The building official shall enforce the provisions of the building code which are adopted by the state of Utah. For such purposes, he shall have the powers of a law enforcement officer. The building official shall also have duties and powers as provided in this title and may be assisted by other persons as the city council may direct or authorize. (Ord. 1991-26, 7-17-1991)

There is hereby created the office of city planner. The city planner shall be appointed by the city manager, with advice from the planning commission and with the advice and upon the consent of the governing body. The city planner shall receive and review applications for development approval as required by this title and title 12 of this code. The city planner may set the agenda for planning commission meetings. (Ord. 1991-26, 7-17-1991; amd. Ord. 2023-66, 11-16-2023)

There is hereby created the office of zoning administrator. The zoning administrator shall administer and enforce this title. The zoning administrator shall be appointed by the city manager, with the advice and consent of the planning commission and the advice and upon the consent of the governing body. The zoning administrator may be assisted by other persons as authorized. (Ord. 1991-26, 7-17-1991)

   A.   Site Plan Review: In addition to application for a building permit, all developments listed in section 11-7-020 of this title shall submit application for site plan review as provided in section 11-7-030 of this title. No building permit for these developments shall be issued until a site plan is reviewed and approved as provided in chapter 7 of this title. The city planner shall review and make recommendations on all applications which are required to comply with the site development standards specified in chapter 7 of this title and shall ensure that all information and items required in this title are included in the application.

   B.   Conditional Use Review: The city planner shall receive all applications for conditional use permits as provided for in chapter 8 of this title. The city planner shall see that all information and items required for this application are included in the submittal. This application shall be in addition to the application for building permit.

   C.   Amendments To The Zoning Map Or Text: Applications for amendment to this title shall be submitted to the city planner. The amendment process shall proceed as provided for in chapter 6 of this title.

   D.   Administration And Amendment Of The Master Plan: It shall be the responsibility of the city planner to administer the Farmington City master plan, to periodically review the plan, and to make recommendations for updating the plan as the city grows and develops. Requests to amend the master plan shall be processed in the same manner as an application for a zoning amendment. (Ord. 1991-26, 7-17-1991)

The zoning administrator shall represent Farmington City in carrying out the stated purposes of this title and in so doing shall also cause that all required permits be obtained as required herein.

   A.   Variances: Pursuant to Utah Code Annotated section 10-20, as amended, the zoning administrator shall have the power to decide routine and uncontested matters of the Administrative Hearing Officer pursuant to its established guidelines as outlined in chapter 5 of this title. All variances granted by the zoning administrator shall be reviewed and approved by the city manager prior to issuance.

   B.   Building Permits: The zoning administrator shall review all building permit applications to determine compliance with this title. All applications for building permits shall be accompanied by a plot plan in duplicate. Such plot plan shall be drawn to scale and shall show the actual dimensions of the lot to be built on, any existing buildings or structures, and the buildings or structures to be erected. The plan should also show the location of driveways into the property, off street parking facilities, abutting streets (including right of way width) and such other information as may be necessary to accurately locate the lot, to provide for the enforcement of this title and to comply with the site development standards of this title.

   C.   Certificate Of Occupancy:

      1.   No land shall be changed in use or occupancy and no building shall be changed in use or structurally altered until a certificate of occupancy shall have been issued by both the zoning administrator and the building official.

      2.   No certificate of occupancy shall be issued unless the contemplated use of the land and/or buildings for which said certificate is requested is in full compliance with the requirements of this title and applicable building codes.

      3.   A certificate of occupancy shall be required for the purpose of maintaining, renewing, changing or extending a nonconforming use.

      4.   No person shall live in an accessory building unless that person has a valid certificate of occupancy for such building. The certificate of occupancy may only be issued if the accessory building is safe for human occupancy and if the main building or use is incomplete but is reasonably expected to be completed within one month from the date of issuance. Such a certificate of occupancy may be issued for a maximum time period of thirty (30) days. Violation of this subsection is a Class C misdemeanor. For purposes of this section only, “live in” means to dwell in or use as a home, sleeping place or shelter for human beings.

   D.   Home Occupation Permit: All applications for a home occupation permit shall be submitted to the zoning administrator and shall include all information as required in Chapter 35 of this title. The zoning administrator shall review all applications for compliance with the home occupation standards of this title and may either approve or deny such applications.

   E.   Sign Permits: As provided in the sign ordinance of Farmington City, the zoning administrator shall be responsible for issuance of permits for signs, and for the enforcement of the sign regulations.

   F.   Administrative Determination For Uses Not Listed: Determination as to the classification of uses not specifically listed in chapters 10 through 26 of this title may be made by the zoning administrator:

      1.   An application requesting such determination shall be filed with the zoning administrator. The application shall include a detailed description of the use and other such information as may be required.

      2.   The zoning administrator shall make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title and shall make a determination of its classification based on his investigations. The determination shall state the zone classification(s) in which the use will be allowed and whether the use will be a permitted use or a conditional use in the zone(s).

      3.   The determination and all information pertaining to it shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record in the office of the planning and zoning department.

   G.   Appeals From Decisions Of The Zoning Administrator: Any appeal of an action or decision of the zoning administrator shall be made to the board of adjustment as outlined in section 11-5-060 of this title.

(Ord. 1991-26, 7-17-1991; amd. 2016 Code; Ord. 2025-52, 12-9-2025)

The erection of any building, structure, any part thereof, or any alteration of an existing building that would permit the extension or enlargement of any use therein, or the preparation of any building site, shall not be commenced except after the issuance of a building permit, signed by both the building official and the zoning administrator. (Ord. 1991-26, 7-17-1991)

   A.   Single-Family And Two-Family Dwellings: All applications for construction of a single-family or two-family dwelling on an individual lot shall be accompanied by a bond agreement to ensure maintenance of public improvements and provide an incentive for completion of the construction for which a permit is issued. No building permit shall be issued for construction or development on any lot before the applicant completes, or agrees to complete, construction of improvements as required herein within two (2) years from the date of issuance of said permit and to ensure the satisfactory condition of the improvements installed on, and in close proximity to, said lot by posting a bond as set forth hereafter, nor shall said bond be released until the construction for which the building permit was issued is completed. The bond agreement shall be signed by the owner of the lot to be improved or by the contractor. The bond shall be in the sum of five hundred dollars ($500.00), or five dollars ($5.00) per front foot, whichever is the greater amount. In no case shall the bond amount exceed one thousand dollars ($1,000.00) per lot. The purpose of the bond agreement shall be to ensure the satisfactory condition of the curbs, gutter, sidewalk, drive approaches, landscaping, paving (including proper patching of asphalt cuts when required), and other public improvements installed on and in close proximity to the individual lot or lots for which the building permit was issued. In addition, the bond is required as an incentive only for the satisfactory completion of the construction for which the permit was issued. Where building permits are issued for houses on lots not abutting city streets, the bond amount may be reduced to a minimum of five hundred dollars ($500.00) to satisfy the construction completion requirement, if the owner or contractor produces evidence a bond is in place warranting public improvements to the affected entity who owns the street right of way. The bond shall not obligate the city to complete any construction authorized by the issuance of the permit. The bond agreement shall terminate and the bond, together with accumulated interest, will be released at the time the certificate of occupancy is issued; provided, that the building official has made his inspection and found the construction to be complete and the improvements to be in satisfactory condition. In the event no certificate of occupancy has been issued within two (2) years after the issuance of the building permit, the bond agreement shall terminate and the bond, together with accumulated interest, shall be forfeited to the city.

   B.   On Site Improvements: Any on site improvements required by this title for multiple-family residential uses, commercial uses, commercial recreation uses, industrial uses or any conditional use, including, but not limited to, landscaping, fencing, curbs, gutters, sidewalks, parking lot paving or flood control improvements shall be satisfactorily installed prior to issuance of a certificate of occupancy and/or a business license. In lieu of actual completion of required improvements, a developer may file with the city a cash, escrow or irrevocable letter of credit, on a form acceptable to the city, to ensure completion of such improvements. The bond amount shall be based on the city engineer's estimated cost of improvements, plus twenty percent (20%). Only the three (3) types of bond agreements specified herein shall be accepted. The maximum time period for a bond to guarantee completion of on site improvements shall be not more than one year. The bond may be extended by the city council upon a request by the developer. Upon completion of the improvements for which an on site bond agreement has been filed, the developer shall call the planning department for inspection.

   C.   Off Site Improvements And Other Public Improvements: Off site and/or other public improvements required by this title for multiple-family residential uses, commercial uses, commercial recreation uses, industrial uses or any conditional use, including, but not limited to, curb, gutter and sidewalk, paving, fire hydrants, water distribution lines or flood control improvements shall be installed before permits will be issued for development. In lieu of actual completion of required improvements, a developer may file with the city a cash, escrow, irrevocable letter of credit or property bond agreement, on a form acceptable to the city, to ensure completion of such improvements. The bond amount shall be based on the city engineer's estimated cost of improvements, plus twenty percent (20%). Only the four (4) types of bond agreements specified herein shall be accepted. The maximum time period for a bond to guarantee completion of on site improvements shall be not more than two (2) years. The bond may be extended by the city council upon a request by the developer. Upon completion of the improvements for which an off site bond agreement has been filed, the developer shall call the city for inspection.

   D.   Inspections: Inspection shall be made within a reasonable time after a request is received. If the inspection shows the city standards and specifications have been met in completion of the required improvements, the bond may be released within a reasonable time after the inspection. If the bond is not released, refusal to release and the reasons therefor shall be given to the developer within a reasonable time from the time of the inspection. The bond may be partially released based on the percentage of completion of the required improvements.

   E.   Existing Buildings: The building official may require a bond on any alteration or remodel of any existing building if, within his discretion, such alteration or remodel could potentially cause damage to existing public improvements. Any ruling of the building inspector regarding the amount of required bond or the release date of the bond on remodels or alterations may be appealed to the city manager, by filing a written notice of appeal with the city recorder within ten (10) calendar days of the ruling. Appeals shall proceed as provided in chapter 3-7 of this code. The purpose of a bond on any alteration or remodel, if required, shall be for the sole purpose of warranting the maintenance of public improvements, and not for the purpose of assuring construction completion for which the permit was taken out. Said bond shall be released immediately after the risk of damaging public improvements has passed.

   F.   Bond Refused: If the city determines that issuance of a certificate of occupancy prior to completion of any required improvement may be injurious to the health, safety or welfare of the city or its inhabitants, the city may refuse to accept a bond agreement in lieu of actual completion of required improvements or it may limit the time period of the bond to lesser periods than specified herein. (Ord. 1991-26, 7-17-1991; amd. Ord. 2016-07, 2-16-2016; Ord. 2023-65, 11-14-2023)

If the zoning administrator finds that any of the provisions of this title are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and the action necessary to correct it. The zoning administrator shall order the discontinuance of illegal buildings, structures or additions to buildings or structures, discontinuance of any illegal work being done, or shall take other action authorized by this title to ensure compliance. (Ord. 1991-26, 7-17-1991)

Any person with standing who is aggrieved by any decision of the zoning administrator or the planning commission in the administration of this title may appeal such decision in accordance with the provisions of this section:

   A.   Land Use Appeal Authority: An appeal of an action or decision of the zoning administrator or planning commission made in the administration of this title shall be made to the administrative hearing officer. Such appeals must be taken within ten (10) calendar days of the action or decision by filing a written notice with the city recorder, unless otherwise specified in this code or the Utah Code. The appeal shall specify the grounds for appeal. Only those grounds specified in the appeal shall be considered by the administrative hearing officer.

   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from unless the planning commission certifies to the administrative hearing officer that, by reason of fact stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appropriate appeal body or by the district court on application and notice and on due cause shown.

   C.   The appeal shall be conducted in accordance with chapter 3-7 of this code. (Ord. 1991-26, 7-17-1991; amd. Ord. 2023-65, 11-14-2023)

   A.   Purpose. This section establishes procedures and standards for requests for reasonable accommodation due to disability.

   B.   Definitions. The following definitions shall apply to this section:

 

 

   C.   An applicant who wishes to make a request for a reasonable accommodation from any requirement under this Title must provide the following to the Administrator, in writing:

      1.   The name, mailing address, and phone number or email of the applicant;

      2.   The nature and extent of the disability;

      3.   An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;

      4.   The applicant's proposed reasonable accommodation;

      5.   A statement detailing why such reasonable accommodation is necessary;

      6.   The physical address of the property where the applicant requests the reasonable accommodation; and

      7.   Proof or a declaration that the applicant resides or reasonably intends to reside at the residence at the time of application, or that the entity will benefit residents who will benefit and qualify for reasonable accommodation.

   D.   The burden of production and persuasion rests upon the applicant to establish the existence of a disability and that the requested relief is a reasonable accommodation.

   E.   In determining whether an accommodation is reasonable, the Administrator determines whether the requested accommodation meets three main criteria:

      1.   Reasonableness. An accommodation is reasonable ifit will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.

      2.   Necessity. An accommodation must be necessary, meaning that but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.

      3.   Equal Opportunity. The accommodation achieves equal results as between a person with a disability and a nondisabled person.

      4.   In considering these three criteria, the Administrator shall consider the following facts, as applicable:

         a.   Applicable zoning ordinances;

         b.   Anticipated traffic, parking, and noise impact on the neighborhood if the accommodation is granted;

         c.   Whether the accommodation will be an undue burden or expense to the City;

         d.   The extent to which the accommodation will or will not benefit the applicant;

         e.   The extent to which the accommodation will or will not benefit the community;

         f.   Whether the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood;

         g.   Whether the applicant has demonstrated that the accommodation will affirmatively enhance the applicant's life or ameliorate the effects of the applicant's disability, or the lives or disabilities of those on whose behalf the applicant is applying;

         h.   Whether or not, without accommodation, similar housing is available in the city for the applicant or group of applicants;

         i.   The anticipated impact of the accommodation on the immediate neighborhood;

         j.   Any other requirements of applicable federal or state laws and regulations; and

         k.   Whether the applicant has submitted an incomplete application.

   F.   The Administrator shall render a written decision within thirty (30) calendar days after the application is received by the Administrator, and send a copy of that decision to the mailing address or email address provided by the applicant. An additional thirty (30) days are available if the Administrator determines that the request is complicated or requires more extensive study, or if the process was delayed by the applicant.

   G.   Appeal from the Administrator's decision may be made by an aggrieved person with standing to the Administrative Hearing Officer, within ten (10) business days after the decision is rendered. Notice of appeal is made by delivering a copy of the notice to the City Recorder.

   H.   The Administrative Hearing Officer hears the case de novo, applying the same standard and receiving testimony and evidence. The Administrative Hearing Officer shall render a written decision to the applicant within fifteen (15) days of the hearing. Appeals from the Administrative Hearing Officer's decision may be made by an aggrieved person with standing to the Second District Court of Utah, within thirty (30) calendar days of the decision. (Ord. 2023-7, 2-7-2023)