The purpose of this article is to provide adequate safeguards
to insure that buildings moved from one location to another will not
have an adverse effect on property values and neighborhood environment
at their new location, and that they will harmonize and fit into the
existing and anticipated future development of the area.
(Zoning Code, Ch. 109, § 1096.00)
No person shall place, move on, or affix to the land in any
manner any building which was formerly located in another site, unless
written approval of the director of community development has first
been obtained. The term "building" as used herein, means any structure
designed, built or occupied as a shelter or roofed enclosure for persons,
animals or property, and used for residential, business, mercantile,
storage, commercial, industrial, institutional, assembly, educational
or recreational purposes. An accessory structure having a floor area
of less than 100 square feet, and being less than eight feet high
shall not fall within this definition. The provisions herein shall
not prohibit the installation of new prefabricated houses in accordance
with applicable regulations.
(Zoning Code, Ch. 109, § 1096.01; Ord. No. 2018-07R, § 7, 4-18-18)
A person seeking approval hereunder shall file an application
for such approval with the director of community development.
(a) Form. The application shall be made in writing upon forms provided
by the director of community development, and shall be filed in the
office of the director of community development.
(b) Contents. The application shall set forth and contain:
(1) A description of the building proposed to be moved, giving construction
materials, dimensions, number of rooms, condition of exterior and
interior, date of construction and an estimate of its present value.
(2) The present location of the building, giving city and street address,
or legal description of its present site.
(3) A complete legal description of the lot to which it is proposed such
building be removed, and street address.
(4) A plot plan of the proposed new site showing all boundary lines,
adjacent lots on all sides, all structures and improvements, means
of access, and showing the position of the buildings on the lot as
proposed.
(5) Photographs of the building or such elevations as the director of
community development may direct.
(6) Any additional information which the director of community development
may find necessary to a fair determination of whether the application
should be approved.
(Zoning Code, Ch. 109, § 1096.04; Ord. No. 2018-07R, § 7, 4-18-18)
The application shall be accompanied by a fee for each building in an amount to be established by resolution of the city council, except for accessory structures as defined in section
33-931 of this article.
(Zoning Code, Ch. 109, § 1096.06)
Before approving an application hereunder, the director of community
development shall determine that all the following conditions are
satisfied:
(1) That the building will conform to all provisions of the applicable
zoning regulations at its proposed site.
(2) That the proposed allocation will not adversely affect any proposed
streets or other improvements in the area, nor be in conflict with
an adopted general plan of the city.
(Zoning Code, Ch. 109, § 1096.09; Ord. No. 2018-07R, § 7, 4-18-18)
The director of community development may approve a proposed relocation subject to such conditions as the director may deem warranted by the circumstances. Said conditions may include specified landscaping and exterior finishing, dedication and improvement of streets and alleys adjoining the property, and time for completion of the work and improvements required. Such conditional approval shall not become effective, nor shall any action be taken thereon, unless and until security is furnished as required by section
33-937 of this article.
(Zoning Code, Ch. 109, § 1096.12; Ord. No. 2018-07R, § 7, 4-18-18)
Unless otherwise specified in the action approving the building
relocation, if a building which has been approved for relocation is
not relocated with 12 months of the date of the approval, such approval
shall become null and void. However, an extension of time, not to
exceed an additional 12 months, may be granted by the director of
community development.
(Zoning Code, Ch. 109, § 1096.13; Ord. No. 2018-07R, § 7, 4-18-18)
If approval is granted subject to performance of conditions by the applicant, a cash deposit, a cashier's check or a certified check payable to the City of Escondido shall be furnished by the applicant. Such cash deposit or check shall be in the amount of the cost of performance of the conditions as estimated by the director of community development and shall be conditional upon and shall guarantee the performance of the conditions enumerated by the director of community development and any work ordered done by the director of community development pursuant to section
33-938 of this article.
(Zoning Code, Ch. 109, § 1096.14; Ord. No. 2018-07R, § 7, 4-18-18)
The cash deposit or check shall not be released or the bond
shall not be exonerated as the case may be, nor shall the removed
building be occupied until the director of community development certifies
that all work and improvements specified by the director of community
development have been satisfactorily completed. The director of community
development shall cause an inspection of the building at its new location
to be made upon request therefor by the owner or applicant, or at
the expiration of the time designated by the director of community
development for completion of the work. The director of community
development may require any minor items of work to be done, such as
an exterior trim, painting where needed or clean up which in his judgment
is required to meet the purpose and intent of this article.
(Zoning Code, Ch. 109, § 1096.16; Ord. No. 2018-07R, § 7, 4-18-18)
The applicant shall have the right to appeal any decision of
the director of community development to the planning commission.
Any decision of the planning commission may be appealed to the city
council, whose determination thereon shall be final.
(Zoning Code, Ch. 109, § 1096.17; Ord. No. 2018-07R, § 7, 4-18-18)
Approval or conditional approval of the director of community
development or city council hereunder is not a building moving permit,
and such approval shall not relieve the applicant from compliance
with the provisions of the building code or from any other requirement
of law.
(Zoning Code, Ch. 109, § 1096.18; Ord. No. 2018-07R, § 7, 4-18-18)
Any person, firm or corporation violating any of the provisions
of this article, or disregarding any condition or term imposed by
the director of community development or city council hereunder, shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in an amount not exceeding $500 or imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(Zoning Code, Ch. 109, § 1096.20; Ord. No. 2018-07R, § 7, 4-18-18)