The regulations set forth in this chapter shall qualify or supplement the zone regulations elsewhere in this title. (Ord. 1997-26, 6-4-1997)

   A.   Size: No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area is less than the prescribed minimum.

   B.   Area, Dimension: No lot or parcel of land shall be divided or reduced in area or dimension so as to cause any required yard or open space to be reduced below that required by this title. No required yard or open space provided around any building for the purpose of complying with provisions of this title shall be used or considered as a yard or open space for any other building. (Ord. 1997-26, 6-4-1997)

Every part of a required yard shall be open to the sky, unobstructed, except as provided below:

   A.   Ornamental Features: Belt courses, sills and lintels or other ornamental features may project not more than eighteen inches (18") into front, rear and side yard spaces.

   B.   Cornices, Eaves, Gutters: Cornices, eaves and gutters may project into front, side or rear yard space not more than one- third (1/3) of the width of the minimum required side yard for the lot on which the building will be erected.

   C.   Chimneys, Porches, Etc.: Chimney breasts, unwalled and unroofed porches, terraces, balconies and steps, not over ten feet (10') long, may extend into any side yard, provided a setback of eight feet (8') between the side lot line and such appurtenances shall be maintained on one side and not less than six feet (6') on the other for inside lots and not less than six feet (6') from the side lot line on corner lots.

   D.   Fences: Fences, as provided in section 11-28-140 of this chapter, and signs, as provided in the city sign ordinance, may be erected in the required yard.

   E.   Building Accessories: Building accessories designed and intended to control light entering a building and being either a permanent or temporary part of such building may project five feet (5') into any front or rear yard space and three feet (3') into any side yard space; provided, that they are attached only to the wall of the main building. (Ord. 1997-26, 6-4-1997)

   A.   Main Building To Face Front: Regardless of the shape of any building lot, the full face of a building and the full width of required side yards shall be fully exposed to the street.

   B.   Reduction Of Front Yard: Where the ground elevation at a point fifty feet (50') from the front lot line and midway between the side lot lines differ by ten feet (10') or more from the curb level, the front yard setback need not exceed sixty seven percent (67%) of that required in the zone, but not less than twenty feet (20').

   C.   Double Frontage Lot: A double frontage or through lot shall have a front yard as required by the respective zone on each street on which it abuts.

   D.   Rear Yard Averaging In Residential: The zoning administrator may approve a variation in the required rear yard on a residential lotas follows: The average distance between the main structure and rear property line (measured from the rear corners of the main structure) shall be equal to the required rear yard (setback) in the zone in which the main structure is located, except that the distance measured at either corner shall not be less than twenty feet (20').

   E.   Rear Yard Reduction For Comer Lot: On comer lots where a garage containing not less than the required minimum number of usable off street parking spaces is attached to or constructed as an architectural and integral part of a dwelling, the rear yard of the lot may be reduced to not less than fifteen feet (15').

   F.   Setback Requirement For Institutional Uses: For any building that is an institutional use, including quasi-public and public uses, the setbacks shall be as follows: front setbacks shall be at least fifteen feet (15'); rear setbacks shall be at least ten feet (10'); and the side setbacks shall be the same as the underlying zone in which the building is located. (Ord. 2016-07, 2-16-2016; amd. Ord. 2021-12, 5- 4-2021; Ord. 2024-54, 10-15-2024)

   A.   Private Recreational Pool:

No accessory building or group of such buildings and no parking space in any residential zone shall cover more than twenty five percent (25%) of the rear yard space. (Ord. 2014-07, 3-4-2014)

Any portion of a main building or appendage thereof, or any such building constructed as an architectural and integral part thereof, which is designed, constructed or used for accessory use purposes shall be located as required for any other part of the main building. (Ord. 1997-26, 6-4-1997)

   A.   Scope: No maximum height regulation as stated in this title, except for stated exceptions, shall apply to prevent the construction of penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylight, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or televisions masts, except as specified in section 11-28-190 of this chapter, theater lofts, silos or similar structures above the stated height limits; provided, that no space above the height limit shall be allowed for the purpose of providing additional floor space, nor shall it provide for human occupancy.

   B.   Utility Buildings: Public and quasi-public utility buildings authorized in a zone may be erected to a height not exceeding sixty feet (60') if the building is set back from each otherwise established setback line at least one foot (1') for each additional foot of building height above the normal height limit required for the zone in which the building is erected. These standards may be reviewed and approved by the planning commission in conjunction with a conditional use application and may be adjusted either up or down. (Ord. 2015-15, 5-5-2015)

No dwelling shall be erected where more than ten percent (10%) of its main floor area is, or will be, below the finished surface grade. No basement houses shall be permitted. (Ord. 1997-26, 6-4-1997)

   A.   Purpose: This section is intended to provide guidelines for the approval of uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. Temporary uses have no inherent rights within the zone in which they locate. Temporary uses are characterized by their short term or seasonal nature and by the fact that they do not involve the erection of any substantial structures or require any other permanent commitment of the land.

   B.   Application And Fee:

      1.   Submittal: Application for temporary use approval shall be made to the city planner, on forms to be provided by the city, at least thirty (30) calendar days prior to the proposed event. The application for a temporary use permit shall be made by the owner of the affected property or the owner's duly authorized agent.

      2.   Fee: The application shall be accompanied by a nonrefundable fee as established in the consolidated fee schedule.

      3.   Business License: After approval of a temporary use permit, the applicant shall also obtain a business license for the proposed use.

      4.   Validity Of Approval: An approved temporary use permit shall be effective on the date of its approval. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the city planner effective immediately upon verbal or written notice for violation of the permit. Verbal notice shall be confirmed by written notice mailed within a reasonable time to the permit holder.

   C.   Required Information And Plans: The application shall be accompanied by the following information and plans:

      1.   Statement Of Event: A concise statement describing the proposed event, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on site security, provisions for on site parking, and other pertinent information necessary to adequately evaluate the application; and

      2.   Site Plan: A copy of a site plan drawn to a standard scale which is no greater than one inch equals twenty feet (1" = 20'), for the property which accurately represents existing conditions on the site, including entrances, exits, parking areas, driveways and existing structures, and which accurately shows the location of any proposed temporary structures such as tents, stands or signs.

   D.   Administrative Review Process:

      1.   Uses: The following uses may be reviewed and approved by the city planner:

         a.   Christmas tree lots;

         b.   Construction trailers;

         c.   Fireworks stands;

         d.   Model home shows;

         e.   Temporary offices;

         f.   Uses related to natural disasters;

         g.   Warehouse sales. (Ord. 2015-16, 5-26-2015)

      2.   City Planner Review: The city planner shall review the application and related materials and shall determine whether or not the proposal is in compliance with the general plan and all applicable codes, ordinances and specific standards for temporary uses as set forth herein. The city planner may request that the police chief and fire chief review and comment on applications where traffic control may be a significant issue. The city planner may also evaluate the application according to the process and standards contained in chapter 7 of this title, and request review and comments from the county board of health and/or other health related agencies.

      3.   Permit Issuance: A written permit shall be issued to the applicant after a determination of compliance has been made. Specific conditions to assure compliance may be attached to the permit.

      4.   Denial: An application may be denied if the city planner determines that the proposal does not comply with the standards established herein and that the public health, safety or welfare may be impaired by issuance of a permit. Denial of the application shall be communicated to the applicant in writing and shall state the reasons for denial.

      5.   Appeal: An appeal of any determination of the city planner may be made to the land use appeal authority in accordance with chapter 3-7 of this code.

   E.   Planning Commission Review: The following temporary uses require submittal of a conditional use application, which will be evaluated by the planning commission according to the process and standards contained in chapter 8 of this title:

      1.   Fairs, carnivals, rodeos, live entertainment, etc.;

      2.   Parking lot sales;

      3.   Promotional events;

      4.   Swap meets;

      5.   Temporary concrete and asphalt batch plants;

      6.   Other uses not specifically listed herein. (Ord. 2015-16, 5-26-2015)

   F.   Definitions:

   ARTS AND CRAFTS SHOWS: The display and sale of painting, sculpture, hand crafts and similar objects.

   CONSTRUCTION TRAILER: A trailer or other temporary structure, excluding sales and marketing uses located on the site of a construction project which is used as a contractor's temporary office or for storage of construction equipment during the actual time that construction is underway.

   GARAGE OR YARD SALE: An occasional sale conducted by a property owner at his/her place of residence which offers obsolete personal possessions for sale, but does not include items brought to the site for sale.

   PARKING LOT SALE: The sale of products outside, and removed from, a building which may be conducted by a permanent occupant of the site or by a transient merchant.

   PROMOTIONAL EVENTS: Means and includes carnivals, craft shows, mechanical and animal rides, or the display and/or sale of merchandise or products that are not typically sold or serviced on the site.

   RETAIL WAREHOUSE SALE: The sale of products or merchandise to the general public by a business established on a site in a manufacturing zone which does not operate a retail outlet as a normal element of its business operation.

   SWAP MEET: The retail sale or exchange of new, handcrafted or secondhand items conducted by a sponsor for not more than forty eight (48) hours and includes flea markets.

   TEMPORARY CARNIVALS AND FAIRS: The provision of games, eating and drinking facilities, live entertainment, animal exhibitions or similar activities outdoors, or in a tent or other temporary structure.

   TEMPORARY OFFICE: A model home within a development which serves as an office for the sale or lease of property in the development, or a temporary structure located on the site of a development project which serves as a temporary business office while a permanent office is under construction on the site.

   TEMPORARY SALES ACTIVITIES: The sale of products outside of, but in close proximity to, a building by a permanent occupant of a site and includes sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and similar sales.

   G.   General Standards: All temporary activities are subject to the following minimum standards:

      1.   Compatibility: The nature and intensity of the proposed use and the size and location of any temporary structures shall be planned so as to be compatible with existing development and uses in the area.

      2.   Changes To Site: Permanent changes to the site are prohibited. When the temporary use ends, the applicant shall restore the site to its original condition, including such clean up, washing and replacement of facilities as may be necessary, or, if applicable, shall complete site improvements according to the approved site development plan.

      3.   Structures: Tents, stands, trailers, mobile equipment and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and it is determined by the city planner that they will not impair the parking capacity, emergency access, or safe and efficient movement of pedestrian and vehicular traffic on or off the site.

      4.   Setbacks: Temporary buildings or structures shall conform to all area and setback requirements established for permanent buildings or structures for the zoning district in which the use is proposed. Temporary buildings or structures shall not be located in landscaped areas and shall be located to minimize adverse impacts of increased traffic on surrounding properties.

      5.   Conduct Within Required Yard: Temporary uses which do not include buildings or structures may be conducted within a required yard, provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access.

      6.   Parking Standards:

         a.   Temporary Areas: Temporary parking areas are allowed only during construction on a site. They must be removed, and the land restored to its original condition, prior to issuance of a certificate of occupancy for the construction.

         b.   Adequate Parking Required: Adequate off street parking for the proposed event shall be provided for the duration of the event. Determination of compliance with this requirement shall be made by the city planner, who shall consider the nature of the event and the applicable parking standards of this title. Consideration shall be given to the parking needs and requirements of permanent occupants of the site.

         c.   Reduction To Permanent Uses Prohibited: Temporary uses shall not reduce required parking spaces below the minimum required for permanent uses on the site.

         d.   Surface: Parking areas for the proposed use shall be surfaced with asphalt, concrete, gravel or other surface acceptable to the city planner.

      7.   Signs: Permanent signs are prohibited. The size and location of signs shall be in compliance with applicable provisions of the sign ordinance for the zone in which the use will be conducted. All signs shall be removed when the activity ends.

      8.   Sound Devices: No loudspeakers or other amplifying sound devices shall be used in conjunction with a temporary use unless specifically approved by the city planner.

      9.   Lighting: Outdoor lighting, if used, shall be subdued. All lighting shall be designed, located and directed so as to eliminate glare and minimize reflection of light into neighboring properties. Searchlights shall not be permitted.

      10.   Violation Of Approval: Temporary uses on sites where the primary use is a conditional use shall not violate the conditions of approval for the primary use.

      11.   Accessory To Approved Use; Merchandise: The event or sale shall be clearly accessory to or promotive of the permitted or conditional use(s) approved for the site. Only merchandise which is normally sold or stocked by the occupant(s) of the site shall be sold and/or promoted.

      12.   Insurance: The applicant shall provide to the city planner proof of liability insurance for the requested use, if necessary. This proof shall be submitted with the application.

      13.   Code Compliance: These provisions shall not be construed to exempt the operator from complying with applicable building codes, health codes or permit requirements established by other regulatory agencies or departments.

   H.   Uses, Specific Standards And Time Limits:

      1.   Residential Zones: Temporary uses in single-family and multiple-family residential zones shall comply with the standards, and are limited to the uses, specified below:

         a.   Hours Of Operation: The conduct of temporary uses in residential zones shall be limited to the hours between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.

         b.   Temporary Office In A Trailer: A temporary office in a trailer or other portable structure for the sale or lease of property in a subdivision or planned unit development (PUD) is prohibited.

         c.   Temporary Office In A Model Home: A temporary office for the sale or lease of property in a major subdivision or planned unit development (PUD) may be used until the last lot or unit in the development is sold. If the office is located in the area of the home intended for a garage, any alterations made to accommodate the office shall be removed, and the space shall be converted to function as a garage upon termination of the temporary office.

         d.   Construction Trailers: A construction trailer incidental to a specific construction project may be located on the site of such project. The trailer may remain for the duration of the project and shall be removed within thirty (30) days after substantial completion of the project. Storage of construction and related material and debris shall not be permitted in the public right of way. Temporary offices housed within construction trailers wherein a business or service for others are transacted are prohibited. Examples of such uses are accountant, architect, insurance sales, medical and dental, real estate sales, etc.

         e.   Public Gatherings: Fairs, carnivals, rodeos, live entertainment and other major public gatherings. Fairs, carnivals, rodeos, live entertainment and other similar major fundraising events or promotional events may be permitted for up to three (3) consecutive days at a site with an existing public or quasi-public use. Two (2) such events may be permitted per calendar year.

         f.   Model Home Shows: The viewing of model homes within a subdivision for a fee may be permitted for a period not to exceed two (2) weeks per calendar year.

         g.   Natural Disasters And Emergencies: Temporary activities and structures needed as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency.

      2.   Commercial And Industrial Zones: Temporary uses in commercial and industrial zones shall comply with standards, and are limited to the uses, specified below:

         a.   Hours Of Operation: The hours of operation for temporary uses in commercial and industrial zones shall be established at the time the use is approved.

         b.   Christmas Tree Sales Lots: A temporary use permit and business license shall be obtained for the display and open lot sale of Christmas trees, except where such display and sale occurs within a permanent outdoor sales area which is incidental and accessory to an approved conditional or permitted use. Christmas tree sales may occur only between Thanksgiving and December 25. All unsold trees shall be removed from the property, and the property returned to its original condition, by December 31 of each calendar year. A cash bond may be required to ensure performance of this requirement.

         c.   Construction Trailers: A construction trailer incidental to a specific construction project may be located on the site of such project. The trailer may remain for the duration of the project and shall be removed within thirty (30) days after substantial completion of the project.

         d.   Fairs, Carnivals And Other Major Public Gatherings: Fairs, carnivals and other similar major fundraising or promotional events may be permitted up to five (5) consecutive days on a site in a commercial or industrial zone. Two (2) such events may be permitted per calendar year.

         e.   Fireworks Stands: Retail sale of fireworks is permitted subject to provisions of the Farmington City business regulations. Duration of fireworks stands shall be specified and approved by the city planner.

         f.   Natural Disasters And Emergencies: Temporary activities and structures needed as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency.

         g.   Parking Lot Sales: Parking lot sales in zones where outdoor display is not otherwise allowed may be permitted for up to five (5) consecutive days at any one time.

         h.   Promotional Events: Promotional events shall not exceed five (5) consecutive days per event, two (2) of which shall be a Saturday and Sunday. There shall be no more than two (2) promotional events per calendar year per property.

         i.   Seasonal Produce Stands Offering Produce And Plants Not Grown On The Premises: Stands selling produce and plants which are not grown on the premises may be permitted for up to five (5) consecutive months each year. This category includes "farmers' markets".

         j.   Swap Meets: Swap meets may be permitted for not more than three (3) consecutive days not more than four (4) times per year. If an applicant proposes such events more frequently, the swap meet shall be considered a permanent use which shall require conditional use approval prior to issuance of a business license.

         k.   Temporary Concrete And Asphalt Batch Plants: Temporary concrete and asphalt batch plants may be allowed only as a conditional use requiring review and approval by the Planning Commission. Duration of such uses shall be approved by the Planning Commission.

         l.   Temporary Office: A temporary office for a business for which a permanent building is being constructed on a site may be approved and occupied until an occupancy permit is issued for the permanent building or for six (6) months, whichever comes first. The temporary office shall be located on the same site as the future permanent building but shall not be moved onto the site until a building permit is issued for the permanent building.

         m.   Warehouse Sales: In industrial zones, retail warehouse sales are allowed for up to five (5) days at any one time.

      3.   Time Between Activities: Except for construction trailers and temporary offices, the time between temporary activities shall be a minimum of five (5) times as long as the duration of the last event. (Ord. 1997-26, 6-4-1997)

   I.   Exempt Uses: The following temporary uses are exempt from the provisions of this section:

      1.   Nonprofit Fundraising: Fundraising events of nonprofit organizations which last not more than three (3) consecutive days, including such things as bake sales or car washes, but not including larger events such as outdoor carnivals, swap meets, or arts and crafts sales;

      2.   Temporary Sales Activities: Temporary sales activities involving the display of new retail products on the site of the business which sells such products, provided the display area is within ten feet (10') of the main building, does not exceed thirty (30) square feet and six feet (6') in height, and does not extend into a public right-of-way or occupy required parking spaces or landscaped areas;

      3.   Garage, Yard Sales: Garage sales, yard sales or boutiques that occur not more than four (4) times a year, with each event lasting not more than seventy two (72) hours;

      4.   Seasonal Fruit, Vegetable Stands: Seasonal fruit and vegetable stands selling produce grown on the premises are permitted subject to compliance with other applicable provisions of this title and the sign ordinance;

      5.   Community Events: Community events which are sponsored and/or approved by the City;

      6.   Other Approved Exemptions: Other exemptions as specifically approved in writing by the City Manager. (Ord. 1997-26, 6-4-1997; amd. Ord. 2015-16, 5-26-2015; Ord. 2018-18, 5-15-2018; Ord. 2023-65, 11-14-2023)

The removal of native materials from any property in any zone may be permitted as a temporary use; provided, that the primary purpose of such removal is to improve the land, that an excavation permit shall be obtained from the Zoning Administrator after paying a fee, and that the following conditions be met. The provisions of this section do not refer to sand and gravel excavation operations. For sand and gravel excavations, see chapter 33 of this title.

   A.   Erosion Control Measures: Erosion control measures shall be taken on the site to minimize the increased solids loading in runoff from such areas. All erosion control measures shall be constructed as part of the first site improvements.

   B.   Revegetation: As all or portions of the operation are completed the site shall be revegetated with plant materials appropriate to maintaining soils stability and the visual quality of the area.

   C.   Nuisances Eliminated: The operation shall be conducted in such a way as to eliminate any nuisance (including noise, dust, hours of operation, etc.) to the residents of the area. (Ord. 2009-49, 10-6-2009)

   D.   Grades: The grades of slopes left by the operations shall not exceed the normally accepted angle of repose.

   E.   Material Processing: There shall be no processing of materials on site.

   F.   Length Of Operation: A maximum length of operation may be imposed by the zoning administrator should it be deemed necessary.

   G.   Bond: The operation shall be required to post a bond to assure rehabilitation of the site. (Ord. 1997-26, 6-4-1997)

   A.   Side, Rear Yards: No fence, wall, hedge or similar device shall be constructed or placed in any required side or rear yard in a residential area in excess of eight feet (8') in height. Where a retaining wall is reasonable and necessary and is located on a property line separating two (2) lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

   B.   Front Yard: No fence, wall, hedge or similar opaque device or open, mesh type fences (e.g., chain link fences) shall be constructed in a required front yard of a residential area in excess of four feet (4').

   C.   Side Corner Yard:

      1.   Maximum: The maximum height of a fence, wall, hedge or similar device constructed in the side corner yard of a corner lot in a residential area shall be six feet (6') and shall not be constructed closer than eight feet (8') to the property line at the street frontage.

      2.   Modification: The zoning administrator may modify the requirement of the eight foot (8') setback or the four foot (4') front yard height limit where it can be demonstrated that the construction of a fence, wall, hedge or similar device closer to the property line at the street frontage, will not adversely affect the safety of pedestrians nor obstruct the view of or impact the safety of vehicular traffic or adversely affect adjacent properties. The zoning administrator, in his evaluation of the impact of the proposed fence, wall, hedge or similar device, shall consider location of driveways, adjacent sidewalks, street widths and rights of way, circulation visibility and overall streetscape aesthetics. (Ord. 1997-26, 6-4-1997; amd. Ord. 2006-28, 4-19-2006; Ord. 2023-56, 9-19-2023)

In all zones with a required front yard, no material obstruction to view between a height of two feet (2') and ten feet (10') above the level of the curb shall be permitted on any corner lot within a triangular area formed by the street property lines and a line connecting them between points thirty feet (30') from the intersection of the two (2) street property lines. (Ord. 1997-26, 6-4-1997)

No yard in a residential area shall be used for the storage of junk, building materials, debris, obsolete or abandoned vehicles, or equipment. All such materials shall be stored completely within an enclosed building. (Ord. 1997-26, 6-4-1997; amd. Ord. 2021-01, 1-19-2021; Ord. 2023-56, 9-19-2023)

No building, electrical or plumbing permit shall be issued for any building or structure, and no conditional use permit or site plan approval shall be given, if the property in question abuts a public street, unless one of the following three (3) alternative requirements is satisfied with respect to the property in question. Which of the alternatives is selected for specific property shall be decided by the city administration, after the owner or developer of the property in question has received an opportunity to express their preference. For purposes of this section, the “property in question” includes all real property adjacent to the site to be developed, which is owned by the same person, or by a corporation or other entity in which that person has an interest, or by a relative, partner, agent or trustee of that person. The alternative requirements are as follows:

   A.   Alternative A: The property in question has curb, gutter and sidewalk along the full length of the side abutting the public street.

   B.   Alternative B: The property owner in question agrees in writing to provide curb, gutter and sidewalk along the full length of the side abutting the public street, and that agreement is secured by a deposit in a Utah bank, which deposit the city may withdraw in the event of a default by the owner or developer. The amount of the deposit shall equal the city engineer's estimate of the cost of installing curb, gutter and sidewalk as required, together with an additional ten percent (10%) of that amount to cover contingencies. The agreement and deposit shall be substantially similar to the agreements and deposits used by the city for subdivision improvements.

   C.   Alternative C: The owner of the property in question enters into a satisfactory written agreement that runs with the land that grants a temporary extension of time for which to complete the required improvements, conditioned upon and subject to the promised future performance by the owner. If the owner fails to make said requirements, at no cost to the city, within ninety (90) days after having been requested in writing by the city to do so, the city may construct and install the required improvements and charge the cost thereof to the owner. Any such charge shall constitute a lien on the property. (Ord. 1997-26, 6-4-1997)

   A.   Dwellings: In addition to the requirements set forth in this title, all dwellings within Farmington City shall comply with the following:

      1.   Federal Standards: The dwelling must be constructed in accordance with the building codes, as adopted and amended by the city, or be certified under the federal manufactured housing construction and safety standards act (HUD code) and approved and issued an insignia by the U.S. department of housing and urban development. If the dwelling is certified by the department of housing and urban development, the dwelling or additional structures may not be modified in violation of the HUD code or the building codes, as adopted and amended by the city, whichever is applicable to the modification. (Ord. 1997-26, 6-4-1997)

      2.   Real Property: The real property and the home thereon must be held in common ownership and taxed as real property with an affidavit filed with the state tax commission in accordance with Utah Code Annotated section 70D-2-401, as amended. (Ord. 1997-26, 6-4-1997; amd. 2016 Code)

      3.   Permanent Foundation: The dwelling must be adequately installed and secured to a permanent concrete foundation in accordance with the building codes, as adopted and amended by the city, or the installation standards as defined in title 10, chapter 2 of this code, whichever is applicable. If the dwelling is installed in accordance with the installation standards, the dwelling may not sit more than twelve inches (12") above grade.

      4.   Utilities: The dwelling must be permanently connected to and approved for all required utilities.

      5.   Enclosure: Any space beneath the structure must be enclosed at and secured to the perimeter of the dwelling and constructed of materials that are weather resistant and aesthetically consistent with concrete or masonry foundation materials.

      6.   Removal Of Equipment: All running gears, tongues, axles and wheels must be removed from the dwelling at the time of installation. Each exit door of the dwelling must contain a landing that is a minimum of thirty six inches by thirty six inches (36" x 36"), constructed in accordance with the building codes, as adopted and amended by the city.

      7.   Exterior Siding: Exterior siding and trim materials shall consist of durable, weather resilient materials approved for dwelling construction in the building codes, such as masonry, stucco, wood, vinyl and steel or aluminum residential siding. In no case may corrugated metal or plastic type covering be used on a dwelling. (Ord. 1997-26, 6-4-1997)

      8.   Garages: All dwelling units shall be provided with a garage or carport having a minimum interior width of twelve feet (12'), constructed concurrently with the dwelling and in accordance with the building codes, as adopted and amended by the city. (Ord. 2006-28, 4-19-2006)

      9.   Roof: The roof overhang must be at least twelve inches (12") measured from the vertical side of the dwelling.

   B.   Alterations: The city zoning administrator may, in his or her sole discretion, approve deviations from one or more of the development or architectural standards set forth in subsections A5 through A9 of this section, upon sufficient showing and finding that the proposed alteration is compatible and harmonious with existing or proposed structures in the area and meets or exceeds the building codes, as adopted and amended by the city or the HUD code, whichever is applicable. (Ord. 1997-26, 6-4-1997; amd. Ord. 2021-01, 1-19-2021)

   A.   Purpose: The purpose of this section is to address planning issues brought on by the rapid growth in demand for low power radio services. This section distinguishes low radio from other broadcasting type telecommunication technologies and establishes provisions that deal with issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility siting.

   B.   Definitions: The following definitions are specific to this chapter:

   ACCESSORY EQUIPMENT: Any equipment serving or being used in conjunction with a facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

   ANTENNA: Any equipment or device used to receive or transmit electromagnetic waves for the provision of personal wireless services, including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, remote radio heads, small cell antennas, antennas for distributed antenna systems, panels, microwave and satellite dishes and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

   DISTRIBUTED ANTENNA SYSTEM (DAS): A distributed antenna system network consisting of one or more nodes connected by a fiber system to a carrier’s base transceiver station or other location commonly referred to in the communications industry as an “eNodeB” or “NodeB” or similar designation.

   EXISTING STRUCTURE: Previously erected support structure or any other structure, including, but not limited to, base stations, buildings, water tanks, transmission towers, poles, signs or similar structures to which facilities can be attached.

   FACILITY: Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information, including, but not limited to, personal wireless services, cellular telephone service, personal communications service (PCS) and paging service. A facility can consist of one or more antennas and accessory equipment or one base station, a small cell network or distributed antenna system, or any node, attachment or facility and associated equipment.

   LATTICE TOWER: A self-supporting multiple sides, open steel frame structure used to support telecommunications equipment.

   LOW POWER RADIO SERVICES FACILITY: An unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

   MONOPOLE: A single cylindrical steel or wooden pole that acts as the support structure for antennas.

   MONOPOLE WITH ANTENNAS AND ANTENNA SUPPORT STRUCTURE GREATER THAN TWO FEET IN WIDTH: A self-supporting monopole tower on which antennas or an antenna structure exceeding two feet (2') in width are placed. The antennas and antenna support structures may not exceed thirteen feet (13') in width or eight feet (8') in height.

   MONOPOLE WITH ANTENNAS AND ANTENNA SUPPORT STRUCTURE LESS THAN TWO FEET IN WIDTH: A monopole with antennas and antenna support structure not exceeding two feet (2') in width. Antennas and antenna support structures may not exceed ten feet (10') in height.

   PERSONAL WIRELESS SERVICES: Commercial wireless services, unlicensed wireless services and common carrier wireless exchange access services.

   ROOF MOUNTED ANTENNA: A roof mounted antenna is an antenna or series of individual antennas mounted on a flat roof, mechanical room or penthouse of a building.

   SMALL CELL NETWORK: Shall mean, but is not limited to, any radio access node (RAN) consisting of equipment which may include, but is not limited to, distributed antenna system (DAS), picocells, remote radio heads (RRH), distributed radio access nodes (DRAN) and other similar technologies as may exist now and into the future. A small cell “node” is an equipment enclosure containing active radio components, concealment/”stealthing” (but excluding any associated electric meters, grounding equipment, power supply, power transfer switch and cutoff switch), radio transceiver and such other facilities and associated electronics as meet generally accepted industry standards or federal communications commission (FCC) rules, regulations and/or guidelines for small cell facilities.

   STEALTH FACILITY: Any facility that is integrated as an architectural feature of an existing structure or changes a support structure design so that the purpose of the facility or support structure for providing wireless services is not readily apparent.

   SUPPORT STRUCTURE: A structure designed to support facilities, including, but not limited to, monopoles, vertical facilities, utility poles and other freestanding self-supporting structures.

   WALL MOUNTED ANTENNA: An antenna or series of individual antennas mounted against the vertical wall of a building.

   WHIP ANTENNA: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed. (Ord. 2016-07, 2-16-2016)

   C.   Low Power Radio Services Facility: The requirements of this section apply to both commercial and private low power radio services such as “cellular” or “PCS” (personal communications system) communications and paging systems. All facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the federal communications commission and the federal aviation administration.

   D.   Coverage Plan Required: A coverage plan site specific to the application shall be submitted by each company desiring placement of wireless telecommunications facilities. The coverage plan shall be submitted and accepted by the planning commission prior to the processing of any permits for permitted or conditional use locations. The coverage plan shall show approximate future locations that may be needed within a twenty four (24) month period from the date of approval by the planning commission of facilities in adjoining areas and/or communities, and provide specific locations when possible, but are not required to detail the specific type (i.e., pole, roof, wall mount) of facility. (Ord. 1997-26, 6-4-1997)

   E.   Permitted And Conditional Uses: The uses specified in table 1 of this section are allowed; provided, that they comply with all requirements of this section marked wireless telecommunications facilities. (Ord. 1997-26, 6-4-1997; amd. 2016 Code)

      1.   Previously Approved Site: Antennas to be located on any previously approved communication site, as allowed herein, may be allowed as a permitted use.

      2.   Residentially Zoned Areas: All types of wireless telecommunications facilities are prohibited in residentially zoned areas, except as may be permitted with a conditional use permit upon or within any institutional use, regardless of the zoning designation. These institutional uses include, but are not limited to, churches, well sites, water tanks, city parks, city buildings (fire, police, city hall), public schools, quasi-public schools and similar and compatible uses.

   F.   Facility Types: Low power radio service facilities are characterized by the type or location of the antenna structure. There are the following general types of such antenna structures: wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structure less than two feet (2') in width; monopoles with antennas and antenna support structure greater than two feet (2') in width; and lattice towers. Standards for the installation of each type of antenna are as follows:

      1.   Wall Mounted Antenna: The following provisions apply to wall mounted antennas:

         a.   Wall mounted antennas shall not extend above the wall line of the building or extend more than four feet (4') horizontally from that face of the building.

         b.   Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structure on buildings should be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure.

         c.   Antennas mounted directly on existing parapet walls, penthouses or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna.

      2.   Roof Mounted Antenna: The following provisions apply to roof mounted antennas:

         a.   Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided the antennas and antenna support structures are enclosed by a structure that creates a visual screen. The screening structure, antennas and antenna mounting structures shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

         b.   For antennas not mounted on a penthouse or mechanical equipment room, the antennas shall be mounted at least five feet (5') from the exterior wall of a building. For antennas mounted between five (5) and ten feet (10') from the exterior wall, the maximum height of a roof mounted antenna is directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached.

Antennas shall be mounted at least five (5) and ten feet (10') behind a parapet wall. For antennas mounted between five (5) and ten feet (10') behind a parapet wall, the maximum height of the antenna is directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall. The antennas shall not exceed more than fifteen feet (15') above the roofline of the building itself unless approved as a conditional use.

         c.   Roof mounted antennas are permitted only on a roof and shall be screened, constructed and/or colored to match the structure to which they are attached.

      3.   Monopole With Antennas And Antenna Support Structures Less Than Two Feet In Width: The total antenna structure mounted on a monopole shall not exceed two feet (2') in width. The maximum height of such antenna shall not exceed ten feet (10') in height. No such antenna shall be located within two hundred feet (200') of a residential zone.

      4.   Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width: The maximum visible width of antennas and antenna mounting structures shall not exceed eight feet (8') in height or thirteen feet (13') in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure. No such monopole shall be located within two hundred feet (200') of a residential zone.

      5.   Lattice Tower: Lattice towers are not permitted.

   G.   Height Limit: The height limit is up to one hundred feet (100') or up to one hundred twenty feet (120') if approved as a collocation. Each pole location requires a separate conditional use permit.

   H.   Collocation: For those service providers who desire to collocate upon an existing pole, they may do so as a permitted use; provided, that the initial installation received a conditional use permit. The new facility shall comply with all other provisions relating to site development, landscaping, security, etc., as provided herein.

   I.   Location And Minimum Setbacks: Monopoles with antennas and antenna support structure less than two feet (2') in width and monopoles with antennas and antenna support structure greater than two feet (2') in width, shall be allowed only in the rear yard area of any commercial or industrial lot. These structures shall not be located in a required landscaped area, buffer area or required parking area.

   J.   Area Limitations For Wall And Roof Mounted Antennas: A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building per carrier. A maximum of four (4) walls shall be occupied by cellular antennas. The total area is the sum of the area of each individual antenna face the visible portion of the support structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall. Up to three (3) carriers may utilize each building side for a maximum of four (4) sides. Each carrier must obtain a separate conditional use permit.

   K.   Additional Conditional Use Requirements: In addition to conditional use standards outlined in conditional uses, the following shall be considered by the planning commission:

      1.   Compatibility: Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.

      2.   Collocation: Whether collocation of the antenna on other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly impacting antenna transmission or reception.

      3.   Best Visual Screening: The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening.

      4.   Spacing: Whether the spacing between monopoles creates quantifiable detrimental impacts to adjoining properties.

      5.   Setbacks: The planning commission may reduce the required setback from a residential zone if practical difficulties are demonstrated by the applicant (i.e., city park location, public buildings, etc.), or upon detailed demonstration by the application that the proposed facility can be effectively screened from the view of nearby sensitive land uses.

   L.   Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot (6') vinyl coated chainlink fence or other fencing as approved or required by the planning commission. There shall be no climbing pegs located on the lower twenty feet (20') of the monopole. All power lines on the lot leading to the accessory building(s) and antenna structure shall be underground.

   M.   Historic Districts: Any antenna proposed for a location within a historic district or on a landmark site is subject to approval through the historic preservation commission and planning commission.

   N.   Antennas And Mounting Structures On Or Over A Public Right Of Way: Antennas and mounting structures encroaching on or over the public sidewalk or on or over a public right of way shall be subject to obtaining permission from the city pursuant to the city’s rights of way encroachment policy.

   O.   Nonmaintained Or Abandoned Facilities: The zoning administrator may require each nonmaintained or abandoned low power radio services antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty (30) calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure. (Ord. 1997-26, 6-4-1997)

   P.   Small Cell Networks, DAS And Similar Networks: Small cell networks, DAS and similar networks may exceed the maximum building height limitations within a zoning district, provided they do not constitute a substantial change. These types of facilities shall not exceed fifty feet (50') in height unless such height increase is approved by the planning commission as part of a conditional use application.

      1.   Site Plan Requirements: Site plans shall detail proposed improvements which comply with Farmington City’s existing site plan requirements. Drawings must depict improvements related to the requirements listed in this section, including property boundaries, setbacks, topography, elevation sketch, and dimensions of improvements.

      2.   Lighting: Facilities or support structures shall not be lighted or marked unless required by the federal communications commission (FCC), the federal aviation administration (FAA) or other applicable governmental authority.

      3.   Signage: Signs located at the facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by the applicable governmental authority. Commercial advertising is strictly prohibited.

      4.   Landscaping: In all zoning districts where these facilities are allowed, the Planning Commission shall have the authority to impose reasonable landscaping requirements surrounding the accessory equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The Planning Commission may elect to waive landscaping requirements for sites that are not visible from the public right-of-way or adjacent property, or in instances where, in the judgment of the Planning Commission, landscaping is not appropriate or necessary. (Ord. 2016-07, 2-16-2016)

   TABLE 1

   SUMMARY OF PERMITTED AND CONDITIONAL USES

Key:

N = Not permitted

P = Permitted

C = Conditional use

! = Allowed only on nonresidential structures

# = Allowed only on school, church, or other institutional uses, if disguised

 

Note:

(Ord. 2017-13, 5-16-2017)

   A.   Purpose: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are:

      1.   Minimal Impacts: To accommodate such housing in residential neighborhoods with minimal impacts on the neighborhood in terms of traffic, noise, parking, congestion, proximity to neighboring dwelling units, and compatible scale and appearance of residential buildings.

      2.   Decline In Quality: To prevent the proliferation of rental dwellings, absentee ownership, Building Code violations and associated decline in quality of residential neighborhoods.

      3.   Terms And Conditions: To set forth standardized terms and conditions for ADUs and procedures for review and approval of the same.

   B.   Applications. Applications for an IADU shall be submitted and reviewed by the Planning Department.

   C.   Allowed Use: ADUs may be an allowed use as designated by the underlying zone(s) found in this title.

   D.   Standards: The following standards and conditions shall apply to all ADUs, and Detached Accessory Dwelling Units (DADUs) or Internal Accessory Dwelling Units (IADUs) as specified, in addition to any terms and conditions of approval as imposed by the Planning Department or the Planning Commission during the permitted use, conditional use permit, or subdivision process:

      1.   Location, Height, and Footprint: An ADU shall only be allowed as part of, or in conjunction with, a single-family dwelling, and DADUs shall meet the height and building footprint area standards of the underlying zone for accessory buildings.

      2.   Number: A maximum of one ADU shall be allowed per single-family dwelling except as provided for in subparagraph F below. An ADU shall contain no more than one dwelling unit.

      3.   Parking: At least one off-street parking stall shall be provided for the ADU. Such parking stall must be in addition to all off street parking requirements for the primary single-family dwelling on the lot and shall conform with the City parking standards specified in this title.

      4.   Size: DADU shall be equal to or subordinate to the footprint of the original Single-family dwelling. An IADU shall be equal to or subordinate to the floor area of the original single-family dwelling.

      5.   Lot Size:

         a.   The creation of an IADU is prohibited if the lot size\containing the primary dwelling is less than six thousand (6,000) square feet in size.

         b.   The creation of a DADU is prohibited if the lot containing the primary dwelling is less than ten thousand (10,000) square feet in size.

      6.   Construction Codes: The ADU shall comply with all Construction, Housing and Building Codes in effect at the time the ADU is constructed and shall comply with all procedures and requirements of the City building regulations.

      7.   Foundation: The ADU must be adequately installed and secured to a permanent concrete foundation in accordance with the building codes, as adopted and amended by the city.

      8.   Occupants: The ADU shall be occupied exclusively by one family.

      9.   Occupancy: Either the single-family dwelling or the ADU shall be owner occupied.

      10.   Temporary Absentee Ownership:

         a.   Temporary absentee property ownership may be allowed due to circumstances, such as military assignments, employment commitments, family obligations and quasi-public service.

         b.   Notwithstanding the foregoing, the maximum time period allowed for temporary absentee property ownership shall not exceed twelve (12) months. In the event such temporary absentee property ownership occurs, the property owner may rent both the ADU and the primary dwelling to unrelated third parties as defined herein.

         c.   The zoning administrator may extend the twelve (12) month temporary absentee owner period when the property owner can provide sufficient evidence that the circumstances justifying the exception will last longer than one year. The zoning administrator may not authorize a temporary absentee ownership unless the application includes a definite termination date of the temporary absence.

         d.   An unrelated third party is any person who is not related to the primary owner of a dwelling within 3 degrees of consanguinity.

         e.   This subsection does not prohibit the occupation of a primary dwelling or ADU by a related party, or a domestic partner of the property owner, during a period of the property owner’s absence.

      11.   Notice Of ADU: Farmington City may record a notice in the office of the Davis County Recorder on the lot in which the ADU is located. The notice shall include:

         a.   A statement that the lot contains an ADU; and

      b.   A statement that the ADU may only be used in accordance with the City’s regulations.

   The City shall, upon recording the notice deliver a copy of the notice to the owner of the ADU.

      1.   SSF: A Subordinate Single-Family dwelling (SSF) is a DADU held in separate ownership from owner of the single-family dwelling, which ownership includes land separate from the single-family dwelling.

      7.   Certificate of Occupancy: A property owner, or the City, shall not record a subdivision to enable an SSF until the City has issued a certificate of occupancy for the SSF, unless a deed restriction, acceptable to the City, is recorded concurrent with the newly created vacant lot which states:

         a.   The owner may establish a DADU thereon so long as both lots are held under one ownership, meet DADU Parcel requirements, and the owner must live on-site in either the DADU or the single-family dwelling; and

         b.   Any future SSF on the lot must meet all related requirements, included but not limited to SSF Occupancy standards.

(Ord. 2018-18, 5-15-2018; amd. Ord. 2020-07, 5-5-2020; Ord. 2021-25, 9-21-2021; Ord. 2023-40, 6-20-2023; Ord. 2024-41, 7-16-2024; Ord. 2024-62, 12-17-2024)

Small auto dealerships may be allowed as a conditional use in business/commercial zones as designated by this title.

   A.   Purpose: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are:

      1.   Minimal Impacts: To accommodate such dealerships in commercial areas with minimal impacts on the area in terms of compatible scale and appearance.

      2.   Incompatibility: To prevent the proliferation of incompatible auto dealerships.

      3.   Terms And Conditions: To set forth standardized terms and conditions for small auto dealerships and procedures for review and approval of same.

   B.   Conditional Use Permit: Small auto dealerships may be permitted as a conditional use in the BR Zone. Applications for small auto dealerships shall be submitted and reviewed as a conditional use permit in accordance with chapter 8 of this title.

   C.   Standards: The following standards and conditions shall apply to all small auto dealerships, in addition to any terms and conditions of approval as imposed by the Planning Commission during the conditional use permit process.

      1.   Location: A small auto dealership may only be allowed as part of a compatible existing business not exclusively car sales and shall be subordinate to such business.

      2.   Size: Small auto dealerships shall have no more than three (3) cars displayed for sale at any one time.

      3.   Buildings: No exterior architectural or structural modifications shall be made to any building to accommodate small auto dealerships.

      4.   Business Sign: One sign advertising the business may be permitted, but shall not be greater than the square foot minimum area required by state law and shall otherwise be compliant with Farmington City sign ordinances.

      5.   Traffic: The auto dealership shall not generate substantially greater vehicle traffic than commonly associated with other activities in the area.

      6.   Accessory Use: The use may only be permitted as an accessory use to an established business and shall never be the primary use. In other words, the small auto dealership sales shall be clearly incidental, compatible, customarily appropriate and subordinate to the main use of the property.

      7.   Appearance: Small auto dealership sales should be conducted in such a way that passersby would not, under normal circumstances, be aware of its existence.

      8.   Signs: Any sign, except for the one approved sign for the business, including any advertising message, announcement, declaration, demonstration, illustration, insignia, surface or space erected or maintained in view of the public street for identification, advertisement or promotion of the interests of any person, entity, event, product or service shall be expressly prohibited. This definition shall also include sign structures, supports, lighting systems and any attachments, ornaments or other features designed to attract the attention of observers.

      9.   Property Size: Small auto dealerships may only be permitted on property one-half (1/2) acre or greater in size.

      10.   Limited Display: The car dealership shall be limited to displaying cars used by or in connection with the business.

   D.   Site Development: Upon approval of a conditional use permit for a small auto dealership, an application for site development shall be submitted in accordance with the provisions of chapter 7 of this title. (Ord. 2003-31, 8-6-2003)

Class A self-storage is a type of self-storage that requires maximum design standards. Class A self-storage may only be allowed as a conditional use in various zones as designated in this title. Applications for class A self-storage shall be submitted and reviewed as a conditional use permit in accordance with chapter 8 of this title.

   A.   Purpose: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are:

      1.   Minimal Impact: To accommodate such self-storage with minimal impact in commercial and mixed use areas in terms of compatible infill, scale, design and appearance of buildings.

      2.   Terms And Conditions: To set forth standardized terms and conditions for class A self-storage and procedures for review and approval of the same. (Ord. 2006-57, 8-15-2006)

   B.   Standards: The following standards and conditions shall apply to all class A self-storage developments, in addition to any terms and conditions of approval as imposed by the planning commission during the conditional use permit process:

      1.   Location: Class A self-storage is an ancillary commercial use and shall be located on secondary commercial sites or small pockets of land that are not quality commercial or residential sites. Class A self-storage shall not prevent the development of, or displace, higher, better and more intense commercial uses typically found on primary sites adjacent to high traffic major streets on visible and accessible building lots. Nevertheless, they should be located near high traffic areas close to residences and businesses and/or on sites which may be visible but not accessible.

      2.   Architectural: Projects must have distinguished architectural features, including commercial building rooflines, building and color variation. Exteriors walls should be concrete masonry, brick or architectural steel paneling, as approved by the planning commission, and any view of roll up doors should be kept to a minimum. (Ord. 2016-13, 5-17-2016)

      3.   Fencing: All fencing must be decorative. It can be stamped masonry, wrought iron or a mixture of both.

      4.   Outside Storage: No outside storage, including, but not limited to, RVs or vehicles shall be allowed.

      5.   Landscaping: A minimum of twenty percent (20%) of the gross area of the site shall be landscaped. The twenty percent (20%) landscaping requirement should blend well with the fencing and solid masonry walls that may surround the project. Special attention should be given to landscaping in the high traffic and visible areas of the project as well as covering large and long exterior masonry walls.

      6.   Management Office: Class A self-storage shall include a professionally designed office for on site management purposes. The office should include ADA accessible restrooms and may have a retail sales area. It should blend in with the design of the project and neighboring business.

      7.   Operations: All business operations should be conducted using approved commercial property management standards. Security features should include digital video, electronic gate access and individual door alarms.

      8.   Other: Facilities should include climate control units, and offer multiple services to its tenants. Limited access hours shall be required to reduce late night noise.

   C.   Site Development: Upon approval of a conditional use permit for a secondary dwelling, an application for site development shall be submitted in accordance with the provisions of chapter 7 of this title. (Ord. 2006-57, 8-15-2006)

   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)

   A.   Transfer Lots: Property proposed for conservation land and constrained and sensitive land, common area, or subdivisions using an alternative lot size, or as special exception because of blight, if located in a designated receiving zone, may be replaced by one, or more than one, "transfer lot". A transfer lot is a lot that could have been developed elsewhere in the City, but instead is platted in the place of proposed conservation land, common area, or subdivisions using an alternative lot size, or as a special exception because of blight, and where money paid to the owner of property located in a designated sending zone by a developer to transfer the lot, and increase the overall residential density of his project. Such lots shall be known and referred to as "transfer lots" and must be approved by the City in conjunction with subdivision or site plan approval. A transfer lot is not the result of a waiver set forth in this chapter.

   B.   Sole Discretion: The City has the sole authority to designate sending and receiving zones where such transfer lots are used and may do so by resolution.

   C.   Loss Of Associated Density Right: Any sending zone parcel, once a transfer lot density right is taken off the sending zone parcel, loses the associated density right unless a future City Council decision approves an up zoning to the sending zone parcel.

   D.   Minimum Transfer Lot Size And Dimensional Standards: The minimum acreage required for any transfer lot replacing conservation land, common area, or subdivisions using an alternative lot size, or as a special exception because of blight, shall be determined in accordance with the applicable and respective chapter and section set forth in this title, including, but not limited to, the development chart and dimensional standards provided in section 11-12-090 of this title, PUD standards in chapter 27 of this title, special exceptions standards in section 11-3-045 of this title, and/or lot and setback standards in sections 11-10-040 and 11-11-050 of this title.

   E.   Use Of Payments: Any cash payment which results from an agreement regarding a transfer lot or dwelling unit shall be set aside for the acquisition or improvement of open space and/or park land only, and not for any other use.

   F.   Proximity: The open space acquired involving a transfer lot shall be in proximity to the receiving area for said lot based on the service area or nature of the open space acquired. The service area, whether it is related to a regional facility, community parks, a neighborhood park, etc., shall be determined as set forth in the General Plan.

   G.   Move To Another Location: If open space realized in whole or in part by a transfer lot is moved to another location, transfer lot density rights must be recalculated based upon the characteristics of the new sending zone parcel and in consideration on what has already been transferred to the previous location.

   H.   Larger Subdivisions: For larger conservation subdivisions or PUDs greater than twenty (20) acres in size, ten percent (10%) of the land must remain as open space and cannot be used by transfer lots.

   I.   Blight: Transfer lots considered as a special exception may only occur because of blight, and the applicant must complete a blight study, as defined and consistent with State Code, and the City must establish a finding of blight for the receiving area in order to approve such transfer.

   J.   Agreement: A transfer lot must be approved by development agreement between the City and the respective owners, acceptable to and at the sole discretion of the City. The development agreement shall be recorded prior to or contemporaneous with the recording of the final plat which contains the transfer lot, and the agreement may include, but not be limited to, the following:

      1.   Anticipated value of the transfer lot to be paid from the receiving lot owner to the sending lot owner;

      2.   Method of payment for the transfer lot(s) value and when the payment is to be made;

      3.   Cost of improvements, including design costs, and the timing of construction;

      4.   Other costs, such as City fees and finance costs, and the timing of the paying thereof;

      5.   Land cost total to be paid to the owner and when this payment to the owner will be made; and

      6.   Developer profit percentage. (Ord. 2018-11, 3-6-2018)

Class A auto sales is a type of auto dealership that requires maximum design standards. Class A auto sales may only be allowed as a conditional use in various zones as designated in this title. Applications for Class A auto sales shall be submitted and reviewed as a conditional use permit in accordance with chapter 8 of this title.

   A.   Purposes: The purposes of this section and any rules, regulations, standards and specifications adopted pursuant hereto are to:

      1.   Minimal Impact: Accommodate such auto sales with minimal impact in commercial and mixed use areas in terms of compatible infill, scale, design and appearance of buildings.

      2.   Terms And Conditions: Set forth standardized terms and conditions for Class A auto sales and procedures for review and approval of the same.

   B.   Standards: The following standards and conditions shall apply to Class A auto sales developments, in addition to any terms and conditions of approval as imposed by the Planning Commission during the conditional use permit process:

      1.   Architectural Detail:

         a.   Create buildings that provide human scale and interest through use of varied forms, materials, details and colors;

         b.   Provide architecturally finished and detailed elevations for all exposures of the building;

         c.   Primary street facing walls of buildings may not have sections of blank walls that contain no openings in lengths that exceed twenty feet (20') in length;

         d.   Rooflines may be flat or pitched. Roofing shall not be of vivid primary colors (i.e., red, blue or yellow). Rooftop equipment shall be screened by roof components, parapets, cornices or other architectural features. Galvanized hoods and vents shall be painted to match the roof color.

      2.   Fencing: All fencing must be decorative. It can be stamped masonry, wrought iron or a mixture of both. Vinyl and chainlink fencing is expressly prohibited.

      3.   Landscaping: A minimum of twenty percent (20%) of the gross area of the site shall be landscaped. The twenty percent (20%) landscaping requirement should blend well with the fencing and solid masonry walls that may surround the project. Special attention should be given to landscaping in the high traffic and visible areas of the project, as well as covering large and long exterior masonry walls.

      4.   Lighting: For developments for which outdoor lighting is proposed, lighting plans shall be required which illustrate the type and location of lighting proposed for structures, walkways and parking lots. Lighting shall be designed, located and directed so as to eliminate glare and minimize reflection of light into neighboring properties. With the exception of security lights, lighting for the sales lot shall not occur past ten o'clock (10:00) P.M.

      5.   Signage: Title 15, "Sign Regulations", of this Code shall be expressly followed.

      6.   Noise: Amplified speakers and noise shall be kept at a minimum so as not to disturb adjacent properties. In the event that amplified speakers are used, they must comply with the Farmington City noise ordinance as set forth in title 7, chapter 10 of this Code.

      7.   Maintenance: The property must be maintained and kept clean. This includes sweeping and maintaining the asphalt, keeping free of debris, trash and weeds, etc. (Ord. 2015-17, 5-26-2015)

   A.   Analysis Input Factors: Respective zone district standards in this Title, which require a minimum moderate-income housing set aside, also may allow a fee in lieu thereof at the sole discretion of the City. In determining a fee in lieu amount, the City may use the following information:

      1.   Average last twelve (12)-month home sales price in Farmington City of homes constructed within the previous three (3) years;

      2.   Average rent of new condos/apartments to include, among other things, studio and one (1) to four (4)-bedroom dwelling units;

      3.   HOA/Property Management Fees as part of the rent expense in an apartment analysis;

      4.   Current prevailing thirty (30)-year fixed home loan/mortgage interest rate;

      5.   Utility allowance/expenses; and

      6.   Eighty percent (80%) and sixty percent (60%) AMI (Average Median Income) for Davis County.

   B.   Analysis Resources: Data necessary to prepare the fee in lieu analysis may come from, but not be limited to, the following sources: real estate professionals, such as brokers and appraisers; MLS (Multiple Listing Service); mortgage loan brokers; Davis Housing Authority; on-line tenant rent income housing calculators; etc.

   C.   Analysis: The City may determine the fee in lieu amount for single-family, two-family (same as multiple-family), and multiple-family dwellings as set forth in the table below:

 

   D.   Analysis Update: The City may annually update its affordable housing factors and tables.

   E.   Use Of Fees In Lieu: All fees in lieu received by the City shall only be used for moderate income housing purposes. (Ord. 2021-20, 8-3-2021)