§ 37-3. Permits for encroachments onto public streets, alleys, or drainage easements.

(a)

Permits allowing encroachments on public streets, alleys or drainage easements may be administratively approved by the director but are subject to approval of the underlying fee owner as otherwise provided by law. If an encroachment is specifically addressed in another section of this chapter, the more specific section applies. The director may process permit requests and may establish forms and procedures to carry out this section, but all permits must be reviewed and approved by the director, or designee, overseeing public rights-of-way if in a street or alley, or by the city floodplain administrator, or designee, if in a drainage easement. Permits under this section may be issued by the director without specific council action. Sidewalks are included in the eligible area for a permit provided that the sidewalk is within the area of a dedicated public street, alley or other public right-of-way.

(b)

Permits shall be issued for a period of ten (10) years, and may be renewed. The director may revoke a permit at any time should the director determine that use under a permit interferes with the city's use of the right-of-way or drainage easement. Permits may be granted only for:

(1)

Purposes permissible under V.T.C.A. Transportation Code ch. 316 or any successor statute thereto;

(2)

Fire escapes or other safety features; or

(3)

Balconies, awnings, or other interconnected walkways between buildings.

Permits may not be issued unless the director finds that:

(1)

The improvement or facility will not be located on, extend onto, or intrude on:

a.

The roadway, or

b.

A part of the sidewalk needed for pedestrian use.

(2)

The improvement or facility will not create a hazardous condition or obstruction of vehicular travel, pedestrian travel or drainage on the municipal street;

(3)

The improvement will not create private parking within the public right-of-way;

(4)

The improvement or facility will not conflict with the Americans with Disabilities Act; and

(5)

The design and location of the improvement or facility includes all reasonable planning to minimize potential injury or interference to the public in the use of the permitted area.

(c)

Permits are subject to the following limitations:

(1)

All permitted encroachments must allow for adequate clearances between the facility or improvement and utility lines. Clearances from structures to utility lines must comply with the nationally recognized building code adopted by the city and the National Electric Safety Code;

(2)

A permit holder must pay the costs to relocate a municipal or public utility facility or improvement in a municipal street associated with the installation of a facility or improvement of the permit holder if requested by the city or a utility agency; and

(3)

The city or a utility agency authorized by the municipality may remove, without liability, any part of a facility for which a permit has been issued if there is a public use, public utility use, or need to access the site.

(d)

Permits under this section may only be issued by the director without specific council action to:

(1)

A person who owns the underlying fee title to the real property;

(2)

An entity that holds a lease of the property from or has written permission to use the property from a person who owns the underlying fee title to the real property; or

(3)

Adjoining property owners where the city owns the fee underneath the street, alley or drainage area.

(e)

Any encroachment obstructing public passage, utility facilities, or other uses of public streets or alleys is ineligible for a permit. A permit may cover as many eligible encroachments as a building has, but a separate permit must be obtained for each building of a project. Where encroachments do not relate to a building, permits cover a radius of two hundred fifty (250) feet. Any encroachment not within a two-hundred fifty-foot radius of a permitted encroachment must obtain a separate permit.

(f)

Permits cannot be granted over the objection of the:

(1)

Historic preservation officer for areas zoned historic, historic district, river improvement overlay or Mission protection overlay;

(2)

The planning director for areas zoned "D" (downtown);

(3)

Director assigned oversight of the property where the encroachment will occur; or

(4)

The city manager;

except with council approval.

Each permit must be approved as to form by the city attorney's office.

(g)

The director may specify the construction, characteristics, quality, and placement of encroachments. The city council may require relocation or removal of an encroachment when appropriate for the efficient use of the public street or alley. The petitioner is responsible for the cost associated with relocation or removal.

(h)

Permits need state only:

(1)

The city's identity as the issuing authority;

(2)

The identity and address of the permittee;

(3)

A description of the affected city property;

(4)

The scope of the encroachment permitted;

(5)

The permit's duration, subject to revocation; and

(6)

Any special conditions imposed under subsection 37-3.

Permits must be signed on behalf of both the city and the petitioner and be in recordable form.

(i)

Property owners may install and maintain mail boxes conforming to U.S. Postal Service regulations without a permit under this chapter provided that the mail box shall not conflict with the Americans with Disabilities Act, interfere with pedestrian use of the sidewalk, or interfere with city or utility agency use of the right-of-way. Interference is determined at the sole discretion of the director as to city, and applicable local, state and federal laws as to utility agencies.

(j)

Permits issued after January 1, 2010, are not effective unless recorded in the real property records of the county in which the encroachment is located.

(Ord. No. 2016-04-07-0240 , § 2, 4-7-16)