Chapter 15.28
ENCROACHMENTS
Sections:
15.28.010 Temporary use of streets during construction.
15.28.020 Projection of building or accessory over public way.
15.28.030 Metal lamp brackets--Clocks.
15.28.040 Basement spaces under public sidewalks.
15.28.010 Temporary use of streets during construction.
A. No building materials shall be placed on the streets or sidewalks except as provided herein. Building material required for use immediately or in connection with the construction of a building may be placed on the street or sidewalk in front of the building in the course of construction or alteration, provided that the person placing the building materials shall agree in writing to indemnify and save the county and the city of Evansville harmless from any and all claims or demands arising or growing out thereof. The maximum width of the occupied space shall not exceed one-third the width of the street, measured between curbs, and in no case shall the space within five feet of the nearest rail of any railway tracks be occupied for building materials. The sidewalk space may be occupied for building construction purposes, provided that the owner or his agent constructs a temporary sidewalk not less than five feet in width in the outer portion of the permissible occupied space, and the temporary sidewalk shall be protected on the building side by a tight fence of not less than eight feet in height.
B. When the proposed building exceeds a height of two stories in any part of the county or the city of Evansville, the owner or his agent shall construct, before any building is commenced, a temporary covered walkway not less than five feet wide of sufficient strength to protect the public from falling materials during construction. The covered walkway shall remain in place until the completion of all of the exterior portions of the building. When the area occupied by the sidewalk or temporary walkway is to be excavated, the walk shall be made of boards not less than two inches thick designed to support a load of not less than one hundred fifty (150) pounds per square foot, provided with suitable ramps at each end, and with hand rails on each side. The roof over the walkway shall be the full width of the walkway and of not less than two layers of one-inch boards with joints broken, and shall be placed not less than ten (10) feet above the temporary walkway. Whenever the roof is used for the storage of materials, a railing and footboard shall be so installed as to prevent the materials from falling into the street.
C. Building materials may be placed in front of the property adjoining a building site under the same conditions as provided for the occupation of the street immediately in front of the building site as set out in subsection A of this section, provided that the written consent and waiver of claim for damages against the county and the city of Evansville is obtained from the owner of the adjoining property, and filed in the office of the joint department of building commissioners.
D. No building material, fence, shed, or any obstruction of any kind shall be placed so as to obstruct free approach to any fire hydrant, lamp- posts, manhole, fire alarm box, or catch basin, or so as to interfere with the passage of water in the gutter.
E. Mortar or concrete may be prepared in the space permitted for storage of building materials, but the preparation shall be done in a mechanical mixer, in a tight box, or on a tight mixing board in such a manner that dripping or splashing is prevented. Pavements shall be well cleaned of all building materials at the completion of the construction of a building.
F. The covered walkway shall be kept well-lighted continuously between sunset and sunrise and the outer edge of the occupied space of the street or sidewalk shall have placed thereon red lights which shall be kept burning continuously between sunset and sunrise. The street side of any barricade or fence and handrails and sidewalks shall be kept reasonably smooth and in good repair while construction work is in progress or while the barricades, fences, or walkways are placed on or over public property.
(Prior code § 150.055)
15.28.020 Projection of building or accessory over public way.
1) Except as provided in subpart 2 of this section, no portion of any building nor any accessory thereto shall project over the public street, sidewalk or alley, without first having obtained an encroachment permit from the Board of County Commissioners, and shall meet the requirement of the Indiana Building Code.
2) The installation of small cell facilities, as defined by I.C. §8-1-32.3-9, may be approved by the County Engineer at the Site Review Committee, providing the installation meets all other requirements of the district in which it is located and the Indiana Building Code. Any interested party may appeal the decision of the County Engineer concerning a small cell facility to the County Commissioners by delivering to the office of the County Commissioners, within thirty (30) days of the decision by the County Engineer, written notice of appeal filed with an Agenda Request form.
(Ord. 03-19-004 § 1, amended 3-12-2019; Ord. dated 4/11/94 § 8: prior code § 150.056)
15.28.030 Metal lamp brackets--Clocks.
A. Metal lamp brackets for ornamental lights shall not project more than two feet over public sidewalks, eight feet and six inches or more above the sidewalk level. The brackets shall not project more than two feet into alleys if fifteen (15) feet or more above the alley grade, provided that the lamps shall not interfere with the functioning of traffic signals. All locations shall be first approved by the joint department of building commissioners.
B. Clocks, when entirely of metal and glass construction and supported on metal brackets, shall not project more than four feet over sidewalks or alleys if twelve (12) feet or more above the sidewalk level or fifteen (15) feet above the alley level, provided that the clocks do not interfere with the functioning of traffic signals. All locations shall be first approved by the joint department of building commissioners.
(Prior code § 150.057)
15.28.040 Basement spaces under public sidewalks.
A. Detailed plans for the construction of areaways, coal chutes, sidewalk elevators, and other additional basement spaces extending under public sidewalks shall be submitted to and approved by the joint department of building commissioners or the Evansville board of public safety before a building permit shall be issued by the joint department of building commissioners. No open areaway shall be constructed upon public property and all areas adjacent to public property shall be securely guarded with substantial metal rails.
B. All areaways, coal chutes, sidewalk elevators, and other additional basement spaces extending under public sidewalks shall be surrounded by masonry or concrete retaining walls of ample strength to resist the earth pressure and shall be covered with a fireproof floor having a safe live load capacity of not less then two hundred fifty (250) pounds per square foot. The upper surface of the floor or sidewalk shall be level with the established sidewalk grade and the surface around sidewalk lights and metal doors shall be made slipproof by troweling at least two pounds of approved abrasive material in each square foot of concrete surface or by other equally effective methods.
C. All access doors in the sidewalks shall be of iron or steel with roughened surfaces and shall have flush hinges. All doors shall be designed for a live load of two hundred fifty (250) pounds per square foot and shall have adequate guard rails at open ends when the doors are open for use. No covered spaces below sidewalks shall be constructed as to interfere with the pipes, sewers, wires, or conduits of the county or of the city of Evansville or of any public service corporation.
(Prior code § 150.058)
15.28.050 Encroachments.
A. No person shall make or continue, or cause to be made or continued, any cellar, door, window, or areas, or shall dig or construct, or cause to be dug or constructed, any area or entrance thereto, around any cellar or basement story of any building so that it shall extend into the line of any street, alley, or public space, without first presenting a petition in detail and drawing to the board of county commissioners and obtaining its approval and thereafter obtaining the approval of and a permit from the department of buildings. An encroachment shall be approved only if said encroachment does not duly interfere with pedestrian or vehicular traffic or present a danger to any person. Any person maintaining an encroachment upon any street, public sidewalk, or right-of-way by maintaining or applying for such encroachment does hereby agree to indemnify and hold harmless the county of Vanderburgh, its agents and employees, from any injury to person or property or death of any person from the placement or maintenance of such encroachment.
B. No covered space below a sidewalk shall be dug or constructed so that the outer face of the wall shall extend beyond a point at least four feet from the curb line of any street, provided that no cellar, door, window, area or covered space below sidewalk, shall be dug or constructed or caused to be dug or constructed around any cellar or basement story of any building so that it shall extend beneath or into the line of any street, area, or public place which has been widened or acquired by the city of Evansville, the county, or by any other subdivision of any public agency.
(Ord. dated 4/11/94 § 9; prior code § 150.059)