The movement of any type of building from one location to another shall be permitted provided the following conditions are complied with:
A. Written Consent: Written consent of the owners of not less than seventy five percent (75%) of all the property owners within a distance of two hundred feet (200') of the lot upon which the proposed establishment is to be erected; provided, that the real estate occupied by the moved building within the two hundred foot (200') distance shall not count either for or against such consent.
B. Permits: The necessary building, zoning and moving permits shall be acquired. (1975 Code § 17.12.070)
C. Publication Of Notice:
1. Required: Upon compliance with subsection A of this section, but prior to the granting of any zoning or moving permits, the city shall cause to be published a notice to the general public that a permit or permits have been applied for to move an existing building onto property located within the municipal limits of the city as a conditional use. Such notice shall be published one time in a local newspaper and shall notify any interested party that within seven (7) days, excluding the date of publication, they must make a written protest to the granting of a permit to locate the existing building on the desired premises.
2. Written Protest: Such written protest must be made within the seven (7) days stated above and must be directed to the building inspector of the City.
3. Hearing; Decision Of Board: If a written protest is timely made, then a public hearing shall be set before the Board of Adjustment. Upon hearing public opinion and evidence, the board shall make the decision as to whether or not the required permits shall be granted pursuant to section 13-12-3 of this title. (Ord. 617, 8-4-1986)
D. Exception:
1. Definition: For the purpose of this subsection, a "newly constructed dwelling" is defined as a building or structure never previously utilized or occupied for residential or business purposes.
2. Newly Constructed Dwellings: The provisions of subsections A and C of this section shall not apply to Medium Density Residential Districts when the building inspector determines that the new dwelling proposed to be moved is a newly constructed dwelling and that the dwelling conforms to the international building codes as adopted by the City, and the manufacturer of said new building is listed by the State of Montana on its list of FBB (factory built buildings) manufacturers that are certified by the State of Montana. (Ord. 736, 2-16-1999, eff. 3-18-1999)