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Santa Maria City Zoning Code

CHAPTER 12

30 MOVING BUILDINGS

Section 12-30.01 Purpose.

The sections of this chapter establish regulations pertaining to the moving of buildings into and within the City in order to promote orderly development. This chapter shall not apply to manufactured homes or mobilehomes as defined by Section 18000 et seq. of the California Health and Safety Code.
(Prior Code § 10-90A; Ord. 83-1065 § 1, eff. 1/5/84; Ord. 2012-13, eff. 9/3/12)

Section 12-30.02 Procedure for moving buildings.

In all cases where a building having a gross floor area of more than 200 square feet is to be moved into the City and established on a parcel of land within the City, or is to be moved from place to place within the City, that is from one parcel of land to another parcel of land within the City, an administrative use permit therefore shall be required prior to removing the building from its existing foundation. It is unlawful for any person to move a building(s) into the City, or from place to place within the City without first obtaining a use permit for a building(s) move.
(a) 
For an administrative use permit for moving building(s), the destination site of the building to be moved is considered the project site for purposes of this chapter and for the application of growth mitigation fees.
(b) 
The Zoning Administrator shall be authorized to approve, conditionally approve, modify or deny administrative use permits for moving building(s) pursuant to the provisions of this chapter.
(c) 
Prior to removing the building from its existing foundation, an administrative use permit application shall be submitted to the Community Development Department for review and action by the Zoning Administrator.
(d) 
Application shall be made by the property owners of the project site and the origination site, or authorized agent, upon forms provided by the Community Development Department. The application shall provide the materials necessary to allow the Zoning Administrator to determine the project's conformance with the provisions of this Chapter, and to allow the Zoning Administrator to approve, conditionally approve, modify or deny the moving of a building(s) pursuant to the provisions of Section 12-35.207 (a) through (f) of this Title. The application materials shall include:
(1) 
A summary report of the inspection conducted by the building official or designee of the building(s) to be moved, to assure compliance to applicable building Codes;
(2) 
Plans of building(s) and proposed modifications including a plot plan showing the proposed location of the building(s) on the new lot and all proposed improvements such as: additional structures to be built, setbacks, landscaping, open space, driveways and any other improvements proposed to assure compatibility with adjacent land uses;
(3) 
Photographs of the building(s) (interior and exterior) and the proposed;
(4) 
A fungus and dry-rot report issued by a licensed inspector based on an inspection made within 30 days of the application for the permit.
(5) 
Plans and details necessary to document the building's conformance to architectural and aesthetic standards as specified by any applicable specific plan and as specified by the zone district in which the building is to be located;
(6) 
Plans and details necessary to document the building's architectural compatibility with the neighborhood in which the building is to be located;
(7) 
Plans and details necessary to document the compatibility of the building's quality of building materials and workmanship to other buildings in the vicinity.
(8) 
Plans depicting the proposed final condition of the origination site after the removal of the building, if the origination site is within the City.
(9) 
A Lot Book Report showing the current ownership for the building's origination property and a Title Report showing the current ownership for the project site.
(e) 
The Community Development Department shall charge and collect a Zoning Administrator use permit application filing fee for moving a building(s).
(f) 
The Zoning Administrator shall review the application for completeness. Once the application is determined to be complete, a Zoning Administrator public hearing will be scheduled within 30 calendar days.
(g) 
Notice of the time and place of the Zoning Administrator public hearing shall be given as follows:
(1) 
The notice shall include an address or general description of the project site and the origination site. The notice shall include a description of the proposed building relocation, including the building's origination site, proposed route of travel, and project site.
(2) 
The notice shall be given at least 10 calendar days before the public hearing.
(3) 
All notices shall be given by publication once in a newspaper of general circulation published and circulated in the City of Santa Maria, by posting of the property with the hearing notice, and by first-class mail to all owners of record of properties located within 300 feet of the project site, and to all owners of record of properties located within 300 feet of the origination site of the building. Any interested persons may appear at such public hearing and shall be heard.
(h) 
The Zoning Administrator shall hold a public hearing on the administrative use permit for a building(s) move. The Zoning Administrator may approve, conditionally approve, modify or deny an administrative use permit for moving a building(s) based upon the findings of Section 12-35.207 and this chapter. Notice of the Zoning Administrator action shall be mailed to the applicant and other person who has requested notice.
(i) 
The effective date of the approved, conditionally approved, modified or denied administrative use permit for moving a building(s) shall be in accordance with Section 12-35.209.
(j) 
An approved or conditionally approved administrative use permit for moving a building(s) shall be subject to the expiration, extension, revocation, and modification provisions of Section 12-35.200A.
(Prior Code § 10-90A.1; Ord. 83-1065 § 1, eff. 1/5/84; Ord. 2012-13, eff. 9/3/12)

Section 12-30.03 Permit conditions and other requirements.

The Zoning Administrator, in reviewing an administrative use permit for moving a building(s) into or from place to place within the City, shall place conditions on the application to assure that the project meets all applicable general use permit conditions pursuant to the provisions of Section 12-35.208, the provisions of this chapter, and such other provisions as necessary for the Zoning Administrator to make the findings required pursuant to the provisions of Section 12-35.207. The Zoning Administrator shall also find that the project will comply with the following requirements:
(a) 
Security and a legally binding agreement, in a form acceptable to the Zoning Administrator and the City Attorney, shall be deposited with the City to guarantee completion of the project within a period of time specified by the Zoning Administrator. Amount of the security shall be approved by the Zoning Administrator, and shall be based on a licensed contractor's estimate to complete the move and any other requirement of the conditions of approval. If the origination site is within the City, the amount of the security shall be sufficient to also guarantee the origination site shall be brought into conformance with the applicable provisions of Section 12-28A.02 prior to completion of the building(s) moved. The security shall be released by the City to the applicant following satisfactory completion of the building(s) moved in compliance with applicable zoning ordinances, building codes and conditions of approval of the administrative use permit. Upon written request by the applicant to the Zoning Administrator, the Community Development Department may authorize the release of a portion of the performance security upon the departments' acceptance of the satisfactory completion of a part of the improvements as the work progresses. In no case, however, shall the security be reduced to less than 10% of the total improvement security given for the faithful performance. The amount of reduction of the security shall be determined by the Community Development Department, but in no event shall the Community Development Department authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, or the conditions of the administrative use permit; and
(b) 
Maintain public liability insurance to protect against loss from liability for damages on account of bodily injuries, including death, and to protect against loss for liability or damages to any property caused directly or indirectly by the moving of the building. Such insurance policy shall be issued by a corporation authorized to engage in the insurance business in the state and shall be maintained in full force and for the duration of the project. The amount of liability insurance shall be based on consultation with the City's risk manager and approved by the Zoning Administrator, for adequate coverage. The provisions of this subsection shall not be construed as limiting in any way the extent to which the permittee may be held responsible for the payment of damages; and
(c) 
Deposit with the City a certificate of insurance coverage in the amounts set forth in subsection (b) of this section. Such certificate shall provide that the insurance thereby represented will not be canceled, reduced or allowed to expire unless written notice shall be sent to the City at least 30 days in advance of any such cancellation, reduction, or expiration, and shall name the City as an additional insured. All such insurance certificates shall be submitted to the City Attorney for approval before acceptance by the City.
(Prior Code § 10-10A.1(e); Ord. 83-1065 § 1, eff. 1/5/84; Ord. 2012-13, eff. 9/3/12)

Section 12-30.04 Appeals.

Any and all persons aggrieved by an action of the Zoning Administrator taken pursuant to the provisions of this Chapter may file an appeal from the action or part thereof; provided, that such appeal shall be in writing stating the reasons for the appeal and filed with the secretary of the Planning Commission within not more than 14 days following the action taken.
(Ord. 2012-13, eff. 9/3/12)