14.42.020 Encroachment permit.
(1) It is the responsibility of the person who erects, constructs, or maintains signs, structures, or other property and improvements on the city right-of-way to obtain an encroachment permit.
(2) The encroachment permit may be granted at the discretion of the community development director and public works director, who shall consider the permit based on the following review criteria:
(a) The encroachment does not impact public use.
(b) The proposed structure/improvement does not obstruct traffic or create safety hazards.
(c) The proposed structure does not conflict with future city improvement plans and/or can be removed when the city needs to use the right-of-way.
(d) The use is appropriate at the proposed location.
(3) The community development director and public works director may impose limitations and restrictions such as size, location, type of improvement, duration of the permit, or other limitations.
(4) The permit may be revoked and improvements required to be removed at no cost to the city when the right-of-way is to be improved or used for public purposes including but not limited to road widening, utilities, signage, and for maintenance of sight triangle clearance.
(5) Any structure existing as of June 1, 2010, that is located within the city right-of-way shall be made to conform with the provisions of this chapter and obtain an encroachment permit or be removed within six years except:
(a) When an existing structure is located in a right-of-way scheduled for improvement in the 2010 CIP, it shall be removed, or granted a limited-term encroachment permit based on the schedule of the planned improvement.
(b) When an existing structure is located in a new right-of-way dedicated to the city as part of a development proposal, it shall be removed or made to conform to the provisions of this chapter upon acceptance of the right-of-way by the city.
(c) When an existing structure is deemed to create a safety hazard, it shall be removed.
(6) Temporary Sign Encroachment. A temporary sign encroachment permit may be issued for temporary use of the public right-of-way for banners and similar community and special event signage subject to the review criteria in subsection (2) of this section. Fees shall be as adopted in SMC 3.30.070. (Ord. 1315 § 3, 2012; Ord. 1271 § 1, 2010).