A.   Permitted And Conditional Uses: Permitted and conditional uses allowed within residential zones shall be as set forth in section 9-10-090, table 9-10-1 of this chapter. Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "NP". Any permitted or conditional use not shown in section 9-10-090, table 9-10-1 of this chapter shall be prohibited unless the zoning administrator determines the use is substantially the same as a permitted or conditional use.

B.   Accessory Uses: The permitted and conditional uses set forth in section 9-10-090, table 9-10-1 of this chapter shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.

1.   Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the same zone, except as otherwise expressly provided in this title.

2.   No accessory use, building, or structure shall be allowed on a lot or parcel unless a permitted or conditional use has been established.

3.   Accessory uses in residential zones shall include, but not be limited to, the following:

A.   Accessory Buildings: The following requirements shall apply to any accessory building in a residential zone:

1.   All accessory buildings, regardless of size, shall be subject to the following regulations:

a.   An accessory building shall not encroach upon any easement or right of way, except as provided in section 9-27-070 of this title.

b.   The combined square footage of all detached accessory buildings shall not exceed eight percent (8%) of the total lot area.

c.   Accessory buildings shall not be located within ten feet (10') of any dwelling or building located upon an adjoining lot.

d.   Accessory buildings shall be set at least six feet (6') from the main building. (Ord. 769, 8-7-2007)

e.   Accessory buildings on a corner lot shall meet the same front yard setbacks as the main building. For purposes of locating an accessory building on a corner lot, the "front wall plane" is the plane of the main building containing the primary entrance.(Ord. 769, 8-7-2007; amd. Ord. 1251, 3-21-2017)

f.   In no case shall an accessory building be built into the required front yard setback.

g.   Separate meter connections for water, sewer, or gas utilities shall not be permitted for any accessory building.

2.   In addition to the requirements in subsection A1 of this section, the following requirements shall apply to accessory buildings:

a.   Accessory buildings two hundred (200) square feet in floor area or under shall:

(1)   Be located behind the front wall plane of the main building.

(2)   Meet all applicable fire and building code requirements.

(3)   Not exceed twelve feet (12') in height to the peak of roof, or highest roof point, whichever is greater.

b.   Accessory buildings over two hundred (200) square feet shall:

(1)   Be located behind the front wall plane of the main building;

(2)   Be a minimum of ten feet (10') from the property lines;

(3)   Not have exterior walls exceeding fifteen feet (15') in height, measured from the average grade of the lot as found in the building code presently adopted by Draper City;

(4)   Not have a roof exceed a twelve to twelve (12:12) pitch; and

(5)   Not exceed twenty five feet (25') as measured from average finish grade of the lot to the peak of the roof.

B.   Temporary Accessory Structures: The standards for temporary accessory structures related to a seasonal farm stand shall be as set forth in Section 9-27-260. (Ord. 769, 8-7-2007; amd. Ord. 1498, 8-3-2021; Ord. 1661, 7-1-2025)

A.   Chapter 22, "Design Standards And Guidelines".

B.   Chapter 23, "Landscaping And Screening".

C.   Chapter 24, "Natural Resources Inventory".

D.   Chapter 25, "Parking".

E.   Chapter 26, "Signs".

F.   Chapter 27, "Supplementary Development Standards". (Ord. 394, 8-7-2001)

A.   Standards:

1.   The width of the primary driveway shall not exceed thirty feet (30') in width and shall be at least twenty feet (20') in depth excluding sidewalks.

2.   If a residential lot has two (2) frontages and one of those frontages is located on a collector or arterial street, the primary driveway shall be located on the residential street only. No driveway access will be permitted onto the collector or arterial street.

3.   On a residential lot where the only access from the lot is to a collector or arterial street, a second curb cut may be permitted to create a horseshoe or half-circular driveway (see figure 1(b) of this section).

4.   All driveways shall be located a minimum forty feet (40') from a street intersection, as measured from back of sidewalk to edge of driveway.

B.   Secondary Driveway: A secondary driveway may be allowed under the following conditions:

1.   The width of the secondary driveway shall not exceed twenty four feet (24') and shall be at least twenty feet (20') in depth excluding sidewalks.

2.   Spacing between the primary driveway and the secondary driveway shall be a minimum ten feet (10'), not including flares (see figure 1 of this section).

3.   Lot frontage shall be a minimum sixty feet (60').

4.   Secondary driveway must be no closer than five feet (5') from the adjacent property line, as measured from property line to edge of driveway (see figure 1 of this section).

C.   Corner Lots: A secondary driveway may be allowed under the following conditions:

1.   Lot frontage on the side of the lot that contains the secondary driveway is sixty feet (60') or greater.

2.   The secondary driveway is located a minimum forty feet (40') from the street intersection, as measured from back of sidewalk to edge of driveway (see figure 1(c) of this section).

3.   The secondary driveway does not access a collector or arterial street (see figure 1(d) of this section).

4.   The secondary driveway does not exceed twenty four feet (24') in width and shall be at least twenty feet (20') in depth excluding sidewalks.

D.   Permit Process:

1.   Construction of any driveway, whether primary or secondary, shall be permitted in conjunction with a building permit or with an encroachment permit.

2.   Applicant shall demonstrate that traffic safety, sight distance, and character of the neighborhood are not adversely impacted, and shall comply with the design standards set forth in the Draper Standard Specifications and Details.

3.   Engineer may deny any proposed driveway that has the potential to cause a traffic hazard or other safety concern.

A.   Purpose: The purpose of the Planned Residential District is to encourage imaginative and innovative planning of residential neighborhoods which are not located in the City's Sensitive Lands Overlay Zone, to encourage the preservation of open space and significant natural features, to offer a wide variety of dwelling unit sizes and types, to permit greater flexibility in design of residential neighborhoods, and to enable development of larger parcels of property that would be difficult or less desirable to develop under conventional zoning and subdivision regulations.

B.   Qualification:

1.   No planned residential development (PRD) shall be established on any parcel located within the Sensitive Lands Overlay Zone. The minimum area to establish a PRD Zone is ten (10) acres.

2.   No PRD shall be approved that does not comply with all development requirements found within this chapter.

3.   No PRD application shall be accepted for property that has altered its natural condition through grading or land disturbance permit activity, within five (5) years prior to the application date for a PRD.

C.   Scope: A planned residential development is a residential development improved in accordance with an overall project plan and is characterized by the following:

1.   The density regulations of the zone in which the planned residential development is located are applied to the total developable area of the planned residential development rather than separately to individual lots and is related to the density recommendations of the General Plan.

2.   The provisions of this chapter shall apply only to any real property located in a single-family residential zone as shown on the official zoning map; land which lies within the Sensitive Lands Overlay Zone is not eligible to utilize the PRD provisions of this Code. Residential zones eligible for a PRD Overlay are the RA1, RA2, and R3 Zones; RH, RM1 and RM2 Zones are not eligible for a PRD Overlay. Other nonresidential zones within Draper City are not eligible for a PRD Overlay. No building, structure or real property shall be used and no building or structure shall be hereafter erected, structurally or substantially altered, or enlarged except as set forth in this chapter. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this Code, or other laws.

3.   Zoning directly from agricultural, commercial, manufacturing, open space, or institutional zoning to PRD is not allowed. Establishment of a base residential zone, which conforms to the land use recommendations of the Draper City General Plan, is required prior to submitting an application for PRD zoning and subsequent development approval.

D.   Uses Allowed:

1.   Permitted And Conditional Uses: Permitted and conditional uses allowed within residential zones shall be as set forth in section 9-10-090, table 9-10-1 of this chapter. Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "NP".

2.   Accessory Uses: The permitted and conditional uses set forth in section 9-10-090, table 9-10-1 of this chapter shall be deemed to include accessory uses and activities that are necessarily and customarily associated with and incidental and subordinate to such uses.

a.   Accessory uses shall be subject to the same regulations that apply to permitted and conditional uses in the base zone except as otherwise expressly provided in this title.

b.   No accessory use, building, or structure shall be allowed on a lot or parcel unless a permitted or conditional use has been established.

c.   Accessory uses in residential zones shall include all accessory uses allowed in the underlying residential zoning classification.

3.   Allowed Animal Rights: Although the underlying base zone may be RA1 or RA2 zoning, animal rights require special consideration within a PRD due to the potential for small lots and townhomes which cannot adequately support animals within their property. Therefore, within any PRD, the following requirements are in place and supersede the base zone requirements for the care and keeping of animals:

a.   The base residential zone shall be RA1 or RA2.

b.   The minimum parcel size to apply for large animal rights is twenty thousand (20,000) square feet.

c.   A conditional use permit is required to establish large animal rights.

d.   One animal unit per twenty thousand (20,000) square feet of lot area is the basic conditional use permit request.

e.   Additional animal units may be requested as part of the conditional use permit request if it can be shown that all standard conditional use permit evaluative criteria and required findings can be adequately met.

E.   Application Requirements: A PRD overlay is considered to be a legislative act of rezoning a parcel of land, and a rezoning application shall follow the standard zone map amendment process established by this title. A PRD approval process cannot begin prior to city council establishment of an underlying RA1, RA2 or R3 residential zone. In addition to the standard zone map amendment application requirements, a PRD application shall be accompanied by a development plan and concept subdivision plan which shall consist of:

1.   A professionally drawn map or maps drawn to a suitable scale, showing at least the following:

a.   The boundary of the proposed district.

b.   The topographic character of the land, at two foot (2') contour intervals.

c.   General drainage analysis and proposal.

d.   Accommodations for all utilities, showing a plan for location of utility boxes and facilities.

e.   The extent of grading intended for roads, utilities and building pads.

f.   The location of all public streets and proposed street cross sections.

g.   Location of public or common area uses proposed, such as schools, parks, open space, playgrounds, bicycle, pedestrian, and equestrian trails, or other recreational facilities. Public and private uses shall be specifically delineated.

h.   The location and configuration of different densities of dwelling units, showing lot sizes and ownership type.

i.   Where appropriate, said plan shall include recommendations on buffering from surrounding uses, such as intensive landscaping, building height limitations, and in rare circumstances, fences and walls. A substantial buffer shall be required when adjacent to property where large animal rights are allowed by permitted or conditional use (A5, A2, RA1, and RA2 zoning).

j.   Within the planned residential development, lots and units may be established of various size and type but shall be logical in size and shape and shall function by themselves and in relationship to other development units within the district or adjacent property.

k.   Site inventory of trees four inch (4") caliper or greater, and which trees are identified for preservation.

l.   Any and all requirements for a concept subdivision plan as required by this title and title 17 of this code.

2.   A development program including:

a.   A legal description of the district boundary.

b.   Size of the area.

c.   The overall density proposed, and shown as total units per gross acre of developable land.

d.   The type and mix of development units proposed, as well as four (4) sided architectural renderings.

e.   The disposition of all lands proposed for private ownership, public facilities or common ownership.

f.   A phasing schedule if the applicant contemplates construction in increments.

g.   The approximate size or range of anticipated dwelling size, in square feet, of each development unit.

h.   General landscaping and street tree plan, including proposals for buffering.

i.   Street design standards, public.

j.   Proposed project amenities, including all buildings, equipment, furniture, special landscaping features, recreational elements, and streetlighting.

3.   All proposed restrictive covenants. Covenants shall include all necessary legal mechanisms to maintain common areas. The proposed covenants shall include a proposal on fee collection and an entity for administration of the covenants and homeowners' association, and shall contain at least the following elements:

a.   Membership in the HOA shall be mandatory for all property owners within the PRD.

b.   The covenants, conditions and restrictions shall incorporate appropriate provisions for the establishment and maintenance of long term PRD site development standards, including enforcement mechanisms designed to assure coherent, coordinated development, maintenance and use activity with the PRD site.

c.   All improvements that are not dedicated to the city or accepted for ownership or maintenance by the city shall be perpetually maintained through a special district owners' association with the power to assess and collect fees for maintenance or other assessment and maintenance mechanisms acceptable to the city.

d.   Establishment of a reserve account for the replacement of all items of common property which will normally require replacement or maintenance within three (3) to thirty (30) years. An inventory of such items shall be required as part of this component.

e.   Potential buyers shall be informed of the full implications of purchasing within an HOA and the requirements that may be placed upon them as a resident and owner full disclosure is required to be recorded with the plat.

f.   Errors in the CCRs and HOA documents should be easily correctable by not requiring voting by all members for document changes, but rather a certain percentage of the HOA members. Documents must be able to be corrected to ensure its success.

g.   The formation of the HOA meeting these criteria shall be established by the developer prior to final plat approval, and shall be reviewed and approved by the city attorney prior to plat recordation.

h.   A property owner shall automatically obtain member status upon purchase of property within the PRD.

4.   All requirements of the natural resources inventory, required in chapter 24 of this title.

5.   All conditions agreed to by the applicant which are not included in the written documentation required under subsections A, B, C and D of this section are part of the development plan.

F.   Design Criteria And Development Standards: The planned residential development shall observe the following design criteria:

1.   The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships and shall conform in all respects to all adopted plans of all governmental agencies for the area in which the proposed development is located.

2.   The plan shall provide for a minimum of twenty five percent (25%) projectwide open space, circulation, off street parking, and pertinent amenities, and projectwide off street walkability and pedestrian scale design. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site.

3.   The proposed development shall be compatible with existing and planned land use, and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood and community.

4.   The internal street system shall not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities. The design of streetscapes shall be of a design that exceeds the standard subdivision street tree and streetlighting requirements.

5.   Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces provided. Public open space, trails, and facilities shall be located in a manner to maximize access for the general public.

6.   Architecture and landscape design shall be in harmony within the development and within the neighborhood and community. The development plan shall emphasize curb appeal, deemphasize the garage behind the main building line, and utilize high quality building materials, such as brick, stone, and synthetic concrete stone and upgraded siding type products throughout the development and as elements on all sides of buildings. Aluminum and vinyl siding are prohibited.

7.   A surveyed tree inventory shall be submitted with the application, and all trees over four inch (4") caliper shall be identified for preservation. A recommendation from a certified arborist shall be included where trees are proposed to be removed due to disease or infestation. Trees earmarked for removal shall be transplanted to landscape and buffer areas, using best management practices.

8.   Where adjacent to natural undeveloped open space areas, such as the Jordan River Parkway, Willow Creek, and Corner Creek, extreme sensitivity in design shall be given to the interface between public and private lands and trails, fencing design and wildlife compatibility issues. Where possible and desired by the city, project open space shall extend the natural open spaces rather than separate geographically such areas and proposed parks.

9.   All parks and main trails shall be connected by internal trails.

10.   All single-family dwellings shall maintain a minimum ten foot (10') side yard setback.

11.   All garages shall be set back a minimum of twenty feet (20') from the back of sidewalk or planned right of way.

G.   Property Development Standards:

1.   All land uses in a PRD district shall conform to the allowable uses of the underlying zoning district. Modifications of the underlying district's development standards may be allowed only as provided in the modifications procedure below.

2.   Any use requiring a conditional use permit in the underlying zoning district shall obtain approval as outlined in section 9-5-080 of this title prior to the establishment of the use.

3.   Except as expressly provided herein, all provisions of the zoning and subdivision ordinances shall apply to development in the PRD district.

4.   The area proposed for a PRD shall be in one ownership or control during development to provide for full supervision and control of said development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final subdivision plats. Mere development agreements between individuals shall not satisfy this requirement. Individual ownership, partnerships, corporations, and other legally recognized entities are acceptable. The city shall have the right to review all documents establishing legal entities.

5.   All public streets shall conform to adopted city cross sections and construction standards. Private streets or lanes are not allowed within a PRD.

6.   Street trees shall be of a species that will create a large tree canopy and which are suited to the development and soil conditions of the property. Small canopy, columnar, and ornamental trees shall be limited in the approved landscape plan to accent areas, common areas, and small buffer areas, but are not to be utilized as formal street tree plantings. The Draper City tree guide shall provide guidance for appropriate trees.

7.   No remnant parcels shall be created. Any land not proposed for development shall be designated as open space or common areas, as appropriate.

8.   The final development plans shall be prepared by a design team composed of an architect, a landscape architect, a civil engineer, a geotechnical engineer, a registered geologist, and a land surveyor, all licensed to practice in the state of Utah. A statement identifying the team shall be part of the development application. Where necessary, documents and submittals shall contain the wet stamp and wet signature of the licensed professional.

H.   Property Development Standards Modification Procedure:

1.   Modifications to minimum lot and yard standards may be approved by the city in connection with a PRD overlay zone, subject to compliance with the maximum overall density and lot yield for the property.

2.   The application shall be accompanied by written terminology and graphic material, which shall illustrate the conditions that the modified standards will produce, so that the planning commission and city council can make the determination that the modification will produce a living environment, landscape quality and project superior to that produced by the standard residential development standards.

I.   Requirements For All PRDs:

1.   Base Density: Developable land is land under thirty percent (30%) slope which is capable of being improved with landscaping, recreational facilities, buildings, streets, or parking. Developable land does not include identified watercourses, to the typical high water flow line. The hypothetical base density of a subdivision shown below only represents a calculated average of land development in Draper City, based on the minimum requirements of the base zone, and the typical city street dedication requirements, and shall be applied to only defined developable land within a proposed PRD; it is shown for demonstrative purposes only. The specific project density for any application may differ from these hypothetical numbers due to any number of development related factors, and could be higher or lower. Specific density calculations are found in subsection I3 of this section.

2.   Required Components For All PRDs:

a.   Provision Of Public Open Space: This shall mean the provision of common open space which is distinguishable by its quantity or quality and which is readily accessible to the residents of the development and the public. Opportunities to connect to adjacent open space or park areas are preferred methods to achieve this requirement as encouraged as per the Draper City open space conservation plan and the Draper City parks, trails, and recreation plan. Examples of such areas are the Jordan River Parkway, Willow Creek, and Corner Creek, but may include other locally important spaces, trails, and parks. The minimum overall open space to qualify for this factor is twenty five percent (25%) of the entire project area within the project area (road rights of way, park strips, private trails, and private yards cannot be utilized in calculating this percentage). One-half (1/2) of the overall provided open space shall be considered "developable land", as defined within this chapter (minimum 20 percent of overall project acreage). Public trails which conform to the locations shown on the Draper City master parks and trails plan, and related public spur trails, can be counted for this requirement. Small gathering places are also encouraged to be utilized and integrated throughout the project and shall be open to the public whether maintained privately or publicly. All public open space that meets this requirement does not necessarily constitute acceptance of the open space for perpetual maintenance by Draper City.

No more than twenty five percent (25%) of the required overall PRD open space shall be in the form of linear parks or trails.

b.   Preservation Of Natural Features: Preservation of natural features shall include the preservation of drainages, washes and canals, significant stands of native vegetation, significant trees or other topographic, scenic, natural, or historical features, provided such features are left in their undisturbed natural state. Plat or deed restrictions, maintenance agreements, conservation easements, limits of disturbance, and other legal mechanisms shall be proposed by the applicant as part of the evaluation consideration for this factor. Limiting grading cuts and fills, redesigning streets, and redesigning floor plans to work with topography can also assist in achieving natural feature preservation. Attempting to receive or receiving a land disturbance permit or grading permit prior to PRD approval shall negate the ability to achieve this requirement, and accordingly, will render the entire application for a PRD moot and is not allowed. PRD applications shall be eligible only for natural, undisturbed project sites.

   Where indicated and approved within the overall PRD development plan, existing site features may be remediated to become more natural, more environmentally sensitive, or to increase biodiversity. Examples of this could include: removal of noxious, exotic, or nonnative vegetation and replacement with Utah native plants; reestablishment of biological riparian streambank vegetation to aid in erosion control and natural channel enhancements; or removal of hazardous soil or environmental contaminants and replacement with Utah native soil or vegetation types. The construction of riprap, concrete lined channels, or other manmade, engineering solutions to channel control is not considered preservation of natural features. Methods utilizing biological processes, native plants, bioengineering, and landscape architecture principles shall be the preferred and required methods of mitigation, restoration, and project design.

c.   Interior Amenities And Innovative Site Plan: Interior amenities shall mean the provision of private recreational facilities such as tennis courts, swimming pools, recreational centers, multiuse, nonmotorized paths and trails, and private open spaces or parks which are accessible only to the residents within the proposed development. In order to qualify for this requirement, the entire project area must also be determined to be innovative in nature, which requires a mix of lot sizes, dwelling units and ownership types, integration of amenities and internal walking paths, wrought iron or similar increased quality perimeter fencing and landscaping, enhanced landscaping, privately maintained and architecturally designed entry features, high architectural standards and design review processes, and an administrable plan to vary house design, sizes, and heights.

3.   Increased Density Allowance: As a legislative action, determination of increased overall project density shall be at the discretion of the city council as part of the PRD overlay zone map amendment process, but shall be subject to the following considerations:

a.   Prior to any determination of increased density, a project must first establish base unit yield, as shown in total single- family residential units for the overall project. To establish this base residential yield, the applicant must include only developable area as defined in this subsection I, and all yielded lots must meet all minimum requirements for the base zone and all standard city minimum street right of way widths. The city shall verify the accuracy of this base yield calculation as part of its initial PRD review.

b.   In order to qualify for any increased density at all, a PRD must demonstrate substantially that all requirements in subsection I2 of this section have been met to the satisfaction of the city.

c.   If all requirements in subsection I2 of this section have been met, a PRD shall be eligible for an increased density allowance of up to twenty five percent (25%) of the base residential yield. This yield shall be allocated across the entire project in accordance with the standards found within this chapter.

J.   Building Height:

1.   Building height shall not exceed thirty five feet (35'), as measured per the adopted building code of Draper City. The planning commission and city council may place additional height restrictions where necessary to preserve views or to achieve compatibility with the surrounding neighborhood. Adding fill on individual building pads to increase building height is not allowed.

2.   Buildings shall not exceed one story within fifty feet (50') of a single-family district boundary line where:

a.   There exists on an adjacent lot a one-story residence; or

b.   There are zoning restrictions which limit adjacent undeveloped lots to one-story residences.

K.   Perimeter Setback Requirements:

1.   Where a planned residential development (PRD) project abuts a single-family development, the buildings on the PRD shall be set back from the perimeter property line a distance at least as much as the required rear yard or perimeter setback of the adjacent district. A landscape plan for this required setback area shall be submitted.

2.   Where a planned residential development (PRD) project abuts a single-family district where perimeter walls are specifically approved or required to be set back from the common perimeter property line, perimeter walls on the PRD development shall provide equal or greater setbacks.

L.   Findings Required: Before approval or modified approval of an application for a proposed PRD overlay zone, the planning commission and city council must find:

1.   That the development proposed is in substantial harmony with the general plan of Draper City, and can be coordinated with existing and planned development of surrounding areas.

2.   That the streets and thoroughfares proposed are suitable and adequate to serve the proposed uses and the anticipated traffic which will be generated.

3.   That the facts submitted with the application and presented at the hearing will establish beyond a reasonable doubt that the planned residential development will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding area; and that the sites proposed for public facilities such as schools, playgrounds and parks, are adequate to serve the anticipated population.

4.   That the proposed development will result in a residential development that is superior in quality and public benefit than a standard residential development.

5.   That all required elements of providing public open space, preserving natural features, and providing interior amenities and an innovative site plan, have been met, in accordance with this chapter.

M.   Concept Plan Review Satisfied: Approval of a PRD zone and development plan by the city council shall constitute approval of a subdivision concept plan, as required by title 17 of this code. Preliminary and final plat approvals shall follow standard city requirements. (Ord. 726, 2-6-2007)