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~~\iJINANCE NO.2 0 0 ~~ 1 7 . AN ORDINANCE TO AMEND CHAPTER 32 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 32-8 THEREOF PERTAINING TO SIDEWALK SIGNS IN THE DOWNTOWN D.l PUBLIC RIGHT OF WAY. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1, That Section 32-8 of the Code of the City of Portsmouth, Virginia be amended and reordained to read 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: . Owner: The person who holds legal title to a building or the land upon which it is situated, either or both. 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 to public use and travel. Encroachment: A foundation, awning, fire escape, shutter, sign, cornice, 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, 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, An application for an existing encroachment shall be accompanied by a physical survey of the property showing the location of the encroachment. 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, An application for a new encroachment shall not be approved until after review by the traffic engineer, the department of planning and community services, the law department, and the city engineer, plus any other review deemed appropriate by the city manager. (2) (3) .