Chapter 18.36
GENERAL PROVISIONS--RELOCATION OF BUILDINGS
Sections:
18.36.08 Applications and Fees.
18.36.10 Accompanying Maps and Data.
18.36.14 Commission Consideration.
18.36.18 Requirements Prior to Relocation.
18.36.24 Required Alterations and Improvements.
18.36.02 Intent and Purpose.
These regulations are intended to provide adequate safeguards to insure that buildings moved from one location to another do not have an adverse effect on their new location and that they harmonize and fit in with existing and future development of the area, and the City’s Zoning and Building regulations.
18.36.04 Permits Required.
No building or structure shall be moved within the City of Norco, whether transported as a unit or in sections, or completely dismantled, from one lot or premises to another, unless a valid permit for said relocation has been approved. Exempted from the permit requirements are never before occupied factory-built structures or components thereof being delivered directly from the manufacturer’s plant or storage facility. (Amended by Ord. 482 Sec. 1 (part), 1983)
18.36.06 Authorization.
The Planning Commission shall have the authority, subject to the procedures set forth in this part, to permit the relocation of buildings whenever it finds said relocations meet the requirements of this Ordinance.
18.36.08 Applications and Fees.
Application for relocation of a structure shall be made by the property owner or his authorized agent on a form prescribed for this purpose by the City. The application for relocation shall be accompanied by a filing fee as determined by City Council Resolution. No part of any filing fee shall be refundable.
18.36.10 Accompanying Maps and Data.
An application for the relocation of a building shall be accompanied by accurately drawn plot plans showing all existing and proposed buildings, structures, and uses on the premises, as well as the adjoining lots within a radius of at least 300 feet, photographs of the structures to be relocated, and such other data as may be required by the City Manager to submit the application to the Commission.
18.36.12 Posting of Notices.
It shall be the duty of the City Manager to post on the property where said relocated structure is to be located a notice stating “Structure to be relocated on these premises,” letter to be not less than one (1) inch in height. The notice posted shall give the date notice is posted and the last date at which adjoining neighbors and property owners may view the pictures and proposed plot plan in the Planning Department office prior to the application being transmitted to the Planning Commission. Said notices to be posted on the property at least ten (10) days prior to the Planning Commission hearing. Further, five (5) or more other notices shall be posted within a radius of 300 feet of the premises giving notice generally of the proposed relocation. Such notices shall be in the form and manner and shall be posted as designated by the City Manager. Said notices shall be posted at least ten (10) days prior to any required public hearing, or if no public hearing is required, then ten (10) days prior to Planning Commission consideration of the application. No hearing shall be required in connection with applications for the relocation of buildings defined as accessory buildings in the Zoning Ordinance of the City of Norco.
18.36.14 Commission Consideration.
Before granting approval of a proposed relocation, the commission shall find that all the following conditions exist as to the pending application:
(1) That the structure is in conformity with the type and quality of buildings existing in the surrounding area of the proposed site.
(2) That the structure will constitute a beneficial addition to and contribution to the general development of the area.
(3) That if there is vacant property in such surrounding area, or if the surrounding area is in transition, the Commission may take into consideration the type of structure and uses that could be located there in the future.
(4) That the proposed relocation will not conflict with any of the property development standards of City’s Ordinances, including but not limited to its zoning, building, plumbing, and wiring regulations.
(5) That the structure proposed to be relocated shall be completely free of pest infestation, and that a qualified pest extermination firm shall have so certified.
(6) That the proposed relocation will in no way be detrimental to persons, to properties, or to the living environment of the area.
(7) That the proposed relocation will not adversely affect any proposed streets or other improvements in the area and not be in conflict with any Master Plan of the City.
(8) That the proposed relocation will not result in violation of any law or ordinance.
18.36.16 Commission Action.
The Commission may approve a proposed relocation subject to such condition as the Commission may deem warranted by the circumstance involved. (Amended by Ord. 182 Sec. 1 (part), 1983)
18.36.18 Requirements Prior to Relocation.
Prior to issuance of a building permit the permittee shall fulfill the following:
(1) Before permittee may proceed with any permitted relocation, an executed affidavit as herein described shall be filed with the Planning Commission. Said affidavit shall be filed no later than ten days after the date said Notice was mailed and shall state that permittee knows and understands all the conditions imposed by the Commission/Council on the permit and accepts all conditions.
(2) The permittee shall have filed with the City Clerk a public liability and property damage insurance policy, as approved by the City Attorney, which policy shall carry the City as an additional insured. The amount of the coverage to be provided by such policy required by this subsection shall be determined by City Council regulation. A blanket coverage policy may be filed to cover two or more permits to be issued to the same permittee.
(3) Permittee shall have filed with Clerk an executed and acknowledged Indemnification and Hold Harmless Agreement which agreement shall indemnify and hold harmless the City of Norco and its officers and employees from any and all loss, costs, damages, or expense resulting from, or claimed to result from, the operations of the permittee in moving or causing to be moved any building or buildings for which a permit has been issued.
(4) In addition to said insurance policies and agreements, the permittee shall file with the City Clerk a surety bond in favor of the City of Norco in the sum as determined by the City Council resolution to protect said City from any loss due to damage to streets, sidewalks, curbs, traffic signals, street lights, public utility installations or any other City-owned property of any nature or kind.
(5) The applicant or authorized agent shall also obtain a permit from the City of Norco to move the structure over City streets. The City Manager shall establish the hours of the day during which such structures may be moved over the City streets; and may require Building Department Inspection of the site from which the structure is being moved, if such site is within the City, and inspection, as well as supervision, of the moving operation, and inspection of the site onto which such structure is moved, if said site is within the City. (Amended by Ord. 482 Sec. 1 (part), 1983)
18.36.19 Completion Timing.
That all work will be continuous and shall be completed within one hundred eighty (180) days after approval is granted. One extension only of ninety (90) days may be granted by the Commission if proof is given to the Commission that circumstances beyond the control of the applicant caused the delay. No permits shall be granted for the temporary “storage” of residential structures within the residential and agricultural zones of the City of Norco pending their sale or removal. (Added by Ord. 482 Sec. 1 (part), 1983)
18.36.20 Effective Date of Building Relocation Decision by Planning Commission and/or City Council upon Appeal Thereto or Council Initiated Review Thereof; Procedures and Application Fee therefor and Stay Of proceedings.
(1) “No decision by the Planning Commission after its review and hearing on a building” relocation permit shall be final and effective until ten (10) days after the date the Planning Commission makes its final determination thereof, or until the effective date thereof as provided in any approval of said application, provided that the latter date is more than ten (10) days after the date of said approval.
(2) All decisions of the Planning Commission concerning any request for building relocation pursuant to this chapter and any amendments hereto shall be final, unless appealed within the time period and in the manner as provided in Section 18.40.10 of this Ordinance (SITE PLAN REVIEW PROCEDURE); or unless the City Council no later than ten (10) days from the date of the Commission’s decision initiates a review of said decision or any condition or requirement imposed thereon. Said review may be initiated by motion of the City Council and shall be conducted in the same manner and according to those procedures provided herein for appeal.
(3) Notwithstanding the provisions of aforesaid Section 18.40.10, the Planning Commission’s Secretary shall present to the City council, no later than its next meeting, regular or special, immediately following the date of the Commission’s determination, copies of the application for relocation of the subject building and City Staff Report thereon.
(4) On the date a notice of appeal is filed hereunder or the City Council initiates a review thereof, all proceedings in furtherance of the decision of the Planning Commission, or any conditions or requirements thereof, including the effective date of any approval by the Commission, shall be stayed until final determination by the City Council.
(5) Wherever “site plan” is used in aforementioned Section 18.40.10 of this Ordinance, it shall be deemed to mean “building relocation application” for purposes of this chapter.
18.36.22 Term of Permit; Extension by Planning Commission Thereof and Appeal to City Council of Said Planning Commission’s Decision and/or City Council Initiated Review Thereof; Procedures and Application Fee Therefor and Stay of Proceedings.
(1) Unless otherwise specified in the final decision to permit a building or structure to be relocated, the permit shall become null and void ninety (90) days after the effective date of the final action to grant such permit, if permittee has failed to exercise his privileges under said permit by commencing said relocation.
(2) A permittee may be granted one extension of time to commence such work after said ninety (90) days period, by the Planning Commission and/or City Council upon appeal from said Planning Commission’s decision thereon or by City Council initiated review thereof, if permittee has applied for such extension to the Planning Commission before the expiration of said ninety (90) day period. The Planning Commission shall make its decision on any application for extension of the permit term no later than thirty (30) days after said application is filed with it. The provisions of Section 18.36.20 of this Chapter shall apply to and govern: the finality of the Planning Commission’s decisions and/or City Council’s decision under this Section upon appeal thereto or City Council initiated review thereof; the procedures for appeal to the City Council and/or City Council initiated review of said Planning Commission’s decision; the fee therefor and the stay of the effective date of the Planning Commission’s decision; the notification to interested parties of the Council’s decision on appeal or review thereof.
18.36.24 Required Alterations and Improvements.
Prior to the issuance of an occupancy permit, relocated buildings or structures shall be brought up to the standards of the Building Code and shall be painted and reconditioned and brought onto compliance with all of the conditions of approval of the Planning Commission’s action.
18.36.26 Vacated Site.
If the site from which the structure is moved is within the City of Norco, said site shall be cleaned up and put in a neat and orderly condition, including filling of cesspools and capping of sewage lines, prior to the issuance of the occupancy permit for the relocated structure. If such structure is to be moved to a location outside the City, the City Manager may require the site from which the structure is moved to be cleaned up and put in neat and orderly condition, including filling of cesspools and capping of sewage lines, before he issues a permit to move the structure over the City streets.