Number
091615
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to encroachments, projections and special privileges.
Sections
115-32-2 rc
115-40 rp
245-1-5 cr
245-1-6 cr
245-4 rc
245-4.5 rc
245-4.6 rp
245-6 rc
245-6.5 rp
245-7 rc
245-8 rp
245-9 rp
245-10-1 am
245-10-7 am
245-10-8 cr
245-10-9 cr
245-11 am
Analysis
This ordinance revises and clarifies ch. 245 relating to the permissibility of various encroachments, projections and special privileges into the public right-of-way. These changes include:
1. Codifying that, regardless of the special privilege granted, a minimum clear sidewalk path of 5 feet must be maintained at all times.
2. Updating those projections and encroachments allowable without a special privilege.
3. Merging provisions on residential fences and retaining walls into a broader category encompassing all encroachments allowable for both one and 2-family residential properties.
4. Revising regulations pertaining to movable awnings.
5. Combining and condensing rules on stationary fabric awnings, other fixed awnings and canopies.
6. Amending marquee regulations to include hoods.
7. Clarifying provisions relating to the removal of obstructions from the public way upon written notice of the commissioner of public works.
Body
Whereas, One- and 2-family buildings are treated separately from other types of buildings by chs. 20 to 25, Wis. Adm. Code, and by ch. 240 of the Code of Ordinances; and
Whereas, Hundreds, if not thousands, of existing one- and 2-family residences have existing encroachments in the public right-of-way, such as steps, fences and retaining walls that have been present without enforcement and, in particular, without requirement of special privileges; and
Whereas, The administrative burden of enforcing the special privilege requirements for one- and 2-family residences would be excessive; and
Whereas, Residential buildings with 3 or more units are typicall...
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