(A) At the time fixed in such notice any person may appear before the Planning Commission and produce evidence in support of, or in opposition to, the granting of a permit. After hearing the application and receiving evidence in connection with such application, the Planning Commission shall, at its discretion, either grant or deny the permit; provided, however, before granting a permit the Planning Commission shall find that:
(1) All requirements for the issuance of a permit have been or can be met by the applicant; and
(2) The building or structure is not too large, or in such a state of deterioration, disrepair, or so structurally unsafe, that it cannot be moved without endangering persons or property in the city; and
(3) The building is structurally safe and fit for the purpose for which it is moved if the location to which it is to be moved is within the city; and
(4) The applicant's equipment is safe and that neither persons nor property would be endangered by its use; and
(5) All zoning, building, subdivision, and any other rules, regulations, or statutes have been or can be complied with if the building is relocated as requested by the applicant; and
(6) The moving of the building will not be detrimental to the health, safety, or general welfare of the neighborhood or area to which the building is to be moved.
(B) The applicant for any permit to move a building shall have the burden of proving the existence or non-existence of facts necessary to enable the Planning Commission to make the above findings.
('61 Code, § 9-9.04) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62)