To establish a process and set of standards that allows encroachments into the public right-of-way in order to:

(1)

Encourage investment in San Angelo and its Downtown by allowing businesses some limited use of the public right-of-way adjacent to their properties.

(2)

Provide an administrative option to allow minor encroachments to be approved in a shorter timeframe.

(3)

Ensure public safety by maintaining minimum construction and design standards in the public right-of-way.

(4)

Protect and enhance the streetscape in the City's District Overlay Zones, Historic Landmarks and Districts, and its other overlay districts.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)

(a)

Any person desiring to place or modify a structure, equipment, or other material on, above, or below a public right-of-way of the City of San Angelo, including but not limited to canopies and awnings, sidewalk furniture and surfacing, fencing, landscaping, parking, signs, lighting, fixtures, or other appurtenance, unless exempt, shall make an application to the Planning and Development Services Department for review and approval.

(b)

The Planning Director shall circulate an application to City departments and outside agencies as necessary to ensure compliance with applicable ordinances and statutes. All structural improvements shall be reviewed by the City Engineer, or designee.

(c)

Additional approvals may be required including a Certificate of Appropriateness for any encroachment within a historic district or attached to a historically designated building or landmark, and a district overlay approval if located in one of the City's district overlay zones.

(d)

Any building or structure located in the public right-of-way shall also require a permit from the Permits and Inspections Division as required.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)

The following exceptions do not require an encroachment application:

(1)

Encroachments that project a maximum of four inches between two feet and seven feet in height, and a maximum of six inches above seven feet in height within the public right-of-way.

(2)

Freestanding mailboxes not located within a sidewalk, other pedestrian path, vehicle parking or maneuvering area, or sight triangle.

(3)

Stand-alone trees with a vertical clearance of seven feet underneath their branches, and landscaping up to two feet in height, outside the Central Business District.

(4)

All projecting signs 16 square feet or less, consistent with the Sign Ordinance.

(5)

Encroachments already governed under a separate ordinance or process which may include but not be limited to signs, wireless communication facilities, utilities and utility poles, street and traffic-control signs or signals, temporary construction and barricades for public safety, and transit shelters.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)

(a)

The Planning Director and the City Engineer, or their respective designees, may review and approve, conditionally approve or disapprove applications for the following types of encroachments located in the Central Business District:

(1)

All awnings and canopies, unencumbered without support posts or screening;

(2)

All trees and landscaping;

(3)

Freestanding, movable signs less than six square feet;

(4)

Steps or ramps to comply with Texas Accessibility Standards;

(5)

Outdoor public art, with approval from the Public Art Commission, and previously authorized by City Council;

(6)

Sidewalk furniture and surfacing, lighting, fixtures, and other appurtenances not associated with a patio or dining area.

(b)

The Planning Director, or designee, and the City Engineer, or designee, may review and approve, conditionally approve or disapprove applications for all trees and landscaping outside the Central Business District.

(c)

An approval may require the applicant and/or adjacent property owner(s) to obtain a right-of- way license use agreement and/or an aerial easement, and certificate of insurance, as determined by the City Attorney.

(d)

The Planning Director or City Engineer may refer any application to the City Council for review and approval.

(e)

An applicant or designated representative may appeal a decision of the Planning Director and City Engineer made under this Section to City Council by filing a written, signed notice of appeal stating the grounds for appeal with the Planning Director within 30 days of the written decision.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)

(a)

City Council shall review applications for all other encroachments not otherwise authorized administratively under this article, including those referred by the Planning Director or City Engineer.

(b)

An approval may require the applicant and/or adjacent property owner(s) to obtain a right-of- way license use agreement and/or an aerial easement, and certificate of insurance, as determined by the City Attorney.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)

All encroachments including the exceptions shall adhere to the following minimum development standards to the satisfaction of the Planning Director, or designee, and the City Engineer, or designee:

(1)

Be incidental and accessory to a primary use located on an adjacent property.

(2)

Shall not be located adjacent to any designated fire lane, loading or unloading zone, or block ingress or egress to any facility or utility.

(3)

Maintain a minimum five-foot unobstructed sidewalk clearance.

(4)

Maintain a minimum 18 inches from back of curb, or three feet from the edge of pavement in the absence of a curb.

(5)

Maintain a minimum vertical clearance of:

(A)

Between two and nine feet adjacent to any 30-foot by 30-foot sight triangle at the intersection of two street property lines as defined in the Zoning Ordinance,

(B)

Between two and nine feet adjacent to any ten-foot by ten-foot sight triangle:

i.

Located at the intersection of an alley and a street

ii.

Located on either side of a driveway measured at a straight angle from where the driveway or alley entrance intersects with the edge of pavement or curb, excluding any flared approaches,

(C)

Notwithstanding (A) and (B) support posts with a maximum width of eight inches may encroach into the required sight triangles.

(6)

Maintain a minimum seven-foot vertical clearance for projecting signs, lights, and fixtures; and awnings and canopies except for support posts. Canopies and awnings shall be constructed of quality materials that meet the minimum flammability requirements adopted in the International Fire Code.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)

(a)

Revocation.

(1)

City Council reserves the right to revoke, in its sole discretion, any encroachment authorized under this article subject to the terms of any applicable written agreement or easement executed by the City.

(2)

The Planning Director and the City Engineer, or their designees, may temporarily prohibit encroachments excepted under section 12.10.003 or authorized under section 12.10.004 subject to the same right of appeal granted by section 12.10.004(e). Encroachments may be temporarily prohibited when such encroachments interfere with public construction or improvement projects, emergency management measures, or any other matter pertaining to the public health, safety, and welfare.

(Ord. No. 2021-053, § 1(Exh. A), 4-20-21)