(A) Conformance. Structures moved into, or within the jurisdiction, shall comply with the provisions of the Building Code, Plumbing Code and Electrical Code for new structures at the time the building or buildings are located or relocated. The foundation and/or basement on which structure will rest shall be complete and ready to accept the building prior to moving said building from the present location to the proposed location. A maximum of 120 days from the date of issuance of the moving permit shall be allowed for the completion of all exterior modifications and changes including, but not limited to, house placement, foundation back fill, final grading, required sidewalks, all siding exterior doors and windows, and roof coverings.
(B) No building, with an area of 120 square feet or more, shall be moved until a permit has been obtained as provided in this chapter. The Building Official shall not issue the permit if, in the Building Official’s judgment, the proposed new location of the structure would seriously increase the fire hazard of the surrounding buildings, or if moving the building or structure will, or probably will, likely result in unreasonable damage to streets, trees, or other property along the route over which the building or structure is proposed to be moved.
(C) No permit to move a residential structure to a new location within the city shall be granted unless the full and true property tax assessment value of the structure at its original location is at least 85% of the average full and true property tax assessment values of the residential structures within 200 feet of any part of the premises upon which the structure shall be located at its future proposed site within the city. If the structure does not meet the value requirement, a variance may be granted within the city if at least 85% of the owners of residential property within 200 feet of the structure at its future proposed site, excluding property owned by the applicant, sign a petition favoring the variance. The city may require an appraisal to determine the full and true value of the structure to be moved if it is not located within Clay County.
(D) Any structure that shall remain upon, occupy or stand upon any street, alley or sidewalk is hereby declared a public nuisance pursuant to SDCL Ch. 21-10 and may be abated by the city according to law.
(E) Whenever the person, firm, or corporation moving a structure upon, or along any street or alley, shall willfully, or negligently, permit such structure, while in transit, to remain upon the street, alley or sidewalk, the city shall have the authority, and is authorized, to move said building from the street, alley, or sidewalk to any point or place in the city where the same shall not obstruct travel or cause inconvenience to the public. The city shall keep an account of the expense of such removal, and the person, firm, or corporation and the sureties of the bond filed, as required by the provisions of this chapter, shall be liable to the city for such expense and the same may be recovered by civil action.
(F) A permit to move a building or structure shall not be granted if:
(1) The building is too large to move without endangering persons or property in the city or the weight of the building or structure may cause damage to the roadway;
(2) In the opinion of the Building Official, the building or structure is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it cannot be moved without potentially endangering persons or property in the city;
(3) The applicant’s, or house/building mover’s, equipment is unsafe and persons and property may be endangered by its use;
(4) The location where the building or structure would be moved would be in violation of any of the provisions of the zoning regulations relating to location, use and occupancy; or
(5) The building or structure to be moved would be in violation of any of the provisions of the Building Code relating to, but not limited to, construction methods and periodic inspections.
(1975 Code, § 7-24) (Ord. 367, passed 2-2-1959; Am. Ord. 738, passed 8-7-1978; Am. Ord. 1202, passed 11-17-2008; Am. Ord. 1271, passed 1-3-2012) Penalty, see § 10.99