The building commissioner shall not issue any permit authorizing the construction, erection, repair, or alteration of any building or structure unless the drawings and plans submitted for his approval clearly show that such building or structure with all its appurtenances, foundations, and parts, including, if applicable, any commercial refuse and recyclable material container space required under Section7-28-220" destination-id="JD_7-28-220">7-28-220, can be erected entirely within the limits of the lot or tract of land upon which it is proposed to erect such building or structure, unless such structure is a city digital sign, and except as otherwise provided by this Code, and no permit to erect, repair or alter any building or structure shall authorize the use of, or encroachment upon, any part of any public way of public place for the construction of, or maintenance of, such building or structure, unless such structure is a city digital sign, and except as hereinafter provided, and except as otherwise provided by this Code; nor shall any permit be issued for the construction or maintenance of any balcony or canopy extending over any public way or public place unless permits therefor have been obtained from the department of transportation pursuant to a special ordinance specifically authorizing the same. The drawings and plans of every building or structure which show that any part of said building or structure, or any of its appurtenances, or attachments thereto, extend over any part of any public way or public place than as hereinafter provided shall, previous to being submitted to the building commissioner be submitted to the building commissioner and notice thereby given to him of the proposed encroachment upon any public way or public place. Proof of such notice to the building commissioner shall accompany drawings and plans when they are presented to the building commissioner.
(Prior code § 45-6; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-4-02, p. 99026, § 2.12; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 2-9-11, p. 112120, § 3; Amend Coun. J. 12-12-12, p. 44485, § 8)