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Sections 13.04.100 and 13.04.150 shall not apply to those encroachments which:

A. Are the recognized legally created or legally necessary means of access from the affected parcel of real property to a public street; or,

B. Are authorized by written agreement made by and between the city and an owner of real property as an incident to the purchase or acquisition of such real property by the city; or

C. Are authorized by a valid, uncancelled permit granted as provided in this chapter, or

D. Are authorized by a development approval granted by the city pursuant to the zoning ordinance or subdivision ordinance as codified in Title 20, or other ordinance of the city.

Any person who is maintaining any encroachment as defined in Sections 13.04.100, 13.04.105 and 13.04.030 on the effective date of this section or Section 13.04.100, or 13.04.105 without specific approval as provided in this section shall apply for an encroachment permit therefor within ninety days of said effective dates; provided, that no permit fee shall be levied if application is made within that time. Such person shall be subject to all the obligations and requirements of any other permittee under this chapter; provided, however, that the superintendent of streets may, in his sound discretion, provide for a period greater than thirty days should abatement of any existing encroachment be necessary, regardless of the provisions of Section 13.04.150.

(Ord. 1366 NCS §2, 1979; Ord. 1209 NCS §3 (part), 1976.)