City of Onalaska, TX MOVING BUILDINGS

Conflicting provisions.

Should any provision contained in this article conflict with any other provision of the building code adopted by reference herein or with any other provision contained in this Code of Ordinances, the most stringent requirement shall prevail.

(b)

Definition of modular building; mobile homes excluded.

Modular home or building, as used in this article, shall mean any building not erected on-site, except small storage sheds designed to be placed on the rear of residential lots behind an existing residential dwelling and used for storage of tools and other articles normally associated with residential occupancy. Mobile homes are excluded from the provisions of this article.

(Ordinance 61 adopted 9/13/83; 1982 Code, ch. 3, sec. 12(A))

(a)

It shall be unlawful for any person, firm, or corporation to move or relocate any old or used house, building, or structure, or any assembled portion of such house, building, or structure or any modular home or building, whether new or used, from one location in the city to another location, lot, or tract of land in the city, without first obtaining a permit therefor from the city council.

(b)

Any person, firm, or corporation desiring to move or relocate any old or used house, building, or structure from one location in the city to another location, lot, or tract of land in the city shall file an application with the city secretary requesting that he be permitted to move or relocate a particular house, building, or structure from one location to another location, lot, or tract of land in the city. Upon the filing of the application, the applicant shall pay the city the sum of fifteen dollars ($15.00), to help pay the cost of processing the application and the cost of mailing notices required by this section.

(c)

The application shall contain the following information:

(1)

Name, address, and telephone number of the applicant.

(2)

Description and size of the house, building, or structure to be moved, together with a picture thereof.

(3)

Legal description of the lot and the local address upon which the house, building, or structure is to be moved or relocated on if a permit is granted by the city council.

(4)

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 and the location of existing buildings or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoining lots.

(d)

After receiving the application, the city secretary shall set a date for a public hearing on the application. Public notice of the public hearing shall be given not less than ten (10) days before the date set for hearing.

(e)

After such public hearing, the city council shall either grant or deny the request, taking into consideration the location and size of the lot upon which the house, building, or structure is to be located, the size and construction of the house, building, or structure to be moved, the population density in the area, and the location and use of buildings, structures, and land in the area; provided that no request shall be granted if the city council shall find:

(1)

That the house, building, or structure to be moved does not meet all of the requirements of all applicable ordinances of the city;

(2)

That 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)

That the house, building, or structure to be moved has deteriorated more than fifty percent (50%) of its original value by virtue of fire or by virtue of age or normal wear and tear or other elements;

(4)

That the moving of such house, building, or structure upon the lot or tract of land would cause injury to persons or property or damage to the streets or other public improvements.

(f)

If the city council shall grant the request to move such house, building, or structure, the city council shall cause a special permit to be issued authorizing the moving of such house, building, or structure upon the lot or tract of land under such conditions, requirements, or restrictions as the city council shall determine.

(Ordinance 61 adopted 9/13/83; 1982 Code, ch. 3, sec. 12(C))