(A) Permit required. It shall be unlawful for any person to move or cause to be moved any building, house, barn, or other structure of any kind in, along, or upon any street, alley, or public ground in the town which will bring the structure in contact with any telegraph, telephone, electric light, electric power, cable transmission line, or of such size as it will affect the orderly flow of vehicular traffic without first obtaining a permit therefor from the Town Council or its designee, hereinafter referred to as the "Council". Such permit shall be known as a "House Moving Permit".
(B) Application for permit. Any person desiring such a permit shall file with the Clerk-Treasurer an application therefor in writing on a form to be furnished by the town for that purpose. The application shall specify the following:
(1) The character and size of the building to be moved;
(2) The reason for moving;
(3) The use, purpose and occupancy for which the building or structure is to be used;
(4) The location from which and to which the building is to be moved;
(5) A plot plan showing the proposed location of the building upon the property to which the building is to be moved, provided the location is in the town;
(6) The streets on, over or through which it is desired to move the building;
(7) Whether the building conforms to the zoning laws in the location to which it is to be moved;
(8) The date on which the building is to be moved.
(C) Investigation. Upon the filing of the application, the Zoning Administrator or any other person or official designated by the Council to make such investigation, shall cause an investigation to be made of the building, and a report shall be issued to the companies owning or controlling any telegraph, telephone, electric light, electric power, and cable transmission line, and to the Town Street Department. The Council also reserves the right to conduct the investigation itself.
(D) Denial of permit.
(1) No permit shall be issued to move any building or structure which, in the opinion of the Zoning Administrator:
(a) Is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of 1,000 feet from the proposed site;
(b) If the proposed use is prohibited by the zoning laws of the town;
(c) If the structure is of a type prohibited at the proposed location by any ordinance of the town.
(2) Provided, however, that if the condition of the building or structure, in the judgment of the Zoning Administrator, admits of practicable and effective repair, the permit may be issued upon the terms and conditions as set forth herein.
(E) Terms and conditions of permit.
(1) When a housing moving permit is granted, such terms and conditions as may be deemed reasonable and proper may be imposed, including, but not limited to, the public streets or other public property in the town on, over or through which the building or structure shall be moved, and the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district to which it is to be moved.
(2) The terms and conditions shall be written upon the permit or appended in writing thereto.
(F) Owner's completion bond. Before the Council shall issue a house moving permit, the applicant shall file with the Council a corporate security bond conditioned on the faithful and prompt performance of the work according to the specifications in the permit; and to secure the town against damage to its streets and the property owners of the town against damage to their private property and also against damage to other property belonging to the town. The bond shall be in a form approved by the town's attorney. In lieu of posting a corporate surety bond, the applicant, owner, or lessee may post a cash deposit in the amount of the bond.
(G) Fees. A permit fee in the sum of $50 shall be paid to the Clerk-Treasurer for the issuance of each house moving permit.
(H) Suspension or revocation of permit. The Council, at any time, for sufficient cause, may revoke or suspend any permit granted under this section.
(Ord. 2000-03, passed 8-7-00)