the name of the applicant,
the street address of the residential property for which the permit
is sought, and the location of the basketball pole, backboard and
hoop.
[2]
Following the notice, if any objections are received from any
of the surrounding residential property owners or from a Township
department objecting to the application, the Township Manager or a
designee shall evaluate the objections.
[3]
The Township shall presume all objections are objective and
valid and the burden shall be on the applicant to demonstrate sufficient
grounds for granting the permit.
[4]
In reviewing objections, the Township Manager or a designee
shall consider the effect of the use on existing and future dwellings
in the vicinity, the site, the traffic safety and the general health
and safety of the community.
[5]
In the event the applicant has satisfied his burden of proof
and the objections are found invalid, the Township shall continue
processing the application.
[6]
In the event the applicant has failed to satisfy the burden
of proof and valid objections do exist, the application shall be denied.
In which case the applicant shall be entitled to appeal the denial
to the Township Commission. Such appeal shall be made in writing within
10 days of notification that the application is denied. The decision
of the Township Commission shall be binding on the applicant.
(2)
Minimum requirements; guidelines.
(a)
An application for a permit under this article shall not be
granted for any residential property which:
(b)
An application for a permit under this article shall not be
granted for any residential property unless the property owner/applicant
agrees that within two years from the date the permit is issued the
following requirements will be fully complied with or the permit will
be revoked by the Township and the property owner/applicant will be
responsible for the removal of any portion of the basketball pole,
backboard and hoop which encroaches on Township property within 30
days of revocation.
[1]
Where the distance from the edge of the roadway pavement to
the closest edge of the basketball pole, backboard or hoop is located
less than four feet; and
[2]
Where the basketball pole, backboard and hoop is located less
than 100 feet from the center line of an intersecting street; provided,
however, that if a stop sign exists for the intersecting street, this
distance may be reduced to 75 feet; and
[3]
Where the face of the backboard is parallel with or at any angle
less than 45° to the center line of the road.
(3)
Duration of permit. The permit granted pursuant to this article shall
be valid for as long as the property owner/applicant owns the adjoining
property for which the permit was issued. The permit granted herein
is nontransferable and nonassignable.
(a)
Requirements to obtain a permit to maintain a basketball pole,
backboard and hoop on Township right-of-way.
[1]
Completed and signed permit application form.
[2]
A sketch of the placement of the basketball pole, backboard
and hoop.
[3]
Signed and notarized affidavit(s) of the property owner(s) where
basketball pole, backboard and hoop is located.
[4]
No-objections form signed by all surrounding property owners
located within 200 feet of the subject property.
[5]
Inspection report and photographs of the residential property
and the location of the basketball pole, backboard and hoop.
[6]
Permit fee in the amount of $32.28.
(b)
A permit may not be granted for the following reasons:
[1]
The residential property is located on an arterial or collector
street.
[2]
The distance from the edge of roadway pavement to the residential
property line is less than 14 feet.
[3]
The distance from the edge of roadway pavement to the closest
edge of the basketball pole, backboard or hoop is less than four feet.
[4]
The face of the backboard is parallel with or at any angle less
than 45° to the center line of the road.
[5]
The pole is located less than 100 feet (75 feet with stop sign)
from the center line of an intersecting street.
[6]
Concerns with pedestrian and vehicular traffic safety.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18]
