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013 of 1991 - Amending Chapter 64 of Title 18 dealing with demolishing buildingsSALT LAKE CITY ORDINANCE No. 13 of 1991 (Amending Chapter 64 of Title 18 dealing with demolishing buildings) AN ORDINANCE AMENDING CHAPTER 64 OF TITLE 18 DEALING WITH DEMOLISHING BUILDINGS. WHEREAS, the City Council of Salt Lake City, Utah, has reviewed the current City code dealing with demolition of buildings and has determined that the amendments below are appropriate for the development of the City: NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That existing Chapter 18.64.010, et seq., attached hereto and incorporated herein by reference is hereby repealed. SECTION 2. That Chapter 18.64.010, et seq., be reenacted as follows: 18.64.010 Permit Required. It shall be unlawful to demolish any building or structure in the City, or cause the same to be demolished, without first obtaining a permit for demolition of each such building or structure from the City Building Official. 18.64.020. Application for Permit. To obtain a permit for demolition, an applicant must submit an application in writing on a form furnished by the Building Official for that purpose. Each application shall: A. Identify and describe the type of work to be performed under the permit; B. State the address of the structure or building to be demolished; C. Describe the building or structure to be demolished including the type of use, type of building construction, size and square footage, number of stories and number of residential dwelling units (if applicable); D. Indicate the method and location of demolished material disposal; E. Identify the approximate date of commencement and completion of demolition; F. 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; G. 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; H. If the building or structure to be demolished contains any dwelling units, the application should state whether any of the dwelling units are presently occupied. 18.64.030 Fees and Signature. A. The permit application shall be signed by the party or the party's authorized agent requesting the permit. Signature on the permit application constitutes a certification by the signee that the information contained in the application is true and correct. -2- B. Demolition fee. The fee for a demolition permit application shall be based on the building floor area: BUILDING FLOOR AREA FEE 5 - 2000 square feet $60.00 2001 - 4000 square feet 70.00 4001 - 6000 square feet 80.00 6001 - 8000 square feet 110.00 8001 - 10,000 square feet 120.00 10,001 - 12,000 square feet 150.00 12,001 - 14,000 square feet 180.00 14,001 - 16,000 square feet 210.00 16,001 - 18,000 square feet 240.00 18,001 - 20,000 square feet 265.00 20,001 - 22,000 square feet 300.00 22,001 - 24,000 square feet 340.00 24,001 - 26,000 square feet 370.00 26,001 - 28,000 square feet 410.00 28,001 - 30,000 square feet 450.00 30,001 - 32,000 square feet 485.00 For each 500 square feet over 32,000 add an additional $10.00 C. Waiver fee. Landscaping waiver requests shall also pay a fee of $170.00 for the cost of the landscape waiver process. D. Inspection fee. If landscaping is not required by the zoning ordinance, or if a landscaping waiver is sought pursuant to Section 18.64.070, an additional fee for the cost of inspecting the property to determine it is kept free of weeds and junk materials shall be collected in the amount of S100.00. If a waiver request is denied, the S100.00 paid under this subsection shall be refunded. 18.64.040 Post -demolition Use Plan Required. No demolition permit shall be issued until one of the following requirements has been met: A. A permit for the use replacing the demolished building or structure has been issued by the Building and Housing Division. B. A landscaping plan for the site, showing the sprinkling system and planted areas, has been approved and a performance bond to assure timely and proper installation and maintenance of the landscaping has been filed with the City in a form acceptable to the City. In the event the Building Official determines that landscaping is impracticable or unnecessary given the characteristics of the site and the neighborhood, the landscaping requirement may be waived subject to the provisions of Section 18.64.070 below. C. In the event of a natural disaster, fire or other similar event or where immediate demolition and clearing of the land is necessary to remove hazardous or blighting conditions, the Building Official may waive the landscaping requirement and order immediate demolition. 18.64.050 Residential Demolition Provisions. A. Residential Impact Determination. If the structure for which a demolition permit is sought contains residential dwelling units, whether or not occupied, the Building Official shall consider the demolition permits impact on the housing stock of Salt Lake City pursuant to the following provisions. B. Impact Determination Standards. The Building Official, within ten days of the application, shall determine whether the requested demolition permit and the post demolition use plan will result in: 1. Construction of a residential unit or units with a net loss of more than five units; 2. Construction of a vacant lot, landscaped lot or parking lot; or C. "No Impact" Permit. If the Building Official determines that neither of the conditions of Section 18.64.050 are met, the demolition permit shall be issued. D. Impact Finding. If the Building Official finds one of the criteria in Section 18.64.050.B., the Official shall issue a finding of residential impact. E. Impact Notice. Upon making a finding of residential impact, the Building Official shall mail a written notice to the owners and residents of properties within a six hundred foot radius from the property line of the property on which the proposed demolition work will take place as shown on the last equalized property tax assessment roll. Notice shall also be mailed to any affected neighborhood based organization recognized pursuant to Section 2.60.020.C. The notice shall specify: (a) The property proposed for demolition; (b) The proposed post -demolition use plan; (c) The basis for the finding of residential impact; (d) The date and time of a hearing before the Housing Advisory and Appeals Board. F. HAAB Impact Hearing. 1. To allow time for effective consideration by the notified parties, the hearing before HAAB shall take place not less the thirty days after the finding of residential impact and not more than sixty days after the finding. 2. HAAB shall take evidence from the applicant and all interested parties: (a) Regarding the proposed demolition and post demolition use plans effect on: (i) The City's housing stock; (ii) The employment and economic base; (iii) The character of the neighborhood; (iv) The City's master plans for the area; (v) The City's adopted housing policy; and (b) Regarding the cost and economic practicality of repairing or remodeling the structure proposed for demolition to comply with zoning requirements and with building and housing codes. 3. HAAB may encourage the applicant to work with the City and interested parties to repair, remodel, preserve or increase the City's housing stock. 4. HAAB shall issue its decision not more than ten days after the hearing. G. HAAB Decision. 1. If HAAB finds; (a) The proposed demolition and post -demolition use plan have a significant adverse impact on the City's housing stock and the character of the neighborhood; (b) Which is not outweighed by any positive effects on the City's economic and employment base; and (c) That it is economically practical to repair or remodel the structure proposed for demolition to comply with zoning requirements and building and housing codes, HAAB may order that the demolition permit not be issued for an additional period not to exceed ninety days to allow the City and interested parties time to make further attempts to preserve the housing stock. After this additional period has expired, the requested permit shall be immediately issued. 2. If HAAB does not make the findings required by 18.64.050.G. above, the demolition permit shall be issued ten days after HAAB's decision. H. Appeal of HAAB Decision. 1. The applicant or any person or entity required to be notified of the demolition pursuant to Section 18.64.050.E. above, if aggrieved by the HAAB decision, may appeal to the Mayor by filing a written notice specifying the grounds for such an appeal within ten days of the HAAB decision. 2. Any other party identified in 18.64.050.H.1. above may respond to the appeal in writing within ten days of the appeal. 3. The Mayor or the Mayor's designee shall consider the appeal on the written record and issue a decision within ten days of the close of any written submissions. 18.64.070 Post -demolition Use Plan Waiver Procedure. A. If a waiver of the post -demolition use plan is sought under Section 18.64.040.B. above, the applicant shall file with the Building Official, on a form provided therefor, a statement of any claimed hardship or other special circumstances justifying waiver of the post -demolition use plan requirements. B. The Building Official shall mail a written notice to the owners and residents of properties within a six hundred foot radius from the edge of the property on which the proposed demolition work will take place as shown on the last equalized property tax assessment roll and any affected neighborhood based organization recognized pursuant to Section 2.60.020.C. The notice shall state the reasons given by the applicant for waiving the post -demolition use plan and state the date, time and location of a hearing before the City's Housing Advisory and Appeals Board. C. The chairperson of the Housing Advisory and Appeals Board shall select a panel of three examiners from the roster of members and schedule a hearing date no sooner than thirty days from the date of the petition and no later than sixty days from the date of the petition, except that if a residential impact hearing is also required pursuant to Section 18.64.050.F. above the two hearings shall be combined. D. In determining whether to waive the post -demolition use landscaping requirements, the Board may consider the effects on surrounding properties, the character of the neighborhood, the Master Plan for the area, future plans for the property and similar factors. E. Appeal of HAAB Decision. 1. The applicant, or any person or entity required to be notified of the demolition pursuant to Section 18.64.070.B. above, if aggrieved by the HAAB decision, may appeal to the Mayor by filing a written notice specifying the grounds for such an appeal within ten days of the HAAB decision. 2. Any other party identified in 18.64.070.B. above may respond to the appeal in writing within ten days of the appeal. 3. The Mayor or the Mayor's designee shall consider the appeal on the written record and issue a decision within ten days of the close of any written submissions. 18.64.080 Pre -demolition Salvage Permits. A. A pre -demolition salvage permit for other than structural demolition shall be required for the removal of doors, windows, special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials on the exterior or interior of the building. B. A pre -demolition salvage permit fee shall be paid in the amount of twenty percent of the demolition fee. 18.64.090 Expiration. Permits shall expire forty-five calendar days from the date of issuance, unless a completion date allowing more time is requested and approved by the Building Official at the time of application. Demolition permits may be renewable upon request prior to expiration with approval of the Building Official for one-half of the original permit fee, provided continuous progress is being made. If a permit is allowed to expire without the prior renewal, any subsequent request for reinstatement shall be accompanied by a reinstatement fee equal to the original demolition permit fee. 18.64.100 Qualifications to do Work. It shall be unlawful for demolition work permitted under this chapter to be performed except by: A. A general contractor or subcontractor currently holding a license in good standing with the State of Utah to do wrecking and/or demolition work. B. A licensed general contractor currently holding a license in good standing with the State of Utah qualified as a general contractor, but only when the demolition is incidental and supplemental to the construction by the general contractor of a new structure on the demolition site. C. Salvage work under a pre -demolition salvage permit may be done without a contractor's license provided all other conditions of this chapter are met. 18.64.110 Demolitions Requirement. A. Prior to the commencement of any demolition or moving, the permittee shall plug all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No excavation shall be covered until such plugging is approved by the Department or by the Building Official. The permittee shall further insure all utility services to the structure and/or premises have been shut off and meters removed prior to commencement of demolition work. B. When the applicant indicates the demolition will require more than thirty days to complete, and where required by the Building Official for the safety of the public, the applicant shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized persons in a manner acceptable to the Building Official. The Building Official may waive the fencing requirement if it is determined that fencing would be inappropriate or unnecessary to protect safety or health. C. A permit for demolition requires that all materials comprising part of the existing structure(s), including the foundation and footings, be removed from the site. The depression caused by the removal of such debris must be filled back and compacted to the original grade, as approved by the Building Official, with fill material excluding detrimental amounts of organic material or large dimension non -organic material. D. Permitted demolition work, including filling and leveling back to grade and removal of required pedestrian -11- walkways and fences, must be completed within the permit period unless the Building Official finds that any part of the foundation of building or site will form an integral part of a new structure to be erected on the same site for which plans have already been approved by the building division. In such event, the Building Official may approve plans for appropriate adjustments to the completion time and may impose reasonable conditions including the posting of a bond, erection of fences, securing, or similar preventions to insure the site does not create a hazard after the demolition is completed. 18.64.120 Relationship to Other Ordinance. Provisions of this chapter shall be subordinate to any contrary specific provisions of Chapters 21.64.010, et seq., dealing with demolition in the C-4 Zoning District, and Chapter 21.74.010, et seq., dealing with demolition in historical districts. SECTION 3. This Ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 19 th day of March , 1991. ATTEST: CHAIRPERSON -12- Transmitted to the Mayor on 19 March 1991 Mayor's Action: XX Approved ATTEST: (SEAL) BILL NO. 13 OF 1991 Published: 22 March 1991 BRB:ap Vetoed.