(a) Standards for Permit Issuance. The Zoning Administrator shall refuse to issue a permit if he finds that:
(1) Any application requirement or any fee or deposit requirement has not been complied with;
(2) The building is too large to move without endangering persons or property in the City;
(3) The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons or property in the City;
(4) The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City;
(5) The applicant’s equipment is unsafe and persons and property would be endangered by its use;
(6) Zoning or other ordinances would be violated by the building in its new location;
(8) For any other reason persons or property in the City would be endangered by the moving of the building.
(b) Fees and Deposits.
(1) The Zoning Administrator shall deposit all fees and deposits, and all bonds or insurance policies with the Clerk-Treasurer.
(2) Return upon nonissuance. Upon his/her refusal to issue a permit, the Zoning Administrator shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.
(3) Return upon allowance for expense. After the building has been removed, the Zoning Administrator shall furnish the Clerk-Treasurer with a written statement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the making of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belonging to the City. However, if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The Clerk-Treasurer shall authorize the Zoning Administrator to return to the applicant all deposits after the Clerk-Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
(c) Designating Streets for Moving. The Zoning Administrator shall procure from the Street Commissioner and Director of Bryan Municipal Utilities a list of designated streets over which the building may be moved. The Zoning administrator shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations, the Street Commissioner and Director of Bryan Municipal Utilities and the Chief of Police shall act to assure maximum safety to persons and property in the City and to minimize congestion and traffic hazards on the public streets.
(Ord. 86-2005. Passed 12-19-05.)