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A. Permits Required for Encroachment; Exemptions.

1. Permits Required. It shall be unlawful for any person to do any of the following without first obtaining a encroachment permit from the Public Works Director:

a. Erect or cause to be erected any structure, retaining wall, or fence in a public right-of-way, public easement, or public property, or

b. Place or maintain any landscaping materials or any type of fill in, over or upon any dedicated public right-of-way, public easement or public property.

2. Specific Exemptions. Certain encroachments are exempt from the permit requirement of AMC 13.02.020. Exempt encroachments are those which would have a minor impact on the present or planned use of the public right-of-way, public easement or public property and those which are expressly exempted herein. The following encroachments are exempt encroachments as long as they do not create a vision clearance hazard as defined in AMC 18.68.020:

a. Mailboxes and their enclosing structures,

b. Temporary signs and banners permitted by the Sign Code (AMC 18.96),

c. Guard/handrails along edges of driveway approaches, walks, stairs, etc. that encroach in public right-of-way, and

d. Lawns, plants and approved street trees encroaching in public right-of-way that do not obstruct visibility for pedestrians, bicyclists and motorists.

3. Additional Exemptions. The Public Works Director may grant additional exemptions as long as the encroachment does not create a vision clearance hazard as defined in AMC 18.68.020.

B. Application and Fee Required.

1. Any person desiring to locate or maintain an encroachment shall submit an application to the Director of Public Works. The application shall include a description of the proposed encroachment and a scale drawing illustrating the nature and extent of the proposed encroachment and its relationship to adjoining properties. If the applicant is not the owner of the property that will be benefitted by the encroachment, the owner of the benefitted property shall also sign the application as a co-applicant. The Public Works Director may require an actual survey to determine the exact location of any public or private improvements that will be encroaching in the right-of-way.

2. A fee in the amount established by resolution of the City Council shall be paid at the time of the application.

C. Review of Application. The Public Works Director shall conduct a review of the application for an encroachment permit to determine its compliance with the standards in AMC 13.02.060, and the Public Works Director shall request comments from affected City departments, utility companies and agencies regarding the impact of the proposed encroachment. (Ord. 3040, added, 11/16/2010; Ord. 3028, amended, 08/03/2010; Ord. 3009, amended, 04/20/2010)