Avondale, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 21-48(a) defines a 'minor encroachment' eligible for a revocable right-of-way permit as underground facilities no more than two feet across, plus easily removable surface or aerial uses such as fences, surface parking, awnings, overhangs, aerial cables, poles, bus shelters, or small temporary structures without foundations. Subsection (b) bars using this permit where state law or the City Charter instead requires a franchise or license. Subsection (c) attaches seven stipulations: the encroachment cannot violate zoning intent, cannot violate other City Codes absent a variance, applies only where the right-of-way has already been dedicated to the public, cannot conflict with existing or planned right-of-way uses, must stay clear of any right-of-way slated for federal funding, is subject to further conditions the city engineer sets, and is documented in a written permit kept on file with the engineering department.

Section 21-49 requires an application fee set by city council resolution or the annual budget, plus an annual use fee for every permit except those held by government agencies, private sewer lines, or minor building-facade treatments. Section 21-50 makes nonpayment of the annual use fee grounds for automatic termination of the permit. Under Section 21-48(g), the city engineer may revoke any revocable right-of-way permit at any time in the engineer's discretion, though the permittee may appeal that revocation to the city manager or designee.