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Draper City Zoning Code

CHAPTER 1

PURPOSE AND APPLICABILITY

9-1-010: TITLE:

This title shall be known and may be cited as the LAND USE AND DEVELOPMENT CODE OF DRAPER CITY. (Ord. 394, 8-7-2001)

9-1-020: AUTHORITY:

This title is adopted pursuant to the Utah land use development and management act, other applicable statutory law, and the police power authority inherent in local government as established by Utah common law. This title shall constitute the zoning ordinance authorized by the Utah municipal land use development and management act. (Ord. 394, 8-7-2001)

9-1-030: PURPOSE:

This title and the regulations and restrictions contained herein are adopted and enacted for the following purposes:
A.   To promote the health, safety, convenience, and general welfare of present and future inhabitants of the city;
B.   To encourage and facilitate the orderly growth and development of the city, and to implement the goals and policies of the general plan;
C.   To provide adequate open space for light and air, to prevent overcrowding of the land and to lessen congestion on the streets;
D.   To secure economy in municipal expenditures and to encourage adequate provisions for transportation, water, sewage, schools, parks, and other public facilities and services;
E.   To increase the security of home life and to preserve and create a more favorable environment for citizens and visitors to the city;
F.   To ensure safety from fire and other dangers;
G.   To stabilize and improve property values and to place compatible uses together in the city;
H.   To enhance the economic and cultural well being of the inhabitants of the city;
I.   To promote the development of a more wholesome, serviceable, and attractive city resulting from an orderly, planned use of resources;
J.   To establish proper zoning regulations, ensure the suitability of the land for particular uses, conserve the value of buildings, and encourage the most appropriate use of land throughout the city; and
K.   To further the purposes of this title and promote the qualities of the respective zones. (Ord. 394, 8-7-2001)

9-1-040: SCOPE:

This title shall apply to all property within the corporate limits of the city, except property expressly exempted therefrom by the provisions of this title or other lawful exemption. (Ord. 394, 8-7-2001)

9-1-050: APPLICABLE PROVISIONS NOT IN THIS TITLE:

Draper City municipal code provisions not found in this title which are applicable to the use and development of land include, but are not limited to, the following:
A.   Section 2-4-060, "Constitutional Taking Issues", of this code.
B.   Section 3-1-180, "Draper City Historic Preservation Commission", of this code.
C.   Section 3-1-210, "Draper City Neighborhood Associations", of this code.
D.   Title 5, chapter 5, "Development And Impact Fees", of this code.
E.   Title 6, chapter 5, "Sexually Oriented Businesses", of this code.
F.   Title 6, chapter 11, "Home Occupation", of this code.
G.   Title 6, chapter 14, "Multiple-Family And Rental Dwelling Units", of this code.
H.   Title 6, chapter 15, "Pawnbrokers", of this code.
I.   Title 7, chapter 2, "Sewage Disposal", of this code.
J.   Title 7, chapter 7, "Corner Canyon Preservation District", of this code.
K.   Title 7, chapter 8, "Subsurface Drains", of this code.
L.   Title 7, chapter 9, "Secondary Water", of this code.
M.   Title 8, chapter 2, "Utility Lines", of this code.
N.   Title 10, "Building Regulations", of this code.
O.   Title 12, "Flood Damage Regulations", of this code.
P.   Title 17, "Land Development", of this code. (Ord. 394, 8-7-2001)

9-1-060: ORGANIZATION OF TITLE:

This section describes the basic organizational scheme used in this title and the types of regulations found herein. It is intended to be informational only. Failure to follow the format described in this section shall not be a basis for invalidating any action taken pursuant to this title.
A.   Organizational Structure: This title consists of six (6) articles, as follows:
1.   Article 1, General Provisions.
2.   Article 2, Administration And Enforcement.
3.   Article 3, Base Zones.
4.   Article 4, Special Purpose And Overlay Zones.
5.   Article 5, Regulations Of General Applicability.
6.   Article 6, Regulations For Specific Uses.
B.   General Provisions: The general provisions of article 1 of this title establish how this title is applied, sets forth the relationship of planning documents, such as the general plan, to this title, and provides rules and definitions for interpreting and applying the provisions of this title.
C.   Administration And Enforcement: Administration and enforcement provisions, in article 2 of this title, include creation and allocation of powers and duties of decision making bodies and officials, land use application and public hearing and application review procedures, appeals, and variances. Enforcement provisions set forth remedies available to the city to enforce violations of this title.
D.   Types Of Zones: This title establishes three (3) types of zones (also called "zoning districts"): base zones, special purpose zones, and overlay zones.
1.   Base zones are zoning districts that reflect the city's five (5) basic land use categories: agricultural, residential, commercial, public facilities, and industrial. Base zones establish regulations and development standards governing land uses allowed in these zones.
2.   Special purpose zones consist of regulations that apply only in limited instances or to special circumstances.
3.   Overlay zone regulations address specific circumstances that apply in a variety of geographic areas, such as historic or environmentally sensitive areas, which may traverse the boundaries of a number of base zones.
E.   Types Of Regulations: This title includes land use regulations and development standards.
1.   Base zone regulations, found in article 3 of this title, specify land uses allowed as of right or allowed after issuance of a conditional use permit. These regulations may be modified by overlay zone regulations, set forth in article 4 of this title, or augmented by regulations for specific uses found in article 6 of this title. Base zone and overlay regulations are augmented by regulations of general applicability found in article 5 of this title.
2.   Development standards include fixed dimensional standards and performance standards. Development standards control the height, size, location and other particular aspects of structures and uses on sites intended for development. These standards also prescribe buffering requirements between zones and between potentially incompatible uses.
a.   Fixed dimensional standards are numerical maximum or minimum conditions which govern development on a site.
b.   Performance standards establish certain criteria which must be met, but allow flexibility as to the method of meeting the criteria. (Ord. 394, 8-7-2001)

9-1-070: LICENSES AND PERMITS TO CONFORM:

All provisions herein shall be construed as the minimum requirements necessary to promote the public health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city. All departments, officials, and employees of the city vested with the duty or authority to issue licenses and permits shall conform to the provisions of this title and shall issue no permit or license for a use or building where the same would conflict with the provisions of this title. It shall be a violation of this title for any person to perform, or order the performance of, any act which is contrary to the provisions of this title or to fail to perform any act which is required by the provisions of this title. Any permit or license issued in violation of this title shall be null and void. (Ord. 394, 8-7-2001)

9-1-080: COMPLIANCE; PREREQUISITE TO REGULATORY APPROVAL:

No building, use, or occupancy permit may be issued to any applicant who has previously been issued a permit and who is not in current compliance with any regulatory requirement or order applicable to such permit; or who has failed to pay all assessed fees, fines or penalties to the city. (Ord. 394, 8-7-2001)

9-1-090: PERMITS REQUIRED:

A.   Permits Required: No building or structure shall be constructed, reconstructed, altered, or moved, nor shall the use or status of land be changed, except after the issuance of valid permits which conform to the requirements of this title, unless no permit is required by this title or by the construction codes adopted by the city.
B.   Utility Service: No electrical, sewer, telephone, water, or other utility line shall be installed to serve any premises if such premises is or will be in violation of this title. (Ord. 394, 8-7-2001)

9-1-100: CERTIFICATE OF OCCUPANCY:

A.   Certificate Of Occupancy Required: No building or structure shall be used or occupied until the city has issued a certificate of occupancy or a temporary certificate of occupancy as provided in title 10, chapter 5 of this code.
B.   Unlawful To Use Or Occupy: It is unlawful to use or occupy or to permit the use or occupancy of any building or structure unless a certificate of occupancy or temporary certificate of occupancy has been issued for such building or premises. It is unlawful to use or occupy, or to allow to be used or occupied, any building or structure with a use or occupancy that is different than specifically provided for in a certificate of occupancy or temporary certificate of occupancy.
C.   Failure To Obtain Certificate Of Occupancy: Failure to obtain a certificate of occupancy or temporary certificate of occupancy shall be a violation of this title.
D.   Nuisance: The use or occupancy of any building for which a certificate of occupancy or temporary certificate of occupancy has not been issued is hereby declared to be a public nuisance and may be abated as such. It shall also be a public nuisance for any building or structure to be used or occupied in a manner different than authorized by a certificate of occupancy or temporary certificate of occupancy. (Ord. 394, 8-7-2001)

9-1-110: CONSTRUCTION AND USE TO CONFORM TO PLANS:

Building and other permits, certificates of occupancy, and temporary certificates of occupancy issued by the city on the basis of plans and specifications authorizes only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Use, arrangements, or construction at variance with that shown on authorized plans and specifications shall be deemed a violation of this title. (Ord. 394, 8-7-2001)

9-1-120: CONFLICTING PROVISIONS:

This title shall not nullify more restrictive provisions of other private covenants and agreements or other laws or general ordinances of the city, but shall prevail and take precedence over such provisions which are less restrictive. In cases where provisions within this title conflict, the most restrictive provision shall supersede the less restrictive one unless specifically provided otherwise. (Ord. 394, 8-7-2001)

9-1-130: REPEAL OF PRIOR ORDINANCE:

This title, as amended, is hereby superseded and amended as set forth in this title. (Ord. 394, 8-7-2001)

9-1-140: EFFECTIVE DATE:

This title shall take effect at twelve o'clock (12:00) midnight on September 30, 2001. (Ord. 394, 8-7-2001)

9-1-150: PREVIOUS ORDINANCES CONTINUED:

This title shall be deemed a continuation of title 9 and not a new enactment insofar as the substance of revisions included herein, whether in the same or different language. This title shall be so interpreted upon any question concerning the tenure of an officer or board established by prior title 9, or upon any question concerning the legal conformity of any lot, structure, or use, except as may be otherwise provided in chapter 6, "Nonconforming Uses, Structures And Lots", of this title. (Ord. 394, 8-7-2001)

9-1-160: TRANSITION RULES:

To avoid undue hardship in the application of this title, the following transition rules shall apply:
A.   Applications Submitted Prior To Effective Date: Nothing in this title shall require a change in any plans, construction, or designated use of any building or structure if a complete application for the same was submitted prior to the effective date of this title (12:00 midnight of September 30, 2001), unless such application, or a permit issued thereunder, expires. If an application or permit expires, any new permit shall conform to the requirements of this title.
B.   Site Plans: For a period of sixty (60) days after the effective date of this title (through November 29, 2001), a person who submits an application for approval of a site plan or commercial site development plan, as defined in this title, may elect to have such application considered and approved under the provisions of the prior title 9 as they existed on the effective date of this title.
C.   Preliminary Subdivision Plats: The transition rules set forth in subsections A and B of this section shall also apply to any application for a preliminary subdivision plat to the extent the provisions of this title may affect such plat. (Ord. 394, 8-7-2001)

9-1-170: EXEMPTIONS FROM THIS TITLE:

A.   The following projects, approved prior to the effective date of this title and subject to one or more development agreements with the city, are exempt from the provisions of this title:
1.   SunCrest.
2.   Traverse Mountain planned unit development.
3.   South Mountain.
B.   Nowithstanding subsection A of this section, provisions of this title applicable to second kitchens and accessory dwelling units, including detached accessory dwelling units and internal accessory dwelling units, apply to all property within Draper City.
C.   The projects listed in subsection A of this section shall be governed by:
1.   The terms of the respective development agreements to which they are subject; and
2.   Provisions of title 9 in effect when such agreements became effective, except as may be modified by an applicable development agreement.
D.   Copies of applicable development agreements and zoning provisions may be obtained from the community development department. (Ord. 394, 8-7-2001; amd. Ord. 1499, 9-21-2021)

9-1-180: SEVERABILITY OF PARTS OF TITLE:

The chapters, parts, sections, paragraphs, sentences, clauses, and phrases of this title are hereby declared to be severable. If any chapter, part, section, paragraph, sentence, clause, or phrase of this title is declared invalid by a court of competent jurisdiction, or deleted through amendment or repeal, such invalidation or deletion shall not affect the remaining parts of this title. (Ord. 394, 8-7-2001)

9-1-190: IMPROVEMENT COMPLETION:

Unless an application is made and an agreement reached under section 9-1-195, a subdivider must install all public landscaping and infrastructure improvements required under this title. (Ord. 1132, 2-17-2015; amd. Ord. 1501, 10-5-2021)

9-1-195: IMPROVEMENT COMPLETION ASSURANCES:

A.   An applicant may provide the city with an improvement completion assurance as defined below in an amount equal to one hundred ten percent (110%) of the estimated completion costs in lieu of an obligation required section 9-1-190. For purposes of this and other sections of this title, an improvement completion assurance is defined as codified in Utah Code §10-9a-103 except that the acceptable forms of an improvement completion assurance limited by this code are:
1.   A business check from a FDIC insured financial institution within 50 miles of Draper City hall with funds immediately available to the city;
2.   Cash;
3.   A cash bond;
4.   A cashier's check from a FDIC insured financial institution within 50 miles of Draper City Hall with funds immediately available to the city upon default;
5.   An irrevocable letter of credit from a FDIC insured financial institution within 50 miles of Draper City Hall with funds immediately available to the city upon default; or
6.   Other method of security as agreed upon by applicant, the community development director and the city attorney.
B.   Improvements secured by an improvement completion assurance must be accompanied by an improvement completion assurance agreement. An improvement completion assurance agreement may specify the manner and timeframe for the completion of work contemplated by the agreement. (Ord. 1501, 10-5-2021)