§ 24-115. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative approval process means a process by which the City's administration has the authorization to review and authorize certain encroachments as provided in this article. The Director of Public Works shall promulgate, maintain and enforce an administrative directive that establishes the purpose, policy, and procedures for the required review and approval processes for encroachments in the public right-of-way. The administrative directive will implement the encroachment type guideline for review and approval spreadsheet that identifies review, approval, and other requirements for encroachment authorization requests. The Director, or the Director's designee, shall maintain the spreadsheet on file with the appropriate revisions and amendments.

Building encroachment means the wall of any building; a porch, portico, marquee, balcony or cornice attached to a building; or other building encroachment that the Director of Public Works accepts as a similar fixture or attachment. The term includes projections, as defined in the Virginia Uniform Statewide Building Code, constructed in accordance with the specifications and general building limitations delineated in such Code, including the following defined projections:

(1)

Awning means a fixed, permanent or retractable fabric cover that is attached to the wall of a building and that usually projects over an entrance or window; and

(2)

Canopy means an awning supported by stanchions which are anchored to the ground.

In no event shall the term "building encroachment" include a fence, gate, shed, outbuilding or other structure which can be readily and easily removed from the street without affecting the building.

Council approval process means a process for certain encroachments that requires the City Council's approval through an adopted ordinance.

Discouraged encroachment means an encroachment type the City administration discourages due to reasons applicable to excessive or undesirable use, encumbrances, hampering, or interference of the area within the right-of-way, or to reasons applicable to aesthetics, public safety, or the City's current practices, policies, or regulations.

Encroachment means any portion of public street right-of-way, including areas below, on or above the surface, that is authorized under this chapter or taken without such authorization for use by an individual or concern and altered for a particular benefit. Encroachments shall include, but not be limited to, sidewalk crossings, in the form of driveways and carriage walks, areaways, coal chutes, loading doors, skylights, vents, oil fillers, utility service vaults, walls, signage, and awnings.

Encroachment type guideline for review and approval spreadsheet means the spreadsheet that serves as the guideline for required reviews and approvals for various encroachments. The Director of Public Works or the Director's designee shall maintain, revise or amend this spreadsheet as deemed necessary.

Existing unauthorized encroachment means an unauthorized encroachment, which is an unlawful use of streets, sidewalks or public ways, including areas below, on, or above the surface, that constitutes a nuisance and may be abated in any manner provided for by law, for which the applicant is seeking an encroachment approval. In order for an unauthorized encroachment to be considered an existing unauthorized encroachment, the owner of the encroachment must first provide acceptable record evidence to illustrate that the encroachment has been established and constructed and remained in the same location and condition and size for a minimum of five years.

New unauthorized encroachment means an unauthorized encroachment, which is an unlawful use of streets, sidewalks or public ways, including areas below, on, or above the surface, that constitutes a nuisance and may be abated in any manner provided for by law, for which the applicant is seeking an encroachment approval where the owner of the encroachment is unable to provide acceptable record evidence to illustrate that the encroachment has been established or constructed and remained in the same location and as originally constructed or last modified for a minimum of five years, or an unauthorized encroachment that the City administration deems to have been established or constructed for less than five years.

Owner means the person who holds legal title to a building or the land upon which it is situated, either or both.

Proposed encroachment means a new encroachment that has not been constructed and is not encroaching within the public right-of-way at the time of the request for authorization is submitted.

Virginia Uniform Statewide Building Code means the current State regulation promulgated by the Virginia Board of Housing and Community Development and based on a nationally recognized model building code.

(Code 1993, § 25-51; Code 2004, § 90-121; Ord. No. 2004-368-331, § 1, 12-13-2004)

Cross reference— Definitions generally, § 1-2.

(Code 1993, § 25-51; Code 2004, § 90-121; Ord. No. 2004-368-331, § 1, 12-13-2004)

Cross reference

Definitions generally, § 1-2.