8.21.32 Relocation of Buildings

No persons shall place, move on, or affix to the land in any manner any building, requiring a building permit, which was formerly located in another site, unless approval of the Planning Commission has first been obtained. The term “building” as used herein means any structure designed, built, or occupies as a shelter or roughed enclosure for persons, animals, or property, and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. A person seeking Planning Commission approval hereunder shall file an application for such approval with the Planning Commission as follows: (1) Form. The application shall be made in writing upon forms provided by the Planning Commission and shall be filed in the office of the planning staff. (2) Contents. The application shall set forth and contain: (a) A description of the building to be moved, giving construction materials, dimensions, number of rooms, conditions of exterior and interior, date of construction, and an estimate of its present value; (b) The present location of the building, giving municipality and street address or legal description at its present site; (c) A complete legal description of the lot on which said building is proposed to be located and the street address; (d) A plot plan of the proposed new site showing all boundary lines, adjacent lot on all sides, all structures and improvements, means of access, and the location of the building proposed to be moved; (e) Photographs of the building showing front, rear, and side elevations; and such other photos of the building or site as may help to portray the proposal; (f) Any additional information which the Planning Commission may find necessary in making a fair determination of whether the application should be approved. (3) Public Hearing. A public hearing before the Planning Commission shall be set, with right of appeal to the Town of Daniel Legislative Body. (4) Standard for Relocation. Before approving any application hereunder, the Planning Commission shall determine that all of the following conditions are satisfied: (a) That the building will conform to all provisions of the applicable land use regulations at its proposed site; (b) That the building is of the size and architectural style, which shall be in harmony with existing developments of the neighborhood. If the area into which the building is proposed to be removed is undergoing development or redevelopment, the Planning Commission may consider developments and improvements planned or anticipated by property owners in the area; (c) That the building will not have detrimental effects on the environment and property values of the area into which it is to be moved; (d) That the proposed relocation will not adversely affect any proposed streets or other improvements in the area, nor be in conflict with adopted plan of the Town of Daniel. (e) That the building and its components can comply or be made to comply with the provisions of all the building codes and standards currently adopted by the Utah State Building Code Commission for new construction (for the purposes of this title, the “Building Code”). (5) Conditional approval. The Planning Commission may approve a proposed relocation subject to such conditions as it may deem warranted by the circumstances. Said conditions may include specified landscaping and exterior finishing, dedication, and improvements of streets and alleys adjoining the property, and time for completion of the work and improvements required. Such conditional approval shall not become effective, nor shall any action be taken thereon, unless and until a performance bond is furnished. (6) Performance Bond. If approval is granted subject to performance of conditions by the applicant, a performance bond shall be posted with the Town of Daniel and shall guarantee the performance of the conditions enumerated by the Planning Commission and any work ordered done by the building official. (7) Inspection of Work. The Planning Commission shall cause an inspection of the building at its new location to be made on request therefore by the owner or applicant, or at the expiration of the time designation by the Planning Commission for completion of the work. Said inspection shall include a determination of compliance with provisions of the current Uniform Building Codes Standard Act and conditions or requirements imposed by the Planning Commission upon approval of the building relocation. No Certificate of Occupancy and land use compliance shall be issued until the inspection has been made and all code requirements and conditions are complied with. (8) Other Permits Required. Approval or conditions approval by the Planning Commission hereunder is not a building permit, and shall not relieve the applicant of requirements for obtaining necessary building permits or moving permits.