It shall be unlawful for any person to move or relocate a building,
structure or portion thereof, except portable storage buildings not
greater than ten (10) feet in width, twenty (20) feet in length, and
twelve (12) feet in height, within the corporate limits of the city
without first obtaining a permit from the building official. No permit
will be required to move a building or structure being moved over
any state or federal highway within the city provided it is being
moved under a permit issued by the state department of transportation
and when the moving route is confined to a state or federal highway.
For one building or structure being moved in multiple sections, only
one permit is required.
(Ordinance 1239-2019, sec. 14, adopted 8/13/19)
(a) Any
person desiring to move or relocate any old or used house, building
or structure within the corporate limits shall file an application
with the city secretary or designee requesting that he be permitted
to do so. Written application for such permit shall be filed with
the city secretary or designee at least forty-eight (48) hours prior
to the actual moving of the structure. Upon filing an application
for a permit, the applicant shall pay a fee in accordance with the
most recent fee schedule adopted by the city for the cost of processing
the permit application.
(b) The
application shall contain the following information:
(1) Name, address and telephone number of applicant;
(2) Description and size of house, building, or structure to be moved
along with its present location, together with a picture thereof;
(3) The present location of the house, together with a picture thereof;
(4) Legal description of the lot and the local address upon which the
house, building, or structure is to be moved or relocated if a permit
is granted;
(5) A drawing or plot plan showing the dimensions of the lot or tract
of land upon which the house, building, or structure is to be moved
or relocated, the location of existing buildings or structures upon
the lot, if any, and the location of existing buildings or structures
upon adjoining lots;
(6) The proposed route, including the time and date when the applicant
proposes to move or relocate the house, building, or structure. The
proposed route for the move must be signed and approved by the police
chief, or his designee, on the approval form attached to Ordinance
586 as exhibit A;
(7) Intended use of the house, building, or structure.
(c) Permit
application forms are attached to Ordinance 586 as exhibit B.
(Ordinance 586 adopted 8/28/01; Ordinance 1239-2019, sec. 15, adopted 8/13/19)
Upon filing of the application, the building official shall
investigate the application by inspecting the house, building, or
structure to be moved or relocated upon the lot or tract of land,
and the lot or tract of land upon which the house, building, or structure
is to be located. He shall then advise the public works director whether
the house, building, or structure meets the requirements of the building
code and other applicable ordinances of the city and whether the lot
and house, building, or structure, if allowed to be moved onto the
designated lot or tract of land, would meet all of the requirements
of the building code and other applicable regulations of the city.
(Ordinance 1239-2019, sec. 16, adopted 8/13/19)
A permit shall not be issued if:
(1) The
house, building or structure to be moved does not or cannot meet all
the requirements of all applicable ordinances of the city;
(2) The
lot or tract of land with the house, building or structure thereon
would not meet all of the requirements of the applicable ordinances
of the city;
(3) The
moving of such house, building, or structure upon or from the lot
or tract of land would cause injury to persons or property or damage
to the streets or other public improvements;
(4) The
proposed route has not been approved by the chief of police;
(5) The
applicant cannot ensure that he has the financial resources to bring
the building up to city standards within ninety (90) days after completion
of the move;
(6) The
applicant cannot ensure that the grounds from which a building is
removed will be completely cleared, leveled, and cleaned within ninety
(90) days after permit is issued.
(Ordinance 586 adopted 8/28/01)
(a) No
permit shall be issued unless the applicant shall file with the city
secretary a surety bond by a surety acceptable to the city in the
sum of not less than five thousand dollars ($5,000.00), which bond
shall protect the city from all costs and damages which may result
in the moving of any building or structure.
(b) The
applicant shall procure and keep in full force and effect a policy
of public liability and property damage insurance issued by a casualty
insurance company authorized to do business in the state and in the
standard form approved by the state board of insurance commissioners.
Such policy shall contain a provision that the city shall be fully
indemnified. Such insurance policy shall insure the public from any
loss or damage that may arise to any person or property by reason
of the moving of a building or structure by the applicant and providing
that the following recovery limits be not less than the following:
(1) For damages arising from bodily injury to or death of one (1) person
in any one accident - $100,000.00.
(2) For damages arising from bodily injury to or death of two (2) or
more persons in any one accident - $300,000.00.
(3) For injury to or destruction of property in any one accident - $50,000.00.
(c) The
city council may waive any insurance or bonding requirements provided
for herein or may require a lesser amount of coverage if in its opinion
the public will be adequately protected.
(Ordinance 586 adopted 8/28/01)
No person shall move any building or structure across or along
any public way within the city limits without an escort. All escort
vehicles shall be adequately marked and lighted.
(Ordinance 586 adopted 8/28/01)
The moving of any building or structure across or along any
public way within the city limits pursuant to this article shall occur
only during daylight hours, and only on Monday, Tuesday, Wednesday,
Thursday or Friday. No building or structure shall be moved during
any hazardous weather conditions, or when visibility is reduced to
2/10 of a mile or less.
(Ordinance 586 adopted 8/28/01)
Upon the issuance of said permit, the house mover shall make
all arrangements with the public utilities, railroads, and other persons,
firms, or corporations whose facilities are involved in such movement,
for the removal, relocation, and replacement of wires, poles, or other
improvements, to enable the building or structure to be moved without
causing damage.
(Ordinance 586 adopted 8/28/01)
Before the moving of a building is commenced, it shall be the
duty of the permit holder to give notice of the move to all companies
maintaining overhead wires across or along any street or alley included
in the designated route and to secure written clearance for such companies.
If it is necessary to temporarily move any such wires to accommodate
the moving of the building, the same shall be at the expense of the
building mover, if the wires are eighteen feet (18') above the right-of-way.
If the wires are less than eighteen feet (18') above the right-of-way,
they shall be moved at the expense of the utility company. The shortest
measurement between the overhead wire and the centerpoint of the right-of-way
shall be used for the purposes of this article.
(Ordinance 586 adopted 8/28/01)
Any building or structure moved into the city shall be connected
to the water and sewer system of the city before a certificate of
occupancy can be issued for the building or structure if the building
or structure is to be used for any purpose other than storage.
(Ordinance 586 adopted 8/28/01)
No building or structure for which a permit has been granted
shall be allowed to remain, park, or stand upon the public streets
or other public property within the city for more than twenty-four
(24) hours, except in cases of emergency in which event the building
or structure must be removed from the public streets or public property
within forty-eight (48) hours after the emergency has arisen.
(Ordinance 586 adopted 8/28/01)
No person shall occupy such house, building, or structure permitted
to be moved until the building official issues the permittee a certificate
of occupancy. No certificate of occupancy shall be issued until the
house, building, or structure complies with all conditions of the
permit and all requirements of all applicable ordinances of the city.
(Ordinance 586 adopted 8/28/01)
Neither the city nor any authorized agent acting under the terms
of this article shall be liable or have any liability by reason of
orders issued or work done in compliance with the terms of this article.
(Ordinance 586 adopted 8/28/01)
This article shall not apply to the movement of oversized equipment
or buildings or structures of a temporary nature, when such equipment,
buildings or structures are within the legal road limit as required
by state statutes.
(Ordinance 586 adopted 8/28/01)