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City of Providence
City of Providence Zoning Ordinance
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§ 1914

PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT

1914 PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT

  • A. Purpose Any structure, fixture, excavation, obstruction, or encroachment erected or maintained over, onto, or under any public right-of-way requires a public right-of-way encroachment permit.

  • B. Initiation A property owner, or person expressly authorized in writing by the property owner, may initiate an application for a public right-of-way encroachment permit.

  • C. Authority The Director of Public Works will review and make final decisions on public right-of-way encroachment permits.

  • D. Procedure Within a reasonable time following receipt of a complete application, the Director of Public Works will review the application and approve the permit if he or she finds that the encroachment will not impair the public health, safety, or welfare, and if the encroachment is proposed to be supported by the ground within the public right-of-way, that it does not have an adverse impact on pedestrian or wheelchair access. All encroachments shall conform to the applicable building code and this Ordinance as certified by the Director of the Department of Inspection and Standards.

  • E. Encroachment Permissions Two types of encroachment into the right-of-way are permitted by this Ordinance: encroachment not for habitation and encroachment for habitation. The regulations for such encroachments are found in Section 1303.

  • F. Additional Encroachments All encroachments not described in Section 1303 require an easement to be granted at the sole discretion of the City Council.