A. Purpose And Intent:
1. The purpose of this section is to promote the public welfare by maintaining the integrity and continuity of the urban fabric and economic vitality; establish standards and an orderly and predictable process for the demolition of buildings and structures in Farmington City; ensure that demolitions occur safely; protect utilities and other infrastructure from damage during demolition; provide for enforcement of timely completion of demolition and for improvement of property following demolition to ensure the site is not detrimental to the use and enjoyment of surrounding property; provide for enforcement and maintenance of property to avoid purposeful demolition by neglect; and encourage preservation of the city's housing stock.
2. A primary intent of Farmington City with respect to this section is to avoid demolition, or partial demolition, of buildings in a manner that disrupts the character and development pattern of established neighborhood and business areas. Accordingly, the city finds that it is in the public interest to require existing buildings to be maintained in a habitable condition until replaced by new construction, except as otherwise permitted by this code; avoid demolition of existing structures until a complete building permit application is submitted for new construction, except as otherwise provided in this section; and avoid creation of vacant demolition sites with minimal or no landscaping or other improvements.
3. To help achieve this purpose and intent, any demolition permit application for a demolition, or a partial demolition, shall conform to standards for building permit applications contained in this code; and provisions of the international building code related to demolitions, including, but not limited to, the international residential code. After all the information required by this section is received by the city, the community development department may consider an application for demolition or partial demolition.
B. Permit Required: It is unlawful to demolish, or partially demolish, any building or structure in the city, or cause the same to be demolished, without first obtaining a permit for demolition or partial demolition of each such building or structure from the city building official as provided in this section.
C. Application For Permit: To obtain a permit for demolition, or partial demolition, an applicant shall pay all applicable fees and submit an application in writing on a form furnished by the building official for that purpose. Each application shall:
1. Identify and describe the type of work to be performed under the permit;
2. State the address of the structure or building to be demolished;
3. Describe the building or structure to be demolished;
4. Identify the approximate date of commencement and completion of demolition;
5. Indicate if fences, barricades, scaffolds or other protections are required by any city code for the demolition and, if so, their proposed location and compliance;
6. State whether fill material will be required to restore the site to level grade after demolition and, if required, the approximate amount of fill material;
7. If the building or structure to be demolished contains any dwelling units;
8. State the proposed use of the premises following demolition. If new construction is proposed following demolition, state the anticipated start date and whether any development applications have been submitted to and/or approved by the City;
9. The permit shall be signed by the party or the party's authorized agent requesting the permit. A signature on the permit application constitutes a certification by the signee that the information contained in the application is true and correct;
10. The fee for a demolition permit application shall be as shown on the Farmington City consolidated fee schedule;
11. An excavation permit must be obtained, if applicable, prior to issuance of a demolition permit. (Ord. 2013-08, 4-16-2013)
D. Issuance Of Demolition Permit For A Main Building:
1. Except as otherwise provided in subsection D4 of this section, a demolition permit shall be issued only upon compliance with subsections D2 and D3 of this section, if applicable, and if:
a. A complete building permit application to replace the building or structure proposed for demolition has been submitted to the Community Development Department; and in the case of a replacement building for a dwelling, the building permit must be issued and the City must receive a cash, letter of credit, escrow, or property performance bond in a form acceptable to the City equal in amount to the valuation, as determined by the building official, of the replacement building, except for property bonds which must be at least equal in value to the subject property including any existing on-site accessory buildings (but need not exceed the value of the new building); or
b. The building official or Fire Marshal orders immediate demolition due to an emergency as provided in Uniform Code for the Abatement of Dangerous Buildings; or because the premises have been damaged beyond repair because of a natural disaster, fire, or other similar event; or
c. The building official or Fire Marshal authorizes immediate demolition because clearing of land is necessary to remove a nuisance as defined in Utah Code Annotated section 76-10-801 et seq., or its successor. (Ord. 2017-26, 10-3-2017)
2. Unless a building permit has been issued for one or more new buildings or structures located on the same site as the demolished building or structure, within thirty (30) days after demolition is completed, landscaping shall be installed on the property according to the standards set forth in chapter 7 of this title.
a. Timely and proper installation and maintenance of landscaping shall be assured by a bond filed with the City.
b. Required landscaping shall remain in place and shall be maintained until new construction is commenced on the subject property and may be removed to facilitate such construction. Thereafter, replacement landscaping shall be installed as may be required by this Code.
c. Notwithstanding the thirty (30) day requirement in this subsection D2, installation of landscaping may be delayed due to weather conditions so long as landscaping is completed within six (6) months after demolition and the property owner escrows funds sufficient to assure installation of landscaping as determined by the Community Development Department.
3. If the proposed demolition of the main building involves the demolition or partial demolition of any historic resource, contributing structure or a structure located in a historic district or on the Farmington City Landmarks Register, as provided in chapter 39, "Historic Buildings And Sites", of this title, or its successor, subsection E of this section shall apply.
4. Notwithstanding contrary provisions of this section, a demolition permit for a building or structure may be issued if the Community Development Director certifies that the land on which the building or structure is located:
a. (1) Is subject to a Master Plan that envisions redevelopment of the land unless removal of the building or structure is inconsistent with the Master Plan;
(2) Is being assembled for redevelopment purposes; and
(3) Is part of a larger area being joined to create one or more larger parcels of developable land in order to implement the Master Plan; or
b. If the demolition permit is for a dwelling that is not a multiple-family dwelling which:
(1) Is a nonconforming use as provided by relevant provisions of this title; or
(2) Is located on property for which an applicable Master Plan or the current zoning envisions exclusive nonresidential use; and
c. If a building permit for new construction is not issued within eighteen (18) months after demolition occurs pursuant to subsection G of this section, landscaping shall be installed as provided in subsection D2 of this section.
E. Historic Resources: If the proposed demolition involves the demolition or partial demolition of any historic resource, contributing structure, or a structure located in a district or on the Farmington City landmarks register, as provided in chapter 39, "Historic Buildings And Sites", of this title, or its successor, a demolition permit shall be issued only upon compliance with applicable provisions of that chapter or its successor.
F. Demolition By Neglect: A property owner shall not neglect a building or structure to the point that the building or structure fails to substantially conform to applicable standards of the State Construction Code and section 11-39-070 of this title.
G. Expiration: Unless there is substantial action under a demolition permit within one hundred eighty (180) days from the date of Zoning Administrator and/or building official approval, the permit shall expire. Substantial action shall be demonstrated by obtaining a demolition permit and demolishing the structure.
H. Revocations: Any violation of a demolition permit, any conditions thereof, or any requirement of this title, shall be grounds for the review and possible revocation of a demolition permit by the Zoning Administrator and/or building official.
I. Appeal:
1. An appeal of an action or decision of the Zoning Administrator made in the administration of this section shall be made to the land use appeal authority in accordance with chapter 3-7 of this code.
2. Any appeal of an action or decision of the building official made in administration of this section shall be appealed as set forth in title 10, chapter 8 of this Code, and as set forth in the International Building Code, including, but not limited to, the International Residential Code. (Ord. 2013-08, 4-16-2013; amd. Ord. 2017-26, 10-3-2017; Ord. 2023-65, 11-14-2023)