Chapter 9.40
MOVING OF BUILDINGS
Sections:
9.40.010 Definition of building.
9.40.020 Origin outside of city – Application – Reference to planning commission.
9.40.030 Origin outside of city – Consideration by planning commission.
9.40.040 Origin outside of city – Decision by planning commission – Appeal.
9.40.050 Origin outside of city – Hearing by city council.
9.40.060 Origin within the city.
9.40.070 Application for permit.
9.40.080 Referral to planning commission.
9.40.090 Directions of city engineer.
9.40.100 Deposit for expense to the city.
9.40.130 Duties of city engineer.
9.40.010 Definition of building.
The term “building” as used in this chapter, is an existing structure designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residence, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. (Ord. 262, § 1; 1976 Code § 9-8.01; 1966 Code § 7130).
9.40.020 Origin outside of city – Application – Reference to planning commission.
No person shall move, or cause to be moved, any building from a location outside of the city to any location within the city without first obtaining a permit therefor from the planning commission. Each application for a permit, in addition to containing the information required by MMC 9.40.070, also shall identify the location outside of the city from which the building is proposed to be moved. Each application for a permit shall be referred to the planning commission. (Ord. 262, § 1; Amended by Ord. 350, § 8; 1976 Code § 9-8.02; 1966 Code § 7131).
9.40.030 Origin outside of city – Consideration by planning commission.
No application for a permit to move a building from a location outside of the city shall be approved or conditionally approved unless the planning commission, following receipt of a report and recommendation on the application from the architectural review committee, or the city council upon appeal, has made the following findings:
A. The general appearance of the building which is the subject of the application (1) is in keeping with the character of the neighborhood and is not detrimental to the orderly and economic development of the city; and (2) will not impair the desirability of investment or occupation of the neighborhood into which the building is proposed to be moved.
B. The building which is the subject of the application is consistent with the city’s existing zoning, building, fire and housing codes, or if it is not consistent, what specific repairs and improvements should be required as conditions of approval in order to make the building consistent.
C. The moving of the building which is the subject of the application is consistent with the public health, safety and welfare, and with the city’s general plan. (Ord. 350, § 9; 1976 Code § 9-8.03; 1966 Code § 7131.1).
9.40.040 Origin outside of city – Decision by planning commission – Appeal.
A. If an application for a permit to move a building from a location outside of the city is approved or conditionally approved, the city manager shall issue a permit subject to compliance with the provisions of MMC 9.40.090 through 9.40.140, and further subject to compliance with any conditions which the planning commission may have imposed.
B. If an application is disapproved, the applicant may appeal such disapproval to the city council. If an application is approved or conditionally approved, any person may appeal such decision to the city council. Any appeal shall be filed in writing with the city clerk within ten calendar days following the day upon which the planning commission took its action. (Ord. 350, § 10, Amended by Ord. 698, § 1; 1976 Code § 9-8.04; 1966 Code § 7131.2).
9.40.050 Origin outside of city – Hearing by city council.
A. At its next regular meeting, the city council shall hear the appeal from an action of the planning commission approving, conditionally approving or denying an application for a permit to move a building from a location outside of the city.
B. Following completion of the hearing, the city council shall affirm, modify or overrule the decision of the planning commission. The decision of the city council shall be final. (Ord. 350, § 11; 1976 Code § 9-8.05; 1966 Code § 7131.3).
9.40.060 Origin within the city.
No person shall move any building from a location within the city to another location within said city, or to a location outside of said city, without first having obtained a permit therefor from the city engineer. (Ord. 262, § 1; 1976 Code § 9-8.06; 1966 Code § 7132).
9.40.070 Application for permit.
A person seeking issuance of a permit under this chapter shall file an application for such permit with the city engineer. Said application shall set forth the following information:
A. A description of the building proposed to be moved giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;
B. A legal description of the lot from which the building is to be moved;
C. A legal description of the lot to which it is proposed such building be moved;
D. Where the building is to be relocated within the city, a description of the portion of the lot to be occupied by the building;
E. The proposed moving date and hours;
F. Any additional information which the city engineer requires. (Ord. 262, § 1; 1976 Code § 9-8.07; 1966 Code § 7133).
9.40.080 Referral to planning commission.
If the building to be moved will be relocated within the city, the city engineer shall refer said application to the planning commission for architectural approval. In the event the planning commission finds that the general appearance of the building is in keeping with the character of the neighborhood and is not detrimental to the orderly and economic development of the city, and will not impair the desirability of investment or occupation of the neighborhood, the planning commission shall approve the granting of such permit, upon such conditions as may be required by the city engineer. In the event the planning commission does not approve said application, the applicant may appeal said decision to the city council, by filing an appeal thereof within ten days of the action of the planning commission. (Ord. 262, § 1; 1976 Code § 9-8.08; 1966 Code § 7134).
9.40.090 Directions of city engineer.
In the event the application to move any building is granted, the city engineer shall specify the route over which the building may be moved, the time of day when such moving will take place, and such other conditions and requirements as may take place, and such other conditions and requirements as may be reasonably necessary for public safety in moving such building. Such moving shall be done under the supervision of the city engineer or some person appointed by him to supervise the same. (Ord. 262, § 1; 1976 Code § 9-8.09; 1966 Code § 7135).
9.40.100 Deposit for expense to the city.
The city engineer shall estimate the expense that will be incurred in removing and replacing any electrical wiring, street lamps, or pole lines belonging to the city, or any other property of the city, the removal and replacement of which will be required by reason of the moving of the building through the city, together with the cost of materials necessary to be used in making such removal and replacement. Prior to the issuance of the permit, the city engineer shall require the applicant to deposit a sum of money equal to twice the amount of the estimated expense. (Ord. 262, § 1; 1976 Code § 9-8.10; 1966 Code § 7136).
9.40.110 Insurance or bond.
No permit to move a building under the provisions of this chapter shall be issued until the applicant has filed with the city a liability insurance policy in the amount of twenty-five thousand dollars, issued by an insurance company authorized to do business in the state, and approved as to form by the city attorney. Said insurance policy shall protect and indemnify the city for any damage or injury to any highway, street or alley, sidewalk, fire hydrant, or other property of the city, which may be caused by, or be incidental to, the removal of any building over, along or across any street in the city, and to indemnify the city against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the city. (Ord. 262, § 1; 1976 Code § 9-8.11; 1966 Code § 7137).
9.40.120 Permit fee.
The applicant shall pay to the city a fee, the amount of which shall be fixed by resolution of the city council, prior to commencing the moving of any building. Any permit allowing the moving of a building shall not be effective until the fee has been paid. (Ord. 262, § 1; Amended by Ord. 350, § 12; 1976 Code § 9-8.12; 1966 Code § 7138).
9.40.130 Duties of city engineer.
A. Inspection. The city engineer shall inspect the building and the applicant’s equipment to determine whether the standards for issuance of a permit are met.
B. Standards for Issuance. The city engineer shall refuse to issue a permit if he finds:
1. That any application requirement or any fee or deposit requirement has not been complied with;
2. That the building is too large to move without endangering persons or property in the city;
3. That the building is in such a state of deterioration or disrepair or is otherwise structurally unsafe that it could not be moved without endangering persons or property in the city;
4. That the building is structurally unsafe or unfit for the purpose for which moved, if the new location is in the city;
5. That the applicant’s equipment is unsafe and that persons and property would be endangered by its use;
6. That zoning or other ordinances would be violated by the building in its new location;
7. That for any other reason persons or property in the city would be endangered by moving of the building;
8. That the planning commission has not approved the granting of said permit, pursuant to MMC 9.40.080. (Ord. 262, § 1; 1976 Code § 9-8.13; 1966 Code § 7139).
9.40.140 Duties of permittee.
Every permittee under this chapter shall:
A. Use Designated Streets. Move a building only over streets designated for such use in the written permit;
B. Notice of Revised Moving Time. Notify the city engineer in writing of a desired change in moving date and hours as proposed in the application;
C. Notify of Damage. Notify the city engineer in writing of any and all damage done to property belonging to the city within twenty-four hours after the damage or injury has occurred;
D. Display Lights. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building;
E. Comply with Governing Law. Comply with the building code, the fire zone, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city;
F. Pay Expense of Officer. Pay the expense of a traffic officer ordered by the city engineer to accompany the movement of the building to protect the public from injury;
G. Clear Old Premises. If the building is moved from a location within the city, remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition;
H. Remove Service Connection. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the city water office. Permittee shall notify the gas and electric service companies to remove their services. (Ord. 262, § 1; 1976 Code § 9-8.14; 1966 Code § 7140).