A. General: No building or structure shall be moved into nor relocated in the City unless such building or structure and proposed foundation are in compliance with current building codes, Land Use Regulations, and all other pertinent City ordinances. The relocation of mobile homes, demountable structures, manufactured buildings, shipping trailer containers, portable carports and similar movable structures shall also be subject to the requirements of this section, except the requirements of this provision shall not apply to the moving of mobile homes within a mobile home park.
B. Permits Required:
1. No person, firm or corporation shall move into or relocate within the City any building or structure without first obtaining a building permit and a conditional use permit Permits shall be required prior to relocation. A site investigation will be required whenever the Chief Building Official deems appropriate.
2. Failure to comply with the requirements of this chapter shall require that the relocated structure or building be relocated to a site allowed and intended for storage of building materials or it shall be moved outside of City jurisdiction. In addition, failure to comply with any of the requirements of this chapter shall be subject to the enforcement provisions of the Municipal code.
C. Investigation:
1. Prior to the issuance of a Conditional Use Permit for the relocation of a building or structure, the Chief Building Official shall investigate any buildings or structures to be relocated and the property for relocation in order to determine whether a permit shall be granted. The Planning Commission shall specify conditions that shall accompany the permit. Conditions may apply to the vacated site, the moving operation, and the permanent lot.
2. Investigation of the building or structure to be relocated shall include the review of complete site and building plans showing compliance with all current codes regulating construction. The plans must include complete structural, electrical, plumbing, and mechanical drawings with a detailed scope of work to be performed with the relocation. The approved plans shall be included in the conditions of the building permit.
D. Standard Conditions Of Relocation:
1. No building or structure shall be moved into nor relocated within the City that is dangerous or unsafe, or which is infested, dilapidated, defective, or in such a condition of deterioration or disrepair that its relocation at the proposed site would be materially detrimental to the property in the district or area surrounding the proposed site. The Chief Building Official may place such conditions as deemed necessary to protect the public health, safety or welfare on any proposed relocation of a building or structure;
2. All footings and foundations on the site to which the building or structure is to be relocated shall be inspected, approved, and installed prior to removal of the building or structure from its original site;
3. All relocated structures shall be permanently affixed to a new foundation within forty five (45) days of approval of the foundation. Prior to the release of the permit, the applicant may request, in writing, an extension of the 45-day time, subject to approval by the Planning Commission. Ail relocated structures shall comply with all applicable regulations and conditions within six months of the date of the permit issuance unless otherwise approved and extended in writing by the Planning Commission;
4. All relocated buildings or structures, whether permanently affixed to a new foundation or not, and all buildings or structures to be relocated, shall be maintained in a safe, secure condition. This will require certification by a licensed structural engineer that the structure is sound enough to be moved and relocated. The structural engineer must include drawings and specifications to support structural analysis for moving and relocation at the proposed site. The chief building Official may require a structural peer review to substantiate findings of the structural engineer.
5. At the proposed site, all landscaping, walkways, masonry work, or required dedications and improvements for streets and facilities and building shall be provided in conformity with the standards of the City. At the vacated site, restoration and improvements shall be required as deemed necessary by the Chief Building Official.
6. A bond or other assurance shall be posted as a guarantee that the building and grounds will be improved, as stipulated, before the building is occupied. The bond or other assurance shall include costs for the vacated site to be restored to a safe and sightly condition. The amount of the bond or other assurance shall be at least equal to the cost of employing a contractor to make the improvements to the buildings and premises as required.
7. The applicant shall pay all cost incurred by the City for materials, labor, equipment and machinery, and other incidental costs directly related to the move. The permit holder shall also be responsible for the cost to repair all damages caused by the move to streets, bridges, sidewalks, trees and landscape, utilities, and other property.
E. Storage of Relocated Structures or Buildings: Storage of a relocated structure or at a location other than the vacated or permanent site shall only occur at a site allowed and intended for storage of building materials. When a building or structure is relocated at a site allowed and intended for storage of building materials, the following requirements shall apply:
1. Application for, fees for, and construction of any foundation work or any improvements is not required until such time as the building is ready to be relocated from the yard. The foundation permit must be released and the foundation inspected, approved, and installed prior to removal of the building from the yard; and
2. If relocated structures are to be stored for a period exceeding thirty (30) days, they shall be in compliance with setback requirements as set forth in the Land Use Regulations.
3. All structures shall be securely blocked to maintain structural integrity and to resist wind forces. In addition, any stored structure shall be located in a secure fenced yard in compliance with Chapter 10-36.
F. Findings Of Fact: A building permit for the relocation of a building or structure granted to the applicant shall be substantiated by the finding of Section 10-49-5. The following additional findings shall be determined:
1. The building or structure will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved;
2. The building or structure is in conformity with the quality of buildings existing in the area of the proposed site.
G. Existing Relocated Structures: Buildings or structures that have been removed from the original location and that have not been relocated to a permanent site on a permanent foundation prior to the adoption of this ordinance shall comply with the regulations of this chapter within forty five (45) days. Failure to comply with the requirements of this section may result in additional fees being levied or initiation of enforcement procedures provided in the Municipal Code. Once application has been made for a conditional use permit, the Planning Commission may grant a one-time, six (6) month extension of time when the following findings can be substantiated:
1. The proponent's initiation of relocation and permitting activities is limited by the City or other public agency which has not taken place or was delayed, resulting in a time delay beyond the permit holder's control.
2. The proponent has made a good faith effort to initiate the project by systematically completing pre-relocation conditions to the satisfaction of the responsible agency or department.
3. Circumstances, other than approval of financing, beyond the control of the permit holder has prevented initiation of the project.
H. License - Required: It is unlawful to engage in the business of house moving, raising, or shoring without first having obtained a business license therefore.
I. Requirements For Shipping Containers And Trailers: Steel shipping containers, ocean shipping containers and trailers designed to be towed by combination vehicles or a truck shall not be located within the City unless they meet the following standards:
1. All Zoning Districts: In all zoning districts within the City, shipping containers and trailers shall meet the following requirements:
a. Not to exceed two hundred (200) square feet;
b. Meet all requirements for accessory uses and structures;
c. Review and approval by the Planning Commission. The Planning Commission may require a public hearing;
d. Obtain a building permit if electrical or other city services are required;
e. Not allowed as a dwelling.
2. Commercial and Industrial Zones: In commercial and industrial zones shipping containers and trailers that exceed two hundred (200) square feet, shall meet the following requirements:
a. Obtain a Conditional Use Permit (CUP) from the Planning Commission requiring a public hearing and notification of property owners within three hundred (300) feet.
b. Meet requirements as an accessory use and structure;
c. Obtain a building permit if electrical or other city services are required;
d. Not allowed as a dwelling.
J. Portable Carports: Moveable carports that are purchased in kits and composed of a metal frame and fabric or metal cover shall meet the following requirements;
1. If the structure is less than two hundred (200) square feet a carport permit must be obtained from the Planning Commission.
2. located behind the rear plane of the residential structure. Not allowed within the front yard or side yard of the primary residential structure;
3. Anchored to meet manufacturer's instructions;
4. The roof and structure shall be maintained in a safe and aesthetic condition;
5. Carport larger than two hundred (200) square feet must meet requirements of the currently adopted building code and obtain a building permit and required inspections. (Ord. 2019-04, 10-16-2019)