A. Purpose: The purpose of this section is to safeguard the health, safety, and general welfare of the public by providing minimum standards for the moving and relocating of buildings and structures within the City.
B. State Licensure Requirements: No person, except a State licensed house mover, shall remove, raise, or support a building or structure free of its foundation within the incorporated limits of the City. The above shall not be construed as a measure to prevent the owners of a building or structure from personally raising, moving, or supporting such building or structure upon their own premises.
C. Permit Requirements And Application Process:
1. Process:
a. Permit Required: Every licensed house mover or building owner shall, before raising, moving, or supporting free of its foundation any building or structure, obtain a permit therefore from the City.
b. A person seeking a permit shall contact the Building Official to receive an application for inspecting the property and must file the completed application form with the Zoning Administrator. The applicant shall present plans to the Building Official, which at a minimum, shall indicate lot size, orientation of the structure on the property respective to setback requirements and lot coverage requirements. The Building Official shall physically inspect all buildings to be moved within/into the City (unless the building/structure is new construction and an inspection report from a building official is provided declaring the building/structure consistent with applicable codes).
c. Upon receipt of a completed moving permit application, which shall include an inspection report from the Building Official (including filing fee), the Zoning Administrator shall set the time and date for a public hearing. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of zoning amendments involving changes in zoning district boundaries affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice, shall not invalidate any such proceedings as set forth within this title, provided a bona fide attempt has been made to comply with the notice requirements of this title.
d. Any application for a permit shall be accompanied by a permit fee, which shall be in an amount equal to the fee charged for a conditional use permit. Such fee shall not be refundable if the permit is denied.
e. The Planning Commission, in determining whether or not to recommend approval of the moving permit, shall consider the same criteria that apply to the issuance of conditional use permits. In addition, they shall consider the following factors:
(1) Whether the building/structure is potentially structurally unsafe and could endanger persons or property within the City if moved;
(2) Whether the structure is structurally sound and capable of meeting Minnesota State Building Code requirements subsequent to the move; and
(3) To note, the Building Official may require code compliance work to be completed before the structure is allowed to be relocated.
f. The Planning Commission, in recommending approval of a permit, may institute conditions upon the permit which may include, but not limited to, the following:
(1) The route to be followed in moving the structure;
(2) The date and time limits in which the building may be moved;
(3) The amount of time in which an association or corporation owning, operating, or controlling wires or cable that must be moved or displaced to accommodate the move has to remove or displace wires or cables after receipt of notice of the time of the move;
(4) The amount of cash deposit, performance bond, or completion bond that should be required by the City Council, if any;
(5) The amount of a cash deposit or letter of credit for estimated costs that may be incurred on behalf of the City, as required by the City Council; and
(6) Alterations or repairs that must be made to the structure to comply with Minnesota State Building Code requirements and/or to upgrade the building to maintain neighborhood integrity and appearance.
g. After recommendation by the Planning Commission, the matter shall be placed on the agenda of the next City Council meeting. A favorable vote of a majority of the Council members present shall be required to approve the permit.
h. If a permit is approved, a cash deposit, performance bond, or completion bond in an amount set in the permit (if any) shall be filed with the Zoning Administrator prior to the issuance of the permit, and be signed by a good and sufficient surety, setting forth the completion date therein. Such bond, if required, is for the purpose of ensuring that alterations and repairs to the structure as required within the Minnesota State Building Code or as required as a condition of the permit, are accomplished. The date of completion shall be set by the City Council and the Building Official.
i. In cases where a building is being moved outside the incorporated limits of the City, or in the case where an accessory structure or single story garage are to be moved, the application and application fee shall be filed with the Zoning Administrator, but no hearing or approval of the Planning Commission or City Council is required, unless otherwise deemed necessary by the Zoning Administrator.
D. Conditions Of Permit: The following conditions shall apply to each moving permit as issued by the City:
1. Moving Buildings Across Railway Tracks: No house, building, or structure shall be moved across any railway track, except at such time as permitted by the persons, associations, or corporations owning or controlling such tracks.
2. Lighting Required On Buildings/Structures: When any building or structure is being moved across or through any street or alley, a red light must be illuminated at each corner of such building or structure from sunset to sunrise. All ropes, blocks, winches, windlasses, or other equipment used in the moving of said building or structure must, when obstructing the free use of a street or alley, be protected by suitable lights from sunset to sunrise. (Ord. 156, 6-13-2020)