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1999- 34 AN ORDINANCE TO AMEND AND REORDAIN SECTION 32-8 OF THE CODE OF THE CITY OF PORTSMOUTH, DEALING WITH ENCROACHMENT PERMITS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: That Section 32-8 of the Code of the City of Portsmouth, Virginia (1988), be and hereby is amended and reordained as follows: Sec. 32-8. Street encroachments generally. (a) Definitions. The following words when used in this section shall, for the purpose of this section, have the meanings respectively ascribed to them: (1) Owner: The person who holds legal title to a building or the land upon which it is situated, either or both. (2) Street: Every public way or place of whatever nature in the City including a street, alley, right-of-way, road or highway, whether or not actually or physically opened m public use and travel. (3) Encroachment: A foundation, awning, fire escape, shutter, sign, cormce, gutter, downspout, bay window, fence or other appurtenance to a building existing or to be constructed in, upon or over the streets of the City. (4) City Manager: the City Manager or his designee. (b) Existing encroachments. Every encroachment existing prior to August 24, 1976 is presumed to have been constructed under authority of a revocable permit, which may be revoked at the pleasure of the City Manager. (c) Encroachment permits. An application for a permit either for construction of a new encroachment or for authorization of an existing encroachment (an "encroachment permit") shall be made as follows: (1) The owner of the property requesting the encroachment permit shall submit a written application. The application shall explain the need for the encroachment, and set forth its design and materials. (2) An application for an existing encroachmem shall be accompanied by a physical survey of the property showing the location of the encroachment. (3) An application for a new encroachment shall be accompanied by a site plan prepared by a professional engineer showing the proposed encroachment and all relevant physical features, boundaries, utilities, and distances.