(A) Before any house or other structure is moved onto a vacant lot, a conditional use permit must be secured. No such structure shall be moved by other than a licensed and bonded mover, except for accessory buildings less than 250 square feet, which may be moved by the owner if approved by the City Building Inspector. Accessory buildings of 500 square feet or less, and less than 15 feet in height may not require a conditional use permit if, in the judgment of the Building Inspector, its condition and appearance would be compatible with the area and intended use. New and sectional dwellings, whether in whole or in part, may not need a conditional use permit if they comply with the Building Code or other requirements of this chapter.
(B) The Planning Commission shall hold public hearing according to the provisions of § 157.101 of this chapter on each application to move or relocate a structure to determine its compatibility with the surrounding structures and area of the proposed site of relocation. The Building Inspector shall report to the Planning Commission concerning structural soundness of the building; recommended improvements to both the structure and the site, and restoration of the original site. The Building Inspector shall also submit for the Commission’s review and approval a schedule of estimated costs for the above.
(C) The Planning Commission shall submit to the City Council its recommendation as to the issuance or denial of the conditional use permit, together with recommended conditions (if recommendation is for issuance) including, when applicable, the condition that title to the property and structure cannot be sold or conveyed until the project has been completed and approved by the Building Inspector, a date by which the relocation and all recommended improvements to structure and site and restoration of original site shall be accomplished; and a signed agreement from the applicant that the conditions, recommended improvements and completion date are accepted.
(D) If the City Council approves the issuance of a conditional use permit, the applicant shall, before either the conditional use permit or moving permit is issued, deposit with the City Clerk-Treasurer as a guarantee to the neighborhood that the recommended improvements will be completed as agreed to by the applicant, a certified check or cashier’s check made payable to the city or in cash in an amount equal to 20% of the Building Inspector’s estimate of all the costs of relocation, improvement to structure, improvement to the proposed site and restoration of the original site, as prescribed by the Planning Commission and concurred in by the Council, excepting from those calculations the charges made by a licensed moving firm. The minimum deposit shall be $500. When the Building Inspector shall certify that the project has been completed, the City Clerk-Treasurer shall return to the applicant all the monies remaining in the deposit.
(E) (1) Unless the City Council grants an extension of time for completion of the project, 10% of the original amount deposited shall be forfeited for each day that the project remains incomplete past the agreed upon completion date. If the entire amount of the guarantee deposit becomes forfeited, the City Council shall then direct that the Building Inspector hire a contractor to complete the project as promised.
(2) All monies forfeited shall first be applied to the costs incurred by the city in the completion. Costs incurred beyond the amount of surety, including but not limited to, administrative and personnel costs of the city, materials cost and contractor charges and interest and service charges, shall be expended from the General Fund of the city and made a special assessment against the property and certified to the County Auditor for collection in one installment together with interest and costs according to law.
(F) Before the Building Inspector shall issue a permit to move a structure over any public right-of-way, the applicant shall pay the required fee and complete the application for building moving permit and moving approval form, all agreeable to the provisions of §§ 150.085 through 150.089 of this code of ordinances.
(G) These requirements shall not apply to construction sheds or temporary construction offices located on the lot for 18 months or less during a construction project.
(Ord. 827, passed 4-19-1983) Penalty, see § 157.999