(a)

It is the general intent of this section to prevent the relocation of buildings such that the quality and character of the neighborhood into which a building might be moved is adversely affected.

(b)

No building may be moved, either intact or in a dismantled state, except in accordance with the following:

(1)

The intended use of the building must be a permitted use in the zone into which it is to be located.

(2)

All buildings or structures which are moved shall conform to the requirements, minimum standards and other provisions of the applicable state codes or the town's ordinances. See section 10-37. The owner/agent of the structure shall be responsible for coordinating the move with the police department, the fire chief and the utility companies (phone, cable and electric) to ensure the move will occur without incident. The building inspector shall receive a notice from each entity that the appropriate permits and arrangements have been made, and that a day certain shall be specified for the actual move.

(3)

Site preparation and all work performed incidental to moving and placing the building at its new location and all reconstruction of the building as may be necessary must conform to all applicable federal, state and local laws and regulations and shall be completed within six months following the issuance of a building permit to move the structure. For each calendar day beyond six months following the issuance of the building permit to move the structure that the work is not complete, the holder of the building permit shall be fined $50.00, each day to be considered a separate offense, the fine to be paid at the town hall. Should the work be delayed for a cause beyond the control of the permittee or contractor employed to do the work, the time shall be made in writing to the office of the building inspector, setting forth full particulars as to the cause of the delay. Determination as to whether sufficient cause exists to justify a time extension and the amount of any extension shall be made by the board of commissioners within 30 days of the request for an extension. If no extension is granted the town shall cause for the required bond to be paid to the town.

(4)

The exterior appearance of the building shall be made equal or superior to the general nature, quality and character of the neighborhood into which it is to be located. For purposes of this subsection, the term neighborhood shall be defined as those residences constructed on lots within the block contiguous to the lot on which the house is to be relocated, and shall specifically include those houses located within 200 feet of the lot on which the house will be located.

(5)

The owner/agent and/or contractor shall submit a building permit application, including evidence and plans demonstrating the intent of the applicant to comply with subsections (1) through (4) of this section. When the building inspector is satisfied that the application is complete and in compliance with subsections (1) through (4), he shall notify owners of property within 200 feet of the proposed new location individually by certified mail of the proposed move. Adjacent property owners shall have ten days from the date of mailing to respond to the proposed move.

(6)

When an application is submitted, the building inspector shall act on the application within 60 days after receipt of a completed application.

(7)

Buildings relocated within the town limits or extraterritorial jurisdiction shall be charged the currently required building permit fee as established in the schedule of fees. In addition to the required building permit and house moving fees, the applicant/owner shall provide a bond in the amount of one and one-fourth times the amount required to complete the move and to have the structure's certificate of occupancy (CO) obtained. The bond shall be payable to the Town of Ocean Isle Beach. A notarized price breakdown shall accompany the required bond and be reviewed by the building inspector prior to a permit being issued.

(8)

Prior to the issuance of a building permit, the person to whom the building permit is to be issued, shall furnish a security deposit in the currently required amount by a certified check made payable to the town. This security deposit shall cover any costs to the town for damage done to town property or for other expenses to the town resulting from the relocation of the building. Failure by the owner/agent to make proper notification as specified in subsection (9) of this section shall result in forfeiture of security deposit. Any balance of the security deposit remaining shall be refunded at the time the certificate of occupancy is issued. If the costs and expenses to the town exceed the security deposit, the applicant shall be liable for the payment of this additional amount.

(9)

Anyone moving a structure across the Odell Williamson Bridge shall pay a fee for such movement in the currently required amount. All movements must be coordinated between the building inspector and the police department. In any event, the police department shall receive 48 hours' advance notice of the intended crossing. Crossing the bridge will be prohibited during the months of June, July and August, all weekends (Saturday and Sunday) and holidays (New Year's Day, Good Friday, Easter Monday, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving, December 24 and 25). In emergencies, permission may be granted by the board of commissioners with the fee increased to cover manpower costs as determined by the town.

(10)

The mover shall show proof of liability insurance coverage in an amount equal to that required by the state department of transportation and motor vehicles, but in any event no less than $500,000.00.

(11)

The owner/agent shall notify all adjacent property owners by placing a sign with minimum dimensions of two feet by two feet and three-inch lettering on the lot the dwelling is being moved from and on the lot the dwelling is being relocated to when the application is submitted and must remain on the lots until the move is complete.

(12)

Prior to the issuance of a house moving permit, the town shall be paid all outstanding assessments, taxes and water and sewer bills due on the parcel from which the structure is being moved.

(13)

A certificate of occupancy shall not be issued until satisfaction of all conditions of this article have been met.

(Code 1983, § 7-2-1; Ord. of 3-13-2001(1); Ord. of 4-10-2001; Res. No. 2008-17, § 3, 6-10-2008; Res. 2008-17, 6-10-2008; Res. No. 2009-21, § 1, 8-11-2009)

The building inspector may approve an application for relocating a building outside the town's jurisdiction without notifying adjacent property owners. All other requirements including fees, security deposit, requests for extensions and site repairs will be strictly followed as in section 66-171. The security deposit or any remaining balance will be refunded upon final inspection by the building inspector.

(Code 1983, § 7-2-1; Ord. of 3-13-2001(1); Res. No. 2008-17, § 3, 6-10-2008)

(a)

Modular home permit applications shall include a staging area plan for motor vehicles carrying modular components. These plans shall be approved by the police chief and the building inspector. On the date of actual relocation, this move shall be coordinated with the building inspector, police chief, fire chief and utility companies to ensure that the move occurs without incident.

(b)

A certificate of occupancy shall not be issued until satisfaction of all conditions of this article have been met.

(c)

The owner/agent shall notify all adjacent property owners by placing a sign with minimum dimensions of two feet by two feet and three-inch lettering on the lot the dwelling is being moved from and on the lot the dwelling is being relocated to at least seven days in advance of the board of adjustment meeting and remain on the lots until the move is complete.

(Ord. of 3-13-2001(1))

In circumstances of emergency, where the building inspector has declared a structure to be unsafe, a permit to temporarily remove and relocate the structure to a vacant lot on the island may be secured from the building inspector under the following terms and conditions:

(1)

A homeowner shall provide written authorization from the owner of the vacant lot that the dwelling can be temporarily stored on the lot.

(2)

A homeowner may relocate the dwelling to the vacant lot for a period not to exceed 60 days while awaiting approval to permanently relocate the dwelling.

(3)

No dwelling will be allowed to be temporarily relocated during hurricane season. For the purpose of this section, hurricane season shall be designated to be that period between June 1 and November 30 of each year. Any houses temporarily located prior to hurricane season must be moved prior to June 1. The dwelling will be allowed to be moved off the beach and may be stored off the beach and returned after hurricane season has ended, provided the applicant can comply with the terms and conditions in section 66-171.

(4)

Any dwellings relocated pursuant to this section must be located at least 200 feet from any existing permanent dwelling.

(5)

Prior to the issuance of a house moving permit, the town shall be paid all outstanding assessments, taxes and water and sewer bills due on the parcel from which the structure is being moved.

(Code 1983, § 7-2-1; Ord. of 3-13-2001(1))