The purpose of this section is to establish an orderly process
for reviewing requests for moving structures over City streets; minimizing
damage to private and public property during the course of moving
a structure, securing funds for the repair or restoration of damage
caused by moving structures, minimizing disruption to traffic, public
utilities, and communication services, protecting public safety and
welfare, and ensuring compliance with applicable provisions of the
Milwaukie Municipal Code.
(Ord. 1952 § 2 (Exh. 1),
2005)
A relocation permit is required prior to moving any structure,
which is ordinarily attached to real property over City streets. Buildings
relocated from sites not within the City of Milwaukie are subject
to this chapter. In such cases the Engineering Director shall determine
applicable code provisions.
(Ord. 1952 § 2 (Exh. 1),
2005)
A.
Occupation
of a relocated structure on any lot, tract, or other real property
is prohibited without first obtaining zoning certification in accordance
with this chapter, required building permits, and payment of all fees.
B.
Temporary
storage of moved structures within the City of Milwaukie is prohibited.
C.
Temporary
placement of relocated structures within public and private streets
is prohibited unless expressly authorized under an approved relocation
permit.
(Ord. 1952 § 2 (Exh. 1),
2005)
The applicant bears the burden of demonstrating compliance with
all provisions of these regulations prior to issuance of a relocation
permit.
(Ord. 1952 § 2 (Exh. 1),
2005)
An application fee, as adopted by the City Council, is required
at the time of application submission. Applications that are not accompanied
by an application fee shall not be accepted.
(Ord. 1952 § 2 (Exh. 1),
2005)
The applicant shall maintain insurance for the following types
and amounts of coverage:
A.
General
liability: two million dollars ($2,000,000.00) per occurrence.
B.
Auto
liability including nonowned and hired: two million dollars ($2,000,000.00)
per occurrence.
(Ord. 1952 § 2 (Exh. 1),
2005)
The Engineering Director, or designee, shall interpret, apply, and enforce provisions of this chapter except Section 15.20.100, which shall be administered by the Planning Director.
(Ord. 1952 § 2 (Exh. 1),
2005)
No building relocation permit shall be issued until all liens,
charges, and billings applicable to the donor site and owed the City
have been paid to the satisfaction of the Finance Director.
(Ord. 1952 § 2 (Exh. 1),
2005)
The applicant shall provide written notice of the date and time
of the move proposed and the move-route no less than five business
days prior to submitting a building relocation permit to the Engineering
Director to the following:
A.
Milwaukie
Police Chief and Fire Marshal, Clackamas Fire District #1;
B.
Oregon
Department of Transportation for applications which include any portion
of Highway 99E or Highway 224 as part of the move-route;
C.
Union
Pacific Railroad or other railroad owner if not Union Pacific for
any move-route that crosses an active rail line.
(Ord. 1952 § 2 (Exh. 1),
2005)
A.
The
applicant shall demonstrate consistency with the Milwaukie Zoning
Ordinance for the donor and receiving sites located within the City
of Milwaukie prior to issuance of a relocation permit.
B.
Zoning
Certification
1.
The
relocation permit application shall include sufficient information
necessary for determination of zoning compliance for receiving sites
and determination of the structure's historic preservation landmark
status under the Milwaukie Zoning Ordinance.
2.
The
Planning Director shall determine whether the applicant has demonstrated
compliance with the Zoning Ordinance within seven workdays of a complete
application being received.
(Ord. 1952 § 2 (Exh. 1),
2005)
The Engineering Director may approve, approve with conditions,
or deny relocation permit applications. Applications for a relocation
permit shall be approved only when the following items have been submitted
or otherwise resolved to the Engineering Director's satisfaction.
The Engineering Director shall consider recommendations of the Building
Official, Planning Director, Street Operations Supervisor, Clackamas
Fire District #1, Milwaukie Police Chief, and others as appropriate.
A.
Complete
relocation permit application and fee;
B.
Proof
of City business registration;
C.
Proposed
route, time and date of the move;
E.
Certification
of zoning compliance;
F.
Determination
that the proposed time and route of the move is safe and minimizes
disruption to traffic;
G.
Proof
of approved building permits for receiving site when located in the
City of Milwaukie;
H.
The
demolition permit for donor site showing proper disconnection and
capping of site utilities;
I.
Specification
of loaded height, width, and length of structure to be moved, and
all escort and other vehicles;
J.
Specification
of wheel weight in pounds per square inch;
K.
Identification of all obstructions within the public right-of-way and private property to be removed. Trees that must be pruned or removed are also to be identified. A tree permit may be required in accordance with Chapter 16.32 of this code;
L.
Identification
of all traffic controls along the move-route;
M.
Traffic
control plan;
N.
Certification
from applicable utility providers, county, and state agencies noting
acceptability of the proposed move and any conditions that have been
imposed;
O.
Authorization
by owners of the donor and receiving sites to make application for
the move;
P.
Written
confirmation from the Finance Director that all liens, charges, and
billings applicable to the donor site have been satisfied;
Q.
A copy of each notice provided to the Milwaukie Police Chief, Fire Marshal, Clackamas Fire District #1, Oregon Department of Transportation, the railroad operator, as applicable and in accordance with Section 15.20.090 of this chapter;
R.
A bond
to secure repair of any damage to City property or facilities in an
amount to be determined by the Engineering Director;
S.
Additional
information as may be specified to demonstrate compliance with this
chapter.
(Ord. 1952 § 2 (Exh. 1),
2005)
A relocation permit may be conditioned to specify conditions
including but not limited to the following:
A.
Time
of move;
B.
Route
of move;
C.
Overall
length, width, and height of structure to be moved;
D.
Axle
weight or wheel weight in pounds per square inch of tire;
E.
Number
and location of vehicle escorts;
F.
Required
traffic controls;
G.
Terms
for repair of damage to roadways, property, or other City facilities.
(Ord. 1952 § 2 (Exh. 1),
2005)
The applicant shall post a notice of approved relocation permit
on the property or structure so that it is visible from the street,
giving notice of intent to relocate the structure. The notice shall
be in the form prescribed by the engineering director and shall be
posted the same day the permit is approved. The notice must remain
posted for five workdays thereafter.
(Ord. 1952 § 2 (Exh. 1),
2005)
Work authorized under an approved relocation permit may not
commence until expiration of the mandatory appeal period.
(Ord. 1952 § 2 (Exh. 1),
2005)
The City Council may grant exceptions to these regulations in
unusual and deserving cases upon a showing that granting the exception
is in the public interest and that the benefits for granting the exception
are greater than the impact of not requiring full compliance.
(Ord. 1952 § 2 (Exh. 1),
2005)
A.
The
City Council shall decide appeals of decisions on relocation permits.
B.
The
appeal fee, as adopted by the City Council, is required at the time
the appeal is submitted. Appeal applications that are not submitted
with the proper fee shall not be accepted.
C.
Appeals
on relocation permits must be received by the Engineering Director
within five workdays of the date the relocation permit is issued.
(Ord. 1952 § 2 (Exh. 1),
2005)
The penalty for violation of this chapter shall not be less
than $1,000 per day. Each infraction constitutes a separate violation
for each day the violation occurs.
(Ord. 1952 § 2 (Exh. 1),
2005)
