Montclair Municipal Code Ch. 11.64 Moved Buildings

It is unlawful for any person to locate or establish upon any lot or parcel of land within the City any building or structure which has been moved from another location, within or without the City, without first having obtained a conditional use permit to do so, in addition to the moving permit required by Section 10.12.010 of this Code. Such conditional use permit shall be obtained from the Planning Commission pursuant to the provisions of this Code and the following provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

The following shall be filed with the secretary of the Planning Commission at the time the application is made:

A. The information required by Section 10.12.020 of this Code;

B. Plans and specifications for the proposed improvements at the new location, including the landscape treatment;

C. Photographs of all the elevations of the structure proposed to be moved, together with photographs of the new site and the buildings and structures adjacent thereto;

D. Such information and the fees required by Section 11.78.010 of this Code. When the fee for a conditional use permit required by this section is paid, the applicant shall not be required to also pay the moving permit fee required by Section 10.12.040 of this Code, although such moving permit shall still be obtained.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

The Planning Commission may grant the requested permit upon such terms and conditions as it may deem necessary, including the following:

A. A report and clearance from a licensed pest control inspector that such building, after a reasonable inspection, is found to be free from termite infestation; and

B. A faithful performance bond in the amount of Two Thousand Five Hundred (2500) Dollars, which bond shall guarantee that the applicant will comply with all the conditions and changes required within six months after the date of the approval, conditional or otherwise, of the Planning Commission. Such time limitation may be extended by the Planning Commission for good cause provided an application is made to the Planning Commission prior to the expiration of such period.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

In granting an application for a conditional use permit, the Planning Commission shall find:

A. That the building is in conformity with the type and quality of buildings existing in the area into which such building is proposed to be moved;

B. That such building is not more than two stories in height;

C. That the location of such building on the lot does not in any way adversely affect the buildings or uses on abutting properties;

D. That the percentage of lot coverage by all buildings and structures is not greater than that permitted by the district into which the building or structure is proposed to be moved;

E. That all yard and setback provisions are observed;

F. That, prior to occupancy, the building shall be brought up to the standards of the Building Code and laws of the City; and

G. That all the dedications and improvements required for streets and alleys necessary for access to the property upon which the building is to be located are provided in conformity with the standards of the City.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))