ARTICLE 18: BUILDING MOVING

§ 9-5.1801 PLANNING COMMISSION APPROVAL.

   (A)   Planning Commission approval shall be obtained prior to the moving of any building into or within the city.

   (B)   An application for approval of a building move may be filed with the Planning Commission after the building has been approved by the Building Inspector. Such application shall be accompanied by an affidavit or statement and appropriate fees which shall include the requirements for submittal of a use permit application.

(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

Cross-reference:

   Building moving, see §§ 8-7.101 et seq.

§ 9-5.1802 ACTION BY THE PLANNING COMMISSION.

   The Planning Commission shall hold a public hearing on the requested building move as set forth in this chapter for a use permit.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.1803 APPROVAL FINDINGS.

   The application may be approved if the Planning Commission finds that:

   (A)   Upon completion, the structure will be in architectural harmony with other improvements on properties in the vicinity;

   (B)   The exterior design and appearance of the structure is not of an inferior quality such as to cause the nature of the neighborhood to depreciate in appearance or value, or both;

   (C)   The building materials and the workmanship are of a quality equal to other structures in the vicinity;

   (D)   The structure will be finished and the property landscaped in a manner which will not make the surrounding properties less desirable; and

   (E)   The applicant agrees to comply with such terms and conditions as may be imposed by the Building Inspector or the Planning Commission, including, but not limited to, the requirements of such changes, alterations, additions, and repairs with respect to the building to be moved as is deemed necessary to preserve the public health, safety, and welfare and to guard against any detrimental or injurious effect to property in the area to which the building is to be moved.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.1804 DENIAL.

   The application may be denied if the Planning Commission finds that the building to be moved is either:

   (A)   So constructed or in such condition as to be dangerous;

   (B)   Infested with pests or is unsanitary;

   (C)   So dilapidated, defective, unsightly, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreci-able harm or be materially detrimental to the property or improvements in the district within a radius of 300 feet from the proposed site; or

   (D)   If the proposed use is prohibited by the zoning laws of the city; or

   (E)   If the building, in the judgement of the Building Inspector, would need impracticable repairs; or

   (F)   If the Planning Commission makes a negative finding on any of the matters set forth in § 9-5.1803 of this article.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.1805 ACTION FOLLOWING PLANNING COMMISSION ACTION.

   If the Planning Commission approves the appli-cation, the Commission shall return the application to the Building Inspector and shall notify the applicant. If the Planning Commission denies the application, the applicant may appeal the decision to the City Council as prescribed in this chapter for a use permit.

(Ord. 897-C-S, passed 10-25-94)

ARTICLE 19: NOISE ATTENUATION REQUIREMENTS