Cypress Municipal Code § 5-7 (Blank.)

Before any application for a relocation permit is approved, a fee as set by the master fee schedule, which may be updated by resolution from time to time, shall be paid by the applicant to cover the cost of the city for the investigation of the condition of the building to be moved, and the inspection of the proposed location. This application fee shall be in addition to any regular building permit fee required. The building permit fee shall be the same as for a new structure of equal footage. No permit fee shall be required for the moving of temporary buildings or structures over the public streets or alleys if such building or structure is to be used for a governmental purpose.

(Ord. No. 383, § 1; Ord. No. 1103, § 8, 10-27-08)

No housemover's permit shall be issued until the planning commission has first issued to the owner of the premises to which the building is to be moved, a permit to relocate the building, structure, or portion thereof upon such premises. Such permit shall be referred to and known as a relocation permit.

(Ord. No. 383, § 1)

No person shall relocate any building, structure, or portion thereof upon any premises or the same premises within the city without a relocation permit from the planning commission.

Exceptions:

(a) No relocation permit shall be required if the building or structure is to be moved to a place located outside the limits of the city or if the building or structure is to be used by governmental agencies for a governmental purpose.

(b) No relocation permit shall be required if the building or structure is to be moved to a location for use as a temporary structure required during the course of construction work.

(c) No relocation permit shall be required in order to relocate on the same lot an accessory building or structure not exceeding four hundred square feet in area, provided the planning director, after investigation first finds in writing that such relocation will not be likely to cause detrimental effects upon adjacent property. A copy of such written findings shall be filed with the superintendent of buildings and safety.

(d) No relocation permit shall be required for the placement of a structure temporarily on the premises of a legitimate house moving business where temporary placement is for the purpose of resale of such structure. Temporary replacement is defined to mean placement for a period not to exceed ninety days. No such temporary placement shall exceed ninety days unless an extension of time is granted by the planning commission for good and sufficient cause.

(e) All relocations in any case shall be required to have a plumbing permit.

(Ord. No. 383, § 1)

An application for a permit under this section shall be made on a form prescribed for such purposes by the city. The following information shall be filed with the planning commission at the time the application is made:

(a) The location and address of the existing structure.

(b) The location and address of the proposed new site.

(c) The plot plan of the new site showing the proposed location of the building to be relocated as well as an indication of all existing structures and improvements on the lot, on the adjacent lots on all sides.

(d) Plans and specifications for the proposed improvements of the building, including landscaping treatment.

(e) Photographs of all elevations of the structure to be moved, and photographs of the site on which the structure is to be moved, and photographs of buildings on adjacent properties to the proposed site.

(Ord. No. 383, § 1; Ord. No. 1103, § 9, 10-27-08)

Each applicant shall pay a sum of money as prescribed by the master fee schedule, which may be updated by resolution from time to time, per mile for each mile traveled by the building inspector or other city official in going to and returning from the location of the building or structure to be relocated. A charge as prescribed in the master fee schedule, which may be updated by resolution from time to time, for each hour for each person, shall be paid for the time required for each building inspection. A minimum charge set by the master fee schedule, which may be updated by resolution from time to time, shall be made for such building inspection of the building or structure to be relocated.

(Ord. No. 383, § 1; Ord. No. 1103, § 10, 10-27-08)

Before the planning commission may recommend approval of an application for a permit for the moving of building or structure, there shall be a public hearing upon providing the applicant at least five days written notice of same, and there shall be a finding that such moving shall not have a detrimental effect on the living environment and property values in the area into which the structure is to be moved.

Before approving such application, the planning commission shall also make the following determinations:

(a) That the building is in conformity with the architectural style and the quality of existing buildings within the area in which it is proposed to be moved.

(b) That the proposed building shall not be less in value when moved and remodeled than the fair market value of the highest one-third of the buildings within the immediate area. The immediate area shall be determined by the planning commission, but in no instance shall be less than five hundred feet from the exterior boundary of the proposed site on which a building is to be moved.

(c) That the proposed relocation will in no way be detrimental to surrounding property or to the living environment of the area.

(d) That the proposed location will comply with lot area, required yard, setbacks, and all other provisions of the zoning ordinance of the city, including fire zones.

(e) That all dedication and improvements required for streets and alleys including sidewalks, curbs, and gutters, necessary for access to the property upon which the structure is to be located are provided in conformity with the standards of the city.

(Ord. No. 383, § 1)

No relocation permit shall be issued to relocate any building or structure which is so constructed or is in such condition as to be dangerous, which is infested with pests, which is unsanitary, which is unfit for human habitation, which is so dilapidated, defective, unsanitary, unsightly, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the real property and improvements in the district within a radius of one thousand feet from the proposed site. Nor shall such permit be granted if the proposed use of the building when relocated is prohibited by the zoning laws of the city, or if the building is of a type prohibited at the proposed location by any section of this Code or any other ordinance. The building must meet all the requirements of a new building and conform to the general construction, design, class, size, in value of the neighboring buildings. If, in the opinion of the building superintendent, the building can be practicably and effectively repaired, a permit to relocate may be granted upon such terms and conditions as the planning commission may determine. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that repair or correction cannot practicably and effectively be made, the permit shall be denied.

(Ord. No. 383, § 1)

The planning commission may, in granting any relocation permit, impose thereon such terms and conditions as it may deem reasonable and proper, including but not limited to, the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that the relocation thereof will not be materially detrimental or injurious to the public safety, public welfare, or to the property and improvements of either in the district in which it is to be moved.

(Ord. No. 383, § 1)

Before a permit for the relocation of any building is issued pursuant to this article, a building permit shall be applied for and approved and a bond posted with the city and approved. The building permit shall be computed in the same manner and amount as in the case of new construction within the city. The bond posted with the city shall be in an amount estimated by the building superintendent to cover the cost of required improvements to bring the building up to standards of the Building Code of the city adopted by this chapter and shall be conditioned among other things, upon guaranteeing completion of required improvements on or before the one hundred eightieth day from the date of issuance of the relocation permit. If the site vacated by removal of a building pursuant to this article is within the city, the bond shall also cover the costs involved in cleaning up the vacated site, restoring it to a safe and sightly condition and estimated legal fees.

(Ord. No. 383, § 1)

Prior to occupancy, any building moved pursuant to this article shall be brought up to the standards of the building code of the city adopted by this chapter for a new building and shall be painted, refurnished and maintained at that standard.

(Ord. No. 383, § 1)

Any person aggrieved by the decision of the planning commission in carrying out the provisions of this article, may within 10 days after such decision appeal to the city council by filing a written notice thereof with the city clerk and the city council shall hold a public hearing on the matter after providing the applicant at least five days written notice of such hearing and its decision thereon shall be final. Such hearing by the city council shall be held within 40 days after receipt of the written notice by the city clerk.

(Ord. No. 383, § 1)

§ 5-8. through § 5-11. (Reserved)

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Editor's note: Sections 5-8—5-11 were repealed by Ord. No. 383.