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HomeMy WebLinkAboutOrdinance 20-2010 Ordinance No. 20-10 An Ordinance Amending Chapter 22 of the Code of Ordinances of the City of Brookings Pertaining to Moving a Building. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. ARTICLE IV. MOVING A BUILDING DIVISION I. GENERALLY Sec. 22-201 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory Building: A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use. An "accessory building" does not include dwelling units or living quarters. Building: Any enclosed space for human use or activities, whether stationary or movable. Dwelling: A building, or portion thereof, used exclusively for permanent human habitation. Manufactured Home: A building, used exclusively for human habitation, which is constructed in compliance with the National Manufactured Home Construction and Safety Standards Act in a manufacturing facility, and is transportable in one or more sections to a building site. Mobile Home: A building, used exclusively for human habitation, constructed in a manufacturing facility prior to June 15, 1976, the effective date of the National Manufactured Home Construction and Safety Standards Act, which is transported on a permanent chassis to a building site. Modular Home: A building, used exclusively for human habitation, constructed off site and in compliance with the applicable local or state building code and which is transported on a temporary chassis to a permanent building site. Structure: Anything constructed or erected that requires location on the ground or attached to something having a location on the ground. Sec. 22-202 Protection of trees (a) Generally. No person shall move any building or structure along any street, avenue, public place or alley in such manner as to interfere with or injure any tree in any public area except as provided in this section. (b) Charges; deposit. Upon receipt of an application for a permit to move any building or structure within the city, the director of parks and recreation shall determine the number of trees along the proposed route for such moving which will require trimming for clearance. The city may require a deposit as estimated by the director of parks and recreation which is sufficient to cover the possible cost to the city in repairing damage to trees caused by the mover during such move. Charge for repair shall be made at the current city hourly labor rate, plus equipment costs, and ten percent for both the labor of the city employee and equipment. (c) Supervision of work. If it is necessary to trim or move any tree along any street, avenue, public place or alley within the city in connection with the moving of any building or structure, all such work shall be done under the supervision and control of the director of parks and recreation at the expense of the person moving such building or structure. Trimming shall be done in accordance with the pruning standards. (d) Replacement. If a tree is removed or severely damaged or dies as a result of trimming or as a result of the moving of a building or other structure, the permittee shall pay to the department of parks and recreation the cost for each replacement tree which is necessary. (e) Refund. All sums deposited with the city for the protection of trees along the route to be used to move the building or structure and that are not earned by the city shall be refunded to the permittee. Sec. 22-203 Protection of utilities (a) Generally. No person shall move any building or structure along any street, avenue, public place or alley in such manner as to interfere with or damage any utility line or fixture in any public area except as provided in this section. (b) Charges. The owner of a building or structure shall pay to the city such charges as shall be determined for each utility line or fixture to be raised, cut, changed, severed or removed. Such charges shall be based upon the actual costs incurred by the Brookings Municipal Utilities (BMU). (c) Costs of labor. Brookings Municipal Utilities shall provide labor necessary to raise or change all fixtures and lines and a charge shall be applied for such labor. (d) Deposit. A deposit based upon an estimate by the BMU of the cost for labor and materials in raising, changing, severing and repairing any line or fixture prior to moving a building or structure may be required and all deposits that are not earned shall be refunded. Sec. 22-204 Limitations on structure to be moved A permit to move a building or structure shall not be granted if: (a) The building is too large to move without endangering persons or property in the city or the weight of the building or structure would cause damage to the roadway, or (b) In the opinion of the Building Services Administrator, the building or structure is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it cannot be moved without endangering persons or property in the city, or (c) The applicant's or house/building mover's equipment is unsafe and persons and property would be endangered by its use, or (d) The location where the building or structure would be moved would be in violation of any of the provisions of the Zoning Code relating to location, use and occupancy. (e) The building or structure to be moved would be in violation of any of the provisions of the Building Code relating to, but not limited to, construction methods and periodic inspections. Sec. 22-205 Obstructing rights-of-way No building or structure shall be permitted to be or remain in, on or across any street or alley, or part thereof, from thirty (30) minutes before sunset to thirty (30) minutes after sunrise unless the licensee moving such building or structure adequately warns all persons using such street or alley of the obstruction by placing an adequate number of red lights in such position as will reasonably serve such purpose. Sec. 22-206 Travel route The applicant or house/building mover shall furnish a travel route along with the date and time when the move will commence. The City Engineer may require that the route be changed or altered in the interest of protecting the public's health, safety and welfare and/or minimize potential damage to property, or to minimize potential traffic problems that may occur. Any travel route that involves any city streets within the City of Brookings but does not include locating the moved building in the city limits shall be subject to the same requirements and applicable fees as stated in the sections of this article. Sec. 22-207. --- 22-220. Reserved. DIVISION 2. PERMIT Sec. 22-221 Application The following information is required for approval of any moving permit: (a) Completion of a Moving Permit application (b) Completion of a House Moving Agreement for any dwelling moved within the city or non-ag zoning district in the Joint Jurisdiction Area (c) Completion of the Addendum to the House Moving Agreement, when applicable Sec. 22-222 Exceptions The following buildings or structures shall be exempt from the requirements of Sec. 22-221 but not from any other requirements of the code of ordinances: (a) A manufactured home or mobile home moved into or within a manufactured or mobile home park (b) A manufactured home or mobile home moved onto a lot in the Residence R-3A District (c) A one-story accessory building that is less than 14 feet in width and has less than 340 square feet of floor area Sec. 22-223 Hearing required; notice of application; fee Whenever a moving permit application involves a dwelling that was originally constructed on- site and was previously occupied, no moving permit shall be issued until a hearing on the moving permit is held by the city council. A notice of application shall be published in an official newspaper at least five (5) days prior to the date when such application shall be considered by the city council and by mailing a copy of the notice to owners of real estate abutting the real estate upon which the dwelling is to be moved. The notice shall state the time and place of the hearing and, in general terms, describe the building to be moved and the location where the building will be moved. All requests for moving permits shall be accompanied by a deposit in an amount established by resolution, which shall be used to defray administrative expenses. A majority vote of the city council members who are present at the meeting is required for issuance of a moving permit. Exception: Whenever a moving permit application involves a dwelling that was originally constructed on-site and was previously occupied and will be relocated outside the city limits no hearing before the city council shall be required. However, all other applicable sections of the Code of Ordinances shall be adhered to. Sec 22-224 --- 22-250 Reserved. DIVISION 3. LICENSE Sec. 22-251. License required No person, except a licensed house/building mover or mobile home and manufactured home dealer or manufacturer, shall remove or move from one lot to another any building or part of a building within the limits of the city or within any area designated as non-ag in the Joint Jurisdiction Area surrounding the city. Exceptions: a. No license is required to move an accessory building on a residential lot to another lot if it is one-story in height and less than or equal to 24 feet wide. b. No license is required to move a building within the confines of a lot, or contiguous lots under single ownership, when it is not necessary to move the building over public property or property belonging to another person. Sec. 22-252. Chapter 26 of this Code applicable. The provisions of Chapter 26 of this Code, insofar as such provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article. Sec. 22-253. Insurance coverage. The applicant for a housemoving license shall file with the city clerk a certificate of insurance that indemnifies the public against loss by negligence of the applicant or its agents in amounts set from time to time by resolution of the city council. The form and content of such policy shall be approved by the city manager and the policy shall be issued by an insurance company approved by the city manager. The applicant, if a license is granted, shall conform to all requirements which are established by the city and shall promptly repair and make good to the satisfaction of the city manager all damage to any pavement, sidewalk, crosswalk, hydrant, street, alley or other public property which results from moving any building or in connection with the moving thereof; and that the licensed housemover will indemnify and save harmless any person by reason of negligence of the licensed housemover or applicant, or applicants' employees or agents, in connection with the moving of any building or the use of any public street or ground for that purpose. City Council Packet May 25, 2010 MOVING PERMIT APPLICATION FEE$200.00 DATE APPLICANT PHONE MOBILE ADDRESS ADDRESS OF STRUCTURE TO BE MOVED ADDRESS WHERE STRUCTURE IS TO BE MOVED TO LEGAL DESCRIPTION NAME OF MOVING COMPANY PHONE MOBILE TYPE OF BUILDING DIMENSIONS: WIDTH LENGTH HEIGHT(when loaded) SQ. FT TRAVEL ROUTE ATTACHED? YES NO DATE AND TIME OF MOVE REQUIRED APPROVALS(when applicable) INITIALS DATE POLICE DEPT. FIRE DEPT. STREET DEPT. BROOKINGS MUNICIPAL UTILITIES(water, sewer,electric,telephone) MEDIACOM NORTHWESTERN ENERGY ENGINERING DEPT. PARKS DEPT. IS EITHER PROPERTY LOCATED IN,ADJACENT TO,OR WITHIN 50 FEET OF AN HISTORIC DISTRICT? YES NO HAS FOUNDATION PERMIT BEEN ISSUED? FOUNDATION IN PLACE? Applicant hereby certifies that the above information is correct and that all ordinances, rules and regulations of the City of Brookings will be complied with. Signature Date Permission is granted to move the above described building over the route submitted in said application. Signature Date 175 Sec. 22-254. Issuance. A license required under this division shall be issued only upon approval of the application therefore by the city council. Secs. 22-255 — 22-290. Reserved. II. Any and all ordinances in conflict herewith are hereby repealed. First Reading: May I I, 2010 Second Reading and Adoption: May 25, 2010 Published: May 28, 2010 CITY OF BROOKINGS f//lww9��� '�►►%T,;t Tim Reed, Mayor II 0 W,p .,; "ari Thornes, City Clerk