A.   Abandoned Vehicles Prohibited: It shall be unlawful to park or permit the parking of any licensed or unlicensed motor vehicle of any kind or parts thereof, in a wrecked, junked, partially dismantled, inoperative or abandoned condition, whether attended or not, upon any private or public property within the city for longer than seventy two (72) hours, except in the case of the following:

1.   In a residential or agricultural zone, two (2) or less such vehicles or parts thereof may be stored within a building or be completely screened by a six foot (6') high opaque, sight obscuring fence.

2.   In a commercial or industrial zone, any number of such vehicles or parts thereof may be permitted if:

a.   Such use is authorized in the zone where the use is located, and

b.   Vehicles or parts thereof are stored within a building or are completely screened by a six foot (6') high opaque, sight obscuring fence.

B.   Nuisance: The accumulation and storage of more than the permitted number of vehicles or parts thereof, as defined above, on private or public property except as set forth above shall constitute a nuisance, detrimental to the health, safety and welfare of the inhabitants of the city. It shall be the duty of the owner of such vehicle or parts thereof, or lessee, or other person in possession of private property upon which such vehicle or parts thereof is located, to remove the same from such property. (Ord. 394, 8-7-2001)

A.   Purpose and Intent: The guidelines and provisions of this section are intended to:

1.   Minimize nuisances to neighboring property owners;

2.   Prevent rodent, insect, vermin, and pest proliferation;

3.   Prevent the spread of disease; and

4.   Provide the ability for residents to provide for themselves and produce food for the exclusive benefit of their families without the need for a conditional use permit.

B.   Keeping of Chickens: Exclusive and independent of the terms and requirements of section 9-27-050 of this chapter and other applicable provisions of this code regarding animal rights, residents may keep and maintain chickens on their property subject to the standards and guidelines of this section. Keeping of chickens according to this section shall be permitted in all residential and agricultural zones; provided, that all standards and provisions of this section can be fully maintained.

C.   Standards of Care: The following standards for care of chickens shall be required in all cases where the provisions of this section are applied:

1.   Chickens may be kept strictly for familial gain of those residing on the property. There shall be no sale of eggs, poultry or poultry products resulting from the keeping of chickens under this section.

2.   Up to six (6) chickens may be kept on any one lot or parcel that is less than or equal to eleven thousand five hundred square feet (11,500 ft2) in size. An additional one (1) chicken is permitted for each additional one thousand five hundred square feet (1,500 ft2) in overall lot or parcel size, up to a maximum of twenty five (25) chickens. Chicks and juvenile chickens (pullets) under the age of six (6) months shall not count toward this limit, however the number of chicks and juvenile chickens being raised simultaneously while keeping chickens shall not exceed fifty percent (50%) of the maximum number of chickens allowed for the lot or parcel.

3.   Chickens may be kept on properties containing a detached single-family dwelling or a detached single-family dwelling with a detached accessory dwelling only, although vacant properties directly adjacent to a lot or parcel containing a detached single-family dwelling or detached single-family dwelling with a detached accessory dwelling under the same ownership may be used for the keeping of chickens. When chickens are kept on a property containing a detached single-family dwelling with a detached accessory dwelling the total number of chickens kept on the property may not exceed the limits based upon lot or parcel size set forth in 9-27-055(C)(2) above.

4.   There shall be no roosters or crowing hens.

5.   Chickens may not be kept or allowed to roam within the living quarters of a detached single-family dwelling or a detached single-family dwelling with a detached accessory dwelling.

6.   All enclosures, pens, coops, and run areas shall be maintained in good condition at all times so as to keep it rodentproof from all sides, including burrowing.

7.   Manure shall be removed from the pens, coop, and run areas at least weekly or as necessary to prevent insect breeding, vermin attraction, offensive odor, or any other nuisance per Salt Lake Valley health department standards.

8.   Compost piles must be at least five feet (5') from the nearest property line and shall be managed in a way that prevents the spread of disease, the propagation or harboring of insects or rodents, the creation of any nuisance, offensive odor at the property line, or any other condition that might adversely affect public health, including noise, as required by Salt Lake Valley health department regulations.

9.   All enclosures, pens, coops, and run areas shall be kept and maintained in a clean and sanitary condition.

10.   All enclosures, pens, coops, and run areas shall be located to the rear of the primary detached single-family dwelling on the property and the yard shall be completely fenced using site obscuring fencing so as to prevent sight of such areas to the greatest degree possible.

11.   All animal food storage and feeding areas shall be completely secured from insects, rodents, and other vermin per Salt Lake Valley health department standards.

12.   Clean water shall be available to the chickens at all times.

13.   All enclosures, pens, coops, compost, and run areas shall be located at least thirty feet (30') from the primary detached single-family dwelling or habitable dwelling on adjoining properties, at least five feet (5') from the property line, and at least ten feet (10') from any structure containing a habitable dwelling on the same property.

14.   Dead birds and discarded or rotting eggs shall be removed from the lot or parcel and be properly disposed of within twenty four (24) hours.

15.   Chickens may not be permitted to roam beyond the locational requirements for enclosures, pens, coops, and run areas.

16.   To prevent disease, all chickens should be vaccinated yearly and appropriate biosecurity measures should be in place using the guidelines of the United States department of agriculture.

D.   Runs, Structures, And Coops:

1.   Required: The keeping of chickens shall require the provision of a run area and a coop. The coop shall be constructed such that it provides adequate shelter and space for chickens to roost. Run areas shall be connected to the provided coop and provide some method by which chickens are not allowed to freely roam beyond the run area, including flying out of run area.

2.   Structures: Structures and coops used for the keeping and feeding of chickens according to this section shall be designed and constructed:

a.   With solid walls on all sides, exclusive of openings for animals and access to animals;

b.   With a solid roof;

c.   So as to prevent intrusion, including by burrowing, from all types of rodents, vermin, and predatory animals; and

d.   Such that they resemble typical accessory buildings and are not unsightly.

3.   Permits: Structures or coops of a large enough size, or that are being altered, that would require a building permit shall apply for and be issued such a permit by the city prior to construction or alteration for use for the keeping of chickens.

E.   Violations: Violation of any provision of this section may result in immediate removal of any or all chickens. Violations may also be subject to other civil or criminal penalties based on the nature of the violation. (Ord. 892, 6-23-2009; amd. Ord. 1475, 3-2-2021)

A.   State Law Requirements: The owner or owners of real property may construct a new condominium project or convert existing land and/or structures into a condominium project by complying with the provisions of Utah Code Annotated title 57, chapter 8, as amended, and applicable provisions of this title and other titles of this code.

B.   Uses Permitted: Uses permitted within a condominium project shall be limited to those uses permitted within the zone in which the project is located. (Ord. 394, 8-7-2001)

A.   Location: Any structure in an easement area shall be located pursuant to the setback and other applicable requirements of this title.

B.   No Expansion Of Legal Rights: Nothing in this section is intended to expand or restrict the rights or obligations of any party to any recorded easement. (Ord. 394, 8-7-2001)

A.   Height: A fence, wall, or other visual obstruction, excluding trees, shall comply with the following:

1.   When located within the required front yard a fence, wall, or other visual obstruction, not including trees shall not exceed four feet (4') in height unless a greater height is allowed by a conditional use permit or as otherwise permitted in this title.

2.   When located behind the front wall plane a fence, wall, or other visual obstruction, not including trees, shall not exceed six fee (6') in height unless a greater height is allowed by a conditional use permit or as otherwise permitted in this title.

B.   Driveways: No obstruction to view in excess of three feet (3') in height shall be placed at any driveway or automobile accessway within the triangular area formed by connecting the points of intersection of the side driveway or accessway line and the property or side street line with points twelve feet (12') along the property line and twelve feet (12') along the driveway line.

C.   Corner Lots: In all zones which require a front yard, no obstruction to view in excess of three feet (3') in height shall be placed on any corner lot within a triangular area formed by the right of way boundary and the line connecting them at points thirty feet (30') from the intersection of the right of way boundary line, except for:

1.   A reasonable number of trees pruned high enough to permit unobstructed vision to an automobile driver; or

2.   Monument identification signs when permitted by this title.

3.   For purposes of locating fences, walls, landscaping and other similar visual obstructions, a corner lot shall have one "front", which is defined as parallel with the side of the residential structure which contains the primary entrance.

D.   Trees: All mature trees located within fifteen feet (15') from a street curb, or the edge of the street pavement where there is no curb, shall be pruned to remove all branches to a height of at least nine feet (9') above the elevation of the curb or street pavement. New trees planted within fifteen feet (15') of the curb or edge of street pavement shall be of a type that allows for the required pruning when maturity is reached.

1.   Visibility within the public right of way must not be restricted in a manner that creates unsafe conditions as determined by the city engineer.

2.   If a tree is deemed unsafe by the city engineer, it may be removed by either the property owner or the city without the requirement for a replacement tree to be planted.

E.   Other Visual Obstructions: Fences, walls, and other visual obstructions, not including trees, between six feet (6') and ten feet (10') in height shall be allowed only behind the front wall plane, and shall require a conditional use permit. Any such visual obstruction over six feet (6') in height must meet the setback requirements for accessory buildings unless otherwise permitted by a conditional use permit, except that no wall shall be constructed within a utility easement without the prior written permission of all affected utility companies. No fences, walls, or other visual obstructions over ten feet (10') in height are allowed, excluding trees.

F.   Figure 1, Corner Lot Fencing Guidelines:

A.   Applicability: This section applies to all "retaining walls", as defined in section 9-3-040 of this title.

B.   Building Permit Required: Except as otherwise provided in subsection C of this section, all retaining walls require a building permit prior to construction or alteration. Permit applications shall be processed and issued in accordance with building permit procedures and applicable provisions of this section. Building permit review fees will be assessed and collected at the time the permit is issued.

C.   Building Permit Exemptions: The following do not require a building permit:

1.   Retaining walls less than four feet (4') in exposed height with less than ten horizontal to one vertical (10H:1V) (horizontal:vertical) front and back slopes within ten feet (10') of the wall;

2.   Nontiered retaining walls less than three feet (3') in exposed height with back slopes flatter than or equal to two horizontal to one vertical (2H:1V) and having front slopes no steeper than or equal to four horizontal to one vertical (4H:1V);

3.   Tiered retaining walls less than three feet (3') in exposed height per wall and which have front slopes and back slopes of each wall no steeper than or equal to ten horizontal to one vertical (10H:1V) within ten feet (10') of the walls; and

4.   Retaining walls less than fifty (50) square feet in size.

D.   Geologic Hazards Ordinance Applicability: The Draper City geologic hazards ordinance, Title 10, Chapter 7, and Appendix B, "Minimum Standards For Slope Stability Analyses", of the Geotechnical Engineering Standards, requires global stability analysis of modified natural slopes steeper than three horizontal to one vertical (3H:1V) and cut or fill slopes of two horizontal to one vertical (2H:1V) or greater.

E.   Engineer Design Required: All retaining walls required to obtain a building permit shall be designed by an engineer licensed by the state of Utah.

F.   Height, Separation And Plantings:

1.   For the purposes of this subsection, the height of a retaining wall is measured as the exposed height (H) of wall. If a retaining wall has a varying height along its length, the height is the largest value of the measured height along the length of the wall.

2.   For the purposes of this subsection, front setback area shall mean the setback area adjacent to a street. For corner lots, as defined in 9-3-040, the two (2) front setback areas shall be the two (2) front yards.

3.   A single retaining wall shall not exceed nine feet (9') in height. Within the front setback area, each retaining wall shall not exceed four feet (4') in height, except in the Hillside Sensitive Lands Overlay Zone where each retaining wall within the front setback area shall not exceed nine feet (9') in height.

4.   Terracing of retaining walls is permitted, but the combined height of all walls shall not exceed eighteen feet (18'). Walls with a separation of a distance of at least two times the height of the tallest wall (2 x height, height of largest of 2 walls) from face of wall to face of wall shall be considered as separate walls. In a terrace of retaining walls, a minimum horizontal separation of at least half the height of the tallest wall of the terraced retaining walls group (height of largest wall/2) is required as measured from back of lower wall to face of higher wall. See figure 9-27-085-1.

5.   Walls within thirty feet (30') of a street:

a.   The area in front of each retaining wall shall require a minimum of five (5) shrubs for every twenty (20) linear feet of planting area. Shrubs shall be watered by drip irrigation to minimize erosion.

b.   Retaining walls shall be colored, feature decorative or architectural finishes such as, but not limited to, rock wall, board form, or split face. Plain exposed poured concrete shall not be permitted.

6.   Retaining walls shall be located at least seven feet (7') away from any property line that is adjacent to a street.

7.   A maintenance plan is required for a retaining wall permit.

G.   Submittals: The following documents and calculations prepared by a licensed engineer of the state of Utah shall be submitted with each retaining wall building permit application:

1.   Profile drawings if the retaining wall is longer than fifty (50) linear feet, with the base elevation, exposed base elevation and top of wall labeled at the ends of the wall and every fifty (50) linear feet or change in grade;

2.   Cross sectional drawings, including surface grades and structures located in front of and behind the retaining wall a distance equivalent to three (3) times the height of the wall and if the wall is supporting a slope, then the cross section shall include the entire slope plus surface grades and structures within a horizontal distance equivalent to one times the height of the slope;

3.   A site plan showing the location of the retaining walls with the base elevation, exposed base elevation and top of wall labeled at the ends of the wall and every fifty (50) linear feet or change in grade;

4.   Material strength parameters used in the design of the retaining wall, substantiated with laboratory testing of the materials as follows:

a.   For soils, this may include, but is not limited to, unit weights, direct shear tests, triaxial shear tests and unconfined compression tests;

b.   If laboratory testing was conducted from off site but similar soils in the area, the results of the testing with similar soil classification testing must be submitted;

c.   For segmented block walls, the manufacturer's test data for the wall facing, soil reinforcement, and connection parameters shall be submitted in an appendix;

d.   Minimum laboratory submittal requirements are the unit weight of retained soils, gradation for cohesionless soils, Atterberg limits for cohesive soils, and shear test data;

e.   Soil classification testing shall be submitted for all direct shear or triaxial shear tests;

f.   If a Proctor is completed, classification testing shall be submitted with the Proctor result; and

g.   Laboratory testing shall be completed in accordance with applicable American Society For Testing And Materials (ASTM) standards;

5.   Design calculations ensuring stability against overturning, base sliding, excessive foundation settlement, bearing capacity, internal shear and global stability as follows:

a.   If geogrids are used, additional calculations for pullout, tensile overstress, internal sliding, facing connection and bulging shall be completed, and other calculations used to meet design standards for that particular material are required;

b.   The design engineer shall indicate the design standard used and supply a printout of the input and output of the files in an appendix;

c.   Calculations shall include analysis under static and seismic loads, which shall be based on the characteristic earthquake or maximum credible earthquake (MCE), with spectral acceleration factored for site conditions in accordance with the IBC;

d.   Mechanically stabilized earth (MSE) walls shall be designed in general accordance with 2001 FHWA NHI-00-043 "Mechanically Stabilized Earth Walls And Reinforced Soil Slopes" or the National Concrete Masonry Association (NCMA) "Design Manual For Segmental Retaining Walls";

e.   Rock walls shall be designed in general accordance with the 2006 FHWA-CFL/TD-06-006 "Rockery Design And Construction Guidelines"; and

f.   Concrete cantilever walls shall be designed in general accordance with specifications provided in current American Concrete Institute or American Society Of Civil Engineers publications;

6.   A global stability analysis demonstrating minimum factors of safety of at least 1.50 under static conditions and at least 1.10 under seismic loading conditions as follows:

a.   Factors of safety results shall be presented to the nearest hundredth;

b.   Seismic loads shall be based on the characteristic earthquake, with spectral acceleration factored for site conditions in accordance with IBC;

c.   The cross sectional view of each analysis shall be included, and the printout of the input and output files placed in an appendix; and

d.   The global stability analysis may be omitted for concrete cantilever retaining walls that extend to frost depth, that are less than nine feet (9') in exposed height, absent of supporting structures within thirty feet (30') of the top of the wall, and which have less than ten horizontal to one vertical (10H:1V) front and back slopes within thirty feet (30') of the retaining wall structure;

7.   A drainage design, including a free draining gravel layer wrapped in filter fabric located behind the retaining wall with drainpipe day lighting to a proper outlet or weep holes placed through the base of the wall, however:

a.   A synthetic material designed for the application may be used in lieu of the gravel;

b.   If the engineering can substantiate proper filtering between the retained soils and the drain rock, then the filter fabric may be omitted; and

c.   If the retaining wall is designed to withstand hydrostatic pressures or the retained soils or backfill is free draining as substantiated through appropriate testing, then drainage material may be omitted from the design;

8.   The design engineer's acknowledgment of the soil strength parameters used in the design and the engineer's acceptance of the site for use of the retaining wall and if a separate geotechnical report was prepared and used by the design engineer, the geotechnical report shall be submitted, substantiating the values used for the materials strength analysis; and

9.   An inspection frequency schedule.

H.   Preconstruction Meeting: At least forty eight (48) hours prior to construction of any approved retaining wall, a preconstruction meeting shall be held as directed by the building official. The meeting shall include the city's reviewing engineer, the building official or a member from the community development department, the design engineer, and the project manager or property owner.

I.   Inspections And Final Report: The design engineer shall make all inspections needed for final approval and acceptance of the retaining wall when construction is complete. A final report from the engineer shall state that the retaining wall was built according to the submitted design. The report shall include details of the inspections of the wall in accordance with the inspection frequency schedule. All pertinent compaction testing shall also be included with the final report.

J.   Maintenance: All retaining walls must be maintained in a structurally safe and sound condition and in good repair. (Ord. 937, 4-20-2010; amd. Ord. 1431, 5-5-2020; Ord. 1696, 12-16-2025)

A.   Factors: When property is subdivided, flag lots shall only be allowed under the following circumstances:

1.   When development of the property on a private lane utilizing existing zoning and subdivision regulations is not possible;

2.   As a lot split or within subdivisions of fewer than ten (10) lots;

3.   Where creation of a flag lot does not foreclose the possibility of future development of other large interior parcels that would be developable if a street were extended to them subject to the street connection requirements found within section 17-5-030(A); and

4.   The flag lot does not have frontage on a classified street as defined by and illustrated in the Draper City Master Transportation Plan.

B.   Development Standards: When flag lots are permitted, they shall be subject to the following conditions:

1.   A flag lot as defined in section 9-3-040 shall be comprised of a narrow staff portion that is contiguous with a wide flag portion.

2.   The staff portion of the lot shall front on and be contiguous to a local street, whether public or private.

3.   Two (2) flag lots with contiguous staffs are prohibited.

4.   The minimum width of the staff portion at any point shall be twenty feet (20') of paved access width. Greater staff width may be required by the fire marshal based on the access width requirements of the International Fire Code (IFC).

5.   The maximum length of the staff shall be five hundred feet (500') as measured from the street right of way line to the beginning of the flag portion of the lot. The flag portion of the lot shall begin at the property line or line segments which define the minimum front yard depth per the minimum listed setbacks for main buildings.

6.   The driveway access within the staff shall be paved with asphalt or concrete to a minimum width of twenty feet (20'). Design of the driveway shall provide a manner for controlling drainage water acceptable to the city engineer. The load bearing capacity of the driveway may be required to be designed to support the weight of fire and emergency vehicles as required by the fire marshal and city engineer.

7.   The maximum grade of the staff shall not exceed ten percent (10%) except in the Hillside Sensitive Lands Overlay Zone where the maximum grade shall not exceed twelve percent (12%).

8.   For lots where the staff portion is over one hundred fifty feet (150') in length, sufficient turnaround space for emergency vehicles shall be provided and an easement for access by emergency vehicles will be required. The fire marshal shall review and approve the design and location.

9.   No building or structure shall be located within the staff portion of a flag lot.

10.   The size of the flag portion of the lot shall conform to the minimum lot size requirement of the zone in which the lot is located, but in no case be less than fifteen thousand (15,000) square feet. The staff portion of the lot shall not be included in this minimum lot size calculation.

11.   The front yard of a flag lot shall be on the side of the flag portion which connects to the staff and which is most closely parallel to the street the staff connects to. Setbacks for all main buildings shall be a minimum of twenty five feet (25') from all property lines for all flag lots less than or equal to twenty thousand square feet (20,000 ft²) in size, and thirty feet (30') for all flag lots greater than twenty thousand square feet (20,000 ft²

12.   All accessory buildings and structures shall follow the regulations contained in section 9-10-040 except that accessory buildings and structures over two hundred square feet (200 ft²) in size can be built no closer than fifteen feet (15') to a neighboring property line.

13.   Fencing and landscaping shall comply with the limitations related to view obstructions listed in section 9-27-080. Fencing along or around the staff portion shall not exceed three feet (3') in height when abutting the front yard of an adjacent lot or parcel.

14.   Fire hydrants shall be provided to serve the flag lot as required by the International Fire Code. Any fire hydrants located in the public rights of way shall be dedicated to the water provider for access to and maintenance of the hydrant.

15.   The maximum height of main buildings on flag lots is limited to two (2) stories and a maximum of thirty feet (30').

16.   Total lot coverage of flag lots is limited to no more than thirty five percent (35%) of the area contained within the flag portion of the lot.

17.   Clear address signage must be installed and maintained at the street.

18.   The developer shall construct frontage improvements in accordance with the requirements set forth in section 9-27-100 of this chapter and subsection 17-5-060B of this code.

A.   Use Changes: Use changes from lesser to greater intensity shall require the installation of frontage improvements consistent with the intended use as reasonably determined by the planning commission.

B.   Extent Of Improvements: When the size of a lot or parcel exceeds minimum zone requirements, the planning commission may determine the extent of the required improvements if the frontage adjoining a public street is, in its judgment, excessive based on cost calculations reviewed by the city engineer. However, frontage improvements shall be provided for no less than the minimum lot width required by the zone in which the lot or parcel is located.

C.   Dedication And Construction Of Improvements: When widening of a public street is planned, as shown on the city's master traffic and transportation plan, street right of way and frontage improvements associated with proposed development shall be dedicated to the public and improved without cost to the city to the extent the development creates a demand for such improvements as determined by the planning commission after receiving a recommendation from the city engineer.

D.   Appeals: If a street dedication and improvement requirement is alleged to not be proportional to the demand created by new development, such requirement may be appealed pursuant to section 2-4-060 of this code. (Ord. 394, 8-7-2001)

A.   Install Improvements: Install a fair share of improvements according to the city engineer's calculations, of the developer's obligation applied to one or more of the full frontage improvements that extend beyond the developer's property to complete a tie-in or to a logical terminus.

B.   Form An Assessment Area: Form an assessment area, pursuant to Utah Code Annotated, to complete the developer's fair share of improvements and additional improvements to benefit the neighborhood.

C.   Pay Assessment: Place funds in an escrow account equal to the estimated cost, as determined by the city engineer's calculations, and as approved by the city council, of the developer's obligation for frontage improvements. Such funds shall go to the installation of street and frontage improvements in projects determined by the city according to its discretion of priority. Placement of the funds into an escrow account shall not be construed to imply or guarantee to the developer a specific time when improvements will be installed on the frontage or right of way with funds from a city sponsored improvement project. However, such escrow shall exempt the developer from participating in a special improvement district formed by the city for the same improvements. Any interest which may accrue on escrowed funds shall be available to the city for use in the improvement project. (Ord. 1132, 2-17-2015)

A.   Method Of Measurement: Except as provided elsewhere in this title, height shall be measured as follows:

1.   Fences, walls, and hedges shall be measured from the average finished grade of the fence, wall, or hedge line.

2.   Where there is a difference in the grade of the properties on either side of a fence or wall located on the boundary line of a lot or parcel, the height of a fence or wall shall be measured from the upper grade of the adjoining properties wherein the measured height may equal six feet (6') at the upper grade.

3.   Measurement of height of an accessory building shall be as outlined in subsection 9-10-040A of this title.

B.   Additional Height Allowed: The provisions of this title shall not apply to restrict the height of integral architectural features that are not used for human occupancy, including but not limited to spires, towers, belfries, cupolas, domes, monuments, chimneys, water tanks, elevator bulkheads, or properly screened mechanical appurtenances located on the roof of a building. In the TC zone additional height may be approved by the planning commission per the standards of subsection 9-11-090(D)(2)(a). No additional height is allowed for buildings in the CN zone. In all other commercial zones the zoning administrator may approve additional height for integral architectural features of buildings in compliance with the following standards:

1.   The overall proposed height of the architectural feature shall not exceed fourteen feet (14') above the applicable building height limitations of the zone.

2.   The architectural feature shall not create a detrimental impact to public health, safety, or general welfare.

3.   The overall area of the architectural feature may not exceed ten-percent (10%) of the gross floor area of the uppermost story of the building.

4.   The architectural feature shall not create additional habitable area or usable building floor space.

5.   The overall building design shall include one or more of the following:

a.   Architectural details that emphasize the pedestrian level of the building, including but not limited to, a cordon or belt course, sign band, awnings or porticos, a change in building materials, or a change in window shapes;

b.   Architectural detailing of the façade that includes a projecting cornice at the roofline and cordons or belt courses between floors, or accentuated building façade zones, as fitting to the architectural style of the building; or

c.   Other architectural features at the roof level that create a distinctive form or skyline, including, but not limited to, rooftop gardens, viewing platforms, shading or daylighting structures, renewable energy systems, and other similar features.

6.   For a church, place of worship, or public building only the standards listed in 9-27-120(B)(2) and 9-27-120(B)(4) of this subsection shall apply to integral architectural features that are not used for human occupancy.

C.   Minimum Height Of Main Buildings: No dwelling shall be erected to a height less than one story above grade, except that the planning commission may authorize dwellings designed to be completed with earth mounds when all applicable building and safety code regulations are met.

D.   In zones where the maximum building height is less than thirty-five feet (35') a permitted Municipal Use, Franchise Municipal Use, Government Service, and Operations Center may be erected up to thirty-five feet (35') in height if the building is set back from each property line an additional one foot (1') for each additional one foot (1') of building height above the standard height limit for the zone. Additional height of integral architectural features subject to the provisions of 9-27-120(B) shall not be included in the additional setback calculation. (Ord. 1132, 2-17-2015; amd. Ord. 1535, 5-3-2022)

A.   Every Building On Legally Created Lot: Every building shall be located and maintained on a legally created lot or parcel as defined in this title, unless such lot or parcel is legally nonconforming as set forth in chapter 6 of this title. Not more than one single-family residence or commercial structure shall occupy any one lot or parcel except as authorized pursuant to the provisions of this title.

B.   Sale Or Lease Of Required Land: No land needed to meet the size, width, yard, area, coverage, parking or other requirements of this title shall be sold, leased, or otherwise transferred away so as to create or increase the nonconformity of a lot, building, or site development.

C.   Substandard Lots: No lot or parcel having less than the minimum width and area required by the zone where it is located may be divided from a larger parcel of land, whether by subdivision or metes and bounds, for the purpose, whether immediate or future, of building or development as a lot except as permitted by this section or by the appeals and variance hearing officer pursuant to the requirements of this title.

1.   If a portion of a lot or parcel of land which meets minimum lot area requirements is acquired for public use by condemnation or purchase, and such acquisition reduces the minimum area required, the remainder of such lot or parcel shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:

c.   The remainder of such lot or parcel of land has access to a public street with a width of not less than twenty feet (20').

d.   The acquisition or dedication of land for public use is not connected with an application filed under Title 9 or Title 17 of this code.

D.   Adjacent Lots When Used As One Building Lot: When a common side lot line separating two (2) or more contiguous lots or parcels is covered or proposed to be covered by a building, such lots shall constitute a single building site and the setback requirements of this title shall not apply to such common lot or parcel line if a document is recorded indicating the owner's intent to use the combined lot or parcel as a single development site. The setback requirements of this title shall apply only to the exterior side lot lines of the contiguous lots or parcels so joined. Final occupancy of a building or dwelling on adjacent residential lots or parcels to be developed as a single lot or parcel shall be subject to recording with the Salt Lake County recorder a lot line adjustment by application to the city, to combine the lots or parcels into a single lot or parcel.

E.   Double Frontage Lots: Lots having frontage on two (2) or more streets shall be prohibited, except for corner lots and double frontage lots in subdivisions which back onto streets shown on the city's master traffic and transportation plan. Such double frontage lots shall be accessed only from an internal subdivision street. Frontage on lots having a front lot line on more than one street, shall be measured on one street only.

F.   Setback; Decks And Patios: Any part of a deck or patio covered with a roof or enclosed on two (2) or more sides, or which exceeds three feet (3') in height at any point above finished, shall conform to applicable yard setback requirements.

G.   Setback Measurement: The depth of a required yard abutting a street shall be measured from the lot line, except as set forth below:

1.   Minimum Front Yard Requirement For New Construction: In blocks where more than fifty percent (50%) of the buildable lots or parcels have main buildings which do not meet the current front yard setbacks of this title, the minimum front yard requirement for new construction shall be equal to the average existing front yard size on the block. In no case shall a front yard of more than thirty feet (30') be required.

2.   Yard Abutting Public Street: Whenever a front, side, or rear yard is required for a building on a lot or parcel abutting a public street proposed to be constructed or widened as shown on the city's master traffic and transportation plan, the depth of such yard shall be measured from a line which is one-half (1/2) of the proposed right of way width from the centerline of the street to be constructed or widened, or from the current lot line, whichever is greater.

3.   Minor Collector Additional Setback: For any main building on a lot or parcel, the minimum front yard, side yard or rear yard setback from any existing or proposed minor collector street rights of way as shown on the most recently amended version of the city's official street map, except those in subsection G4 of this section, shall be an additional ten feet (10');

4.   Exceptions To Minor Collector Setbacks: Exceptions, for which the standard front, rear and side yard setbacks shall apply:

125 East between 13800 South and the Draper Irrigation Canal;

150 East north of 12300 South;

12150 South between State Street and 300 East;

12200 South between Draper Parkway and 2000 East;

12450 South between Minuteman Drive and 300 East;

13400 South between 300 East and Fort Street;

14000 South between Minuteman Drive and 125 East;

Stokes Avenue;

Golden Pheasant Drive;

Willow Springs Lane/Walden Lane between 300 East and 1300 East.

5.   Private Right Of Way Or Access Easement: For a lot on a private right of way or encompassing an access easement for another lot or parcel, the setback shall be the distance on a lot between a building and the private right of way line or access easement boundary closest to the building.

H.   Yard Reduction; Lots In Separate Ownership: The requirements of this chapter as to minimum lot area or lot width shall not be construed to prevent the use of any lot or parcel for a single- family dwelling if such lot or parcel was a legally created lot or parcel when it became nonconforming as to area or width.

I.   Yards To Be Unobstructed; Exceptions: Every part of a required yard shall be open to the sky, unobstructed except for:

1.   Accessory buildings and structures located in a rear or side yard that comply with the accessory building setbacks for the zone;

3.   Open or lattice enclosed fire escapes and fire tower balconies or vestibules that project into a required yard not more than five feet (5');

4.   Any part of an uncovered deck, patio, or walkout porch less than three feet (3') in height, excluding nonopaque railings; or

5.   Uncovered exterior landings, balconies, and stairways that comply with fire and building code requirements and all the following:

a.   Are located in a rear or side yard;

b.   Are no more than thirty two (32) square feet in size;

c.   Connect to and provide for ingress to and egress from a dwelling; and

d.   Project into a required yard not more than five feet (5').

J.   Public Utility Easements Within Setbacks: Regardless of minimum setback allowances, no main building, accessory building requiring a building permit, deck, swimming pool, building projection, retaining wall, or other permanent obstruction shall be constructed within a public utility easement, typically located along the front, side and/or rear property lines of a lot or parcel, without the prior written permission of all affected public and private utility managers or shall comply with section 9-27-070 of this chapter. (Ord. 394, 8-7-2001; amd. Ord. 815, 4-1-2008, eff. 7-1-2008; Ord. 1408, 10-15-2019; Ord. 1479, 2-16-2021; Ord. 1498, 8-3-2021; Ord. 1624, 9-17-2024)

A.   Maximum Number Of Accessing Units: In any residential subdivision, a private right-of-way shall provide access for no more than twenty (20) single- family or two-family residential dwellings. Private rights-of-way for for townhome units and multiple-family dwelling developments, shall be approved consistent with chapter 32 of this title.

B.   Width And Cross Section: The minimum right-of-way width and cross section design of a private right-of-way shall be:

1.   Twenty four feet (24') wide for two (2) to five (5) single-family or two-family residential dwellings;

2.   Thirty one feet (31') wide for six (6) to ten (10) single-family or two-family residential dwellings; and

3.   Thirty seven feet (37') wide for eleven (11) to twenty (20) single- family or two-family residential dwellings.

C.   Compliance With Standards And Specifications: Each private roadway structural pavement section shall be constructed in compliance with the Draper City development standards and technical specifications and a geotechnical analysis of the load bearing capacity of the soils under the proposed roadway. All private right of way improvements shall be inspected for compliance with the approved plans prior to any applicant applying for a building permit.

D.   Underground Utilities To Be Privately Owned And Maintained: Water and stormwater utilities underneath a private right of way shall be deemed private utilities for ownership and maintenance purposes. Utilities under a private right of way which are provided by special service districts or private companies are subject to their rules and regulations.

E.   Fire Hydrants And Turnaround: Each private right of way more than one hundred fifty feet (150') in length shall have fire hydrants and a turnaround or a hammerhead constructed to standards in the adopted fire code.

F.   On Street Parking: On street parking shall be prohibited on a private right of way cross section less than twenty six feet (26') wide. Parallel parking may be allowed on one side of a private right of way if the cross section of asphalt is at least twenty six feet (26') wide. Parallel parking may be allowed on both sides of a private right of way if the cross section of asphalt is at least thirty two feet (32') wide. Enforcement of on street parking restrictions shall be the responsibility of the owners of the private right of way.

G.   Ownership: Each private right of way shall be established in one of the following ways:

1.   As an easement acceptable to the Draper City attorney and recorded with the county recorder.

2.   As a separate piece of property owned in common by all property owners who access the road.

H.   Maintenance: An applicant proposing a subdivision with access from a private right of way shall submit a document detailing the method for maintaining the private right of way, private utilities and any common areas, and estimating the annual expenses therefor. The document shall be in a form acceptable to the Draper City attorney and shall be recorded in the county recorder's office.

I.   Setbacks: Minimum setback requirements shall apply to all buildings fronting, siding or rearing on any private right of way and shall be measured from the boundary of the private right of way nearest the building and its extension through the applicable lot. This requirement shall not apply to lots abutting but not accessing the private right of way.

J.   Expansion Of Existing Subdivisions: Residential subdivisions approved prior to 2010 and which are accessed by a private right of way may add more residential units consistent with subsection B of this section. Deviations from adherence to the curb, gutter and sidewalk requirements in subsection B of this section in such existing subdivisions may be granted by the planning commission if:

1.   The existing subdivision has six (6) or more units; and

2.   The increase in the number of units does not exceed twenty five percent (25%) of the existing single-family homes within the subdivision.

K.   Council's Discretion To Require A Public Street: The establishment of a private right of way shall be evaluated by the city engineer and may, at the discretion of the city council, be required to be dedicated as a public street constructed to city street standards to make logical street connections or to provide access to abutting properties that may otherwise have no access or limited access to the detriment of the property.

L.   Change Of Private Right Of Way To Public Ownership: A private right of way may be considered for a change to public ownership if:

1.   There is a compelling public interest;

2.   The right of way owners sign a petition so requesting; and

3.   The right of way satisfies the city's public street width, cross section, and construction standards. (Ord. 954, 12-7-2010; amd. Ord. 1132, 2-17-2015; Ord. 1454, 11-10-2020; Ord. 1497, 7-20-2021)

A.   Driveways: No driveway shall exceed a slope of ten percent (10%), except in the Hillside Sensitive Lands Overlay Zone where the maximum grade shall not exceed twelve percent (12%). When a driveway slopes downward from a street, the driveway shall be designed to prohibit surface water drainage from entering a building.

B.   Front Setback Maximum Rise:

1.   If fill is added to a lot, a maximum rise of two feet (2') is allowable within the front setback area excluding any portion required for parking lot screening. Maximum rise is reset at each retaining wall.

2.   Maximum rise limitation does not apply to Hillside Sensitive Lands Overlay Zone. (Ord. 394, 8-7-2001; amd. Ord. 1431, 5-5-2020)

A.   Outdoor Pools:

1.   Private residential swimming pools, residential swimming pools, or public swimming pools (collectively "pools") of permanent construction not enclosed within a building shall comply with section 305 Barrier Requirements and section 321 Lighting Requirements of the International Swimming Pool and Spa Code (ICC-ISPSC) as currently adopted by the State of Utah.

2.   Pools accessory to multi-family dwellings and public swimming pools shall submit evidence of plan approval from the respective health department at the time of the building permit.

B.   Setbacks and Location:

1.   Pools not enclosed within a building shall be set back from property lines a minimum of five feet (5').

2.   Pools which are accessory to a dwelling unit shall not be located within the front yard setback. Exceptions for Corner lots are permitted as described in 9-27-180(C) below.

3.   Pools and pool equipment shall not be located within a clear view area as described in section 9-27-080 of this chapter or a public utility easement located along the side or rear property lines without prior written permission of all affected utility companies or in accordance with section 9-27-070 of this chapter.

C.   Corner Lots:

1.   For purposes of locating pools on corner lots, each front yard shall be designated as either the primary front yard or a secondary front yard. The primary front yard shall be the front yard most parallel with the side of the structure containing the primary entrance.

2.   A pool may be located within a secondary front yard setback on a corner lot as designated in 9-27-180(C)(1) above. (Ord. 988, 11-15-2011; amd. Ord. 1498, 8-3-2021)

A.   Gates Across Public Streets: Gates shall not be permitted across any public street.

B.   Single Site Commercial Developments: A commercial use located on a single lot or parcel in a nonresidential zone may be permitted to include gates when approved by the planning commission as a part of a site plan or site plan amendment, as applicable, for the development pursuant to section 9-5-090 of this title. In addition to the site plan approval standards and criteria, an applicant desiring to include a gate as part of a single site commercial development shall demonstrate to the satisfaction of the planning commission that the primary purpose of the gate is to provide safety and security for the property located within the gated area by regulating access for motor vehicles to the area. Any gate approved under this subsection should be equipped and maintained with an operating device as approved and provided for under subsection D3 of this section to ensure safety.

C.   Subdivisions: Subdivisions, whether commercial or residential, may be permitted to include gates across private streets when approved as a conditional use in accordance with the provisions set forth in section 9-5-080 of this title regarding conditional use permits, and when the applicant can demonstrate to the satisfaction of the planning commission that:

1.   The gates will not block or impede vehicular or pedestrian transportation on any public street inside or outside of the subdivision. Gates shall not be permitted across any public street;

2.   Pedestrian access into the subdivision will not be impeded;

3.   No constructed or city desired trail or public transportation feature will be affected by the installation of gates;

4.   The implementation of gates for the development does not adversely affect or inhibit the connectivity of the city's public transportation system;

5.   The gating of the development will not impose added pressure upon any right of way identified within the Draper City master transportation plan beyond that which would be reasonably anticipated if the development was not gated.

6.   A homeowners' association adequately established to address the fiscal needs of operation and maintenance of the development's gates and streets, is or will be formed that will be responsible for any liability, maintenance, repairs, and all other responsibility associated with the implementation of the gates for the duration of time that the gates are present. Should the homeowners' association be found, at any point in time, to be unable, unwilling, or derelict in the operation and/or maintenance of the streets or gates of the development, the gates shall be removed or left in an open position, as determined by the planning commission through the revocation of any and all conditional use permit(s) pertaining to the gates; and

7.   All gate development standards, as outlined in subsection D or E, and F of this section, can and will be met.

D.   Subdivision Gate Development Standards: All subdivisions which desire to include gated access points shall meet all of the following development standards:

1.   All secondary subdivision entrances proposed to be gated shall be required to conform to the same standards as the primary entrance(s).

2.   All gates which cross lanes of traffic entering the subdivision shall swing toward the interior of the subdivision.

3.   All gates shall be equipped with a siren operated sensor, optical emergency strobe system, or other system that is approved by and at the choice of the fire department and the Draper City police department to allow access and egress to the subdivision for emergency personnel without causing a delay in response time. Any such system which requires "line of sight" operation shall be installed in such a location and manner as approved by the fire department and the Draper City police department. All such access and egress points shall have a universal lock box installed as a backup mechanism in place which can be operated by one person and is acceptable to and chosen by the fire department and the Draper City police department for the event of failure of the primary system.

4.   All gated access/egress points shall provide a minimum travel lane width of fifteen feet (15') for each lane. Such lane width shall be provided for not less than sixty feet (60') on either side of the gate.

5.   Gates shall not be located closer than fifty feet (50') from the edge of any adjoining right of way.

6.   All gated access points shall provide a secondary "pull out" lane at each entrance with a call box mechanism that allows visitors to contact residents of the development for access without causing vehicle stacking at the entrance or onto adjoining street(s). An example is shown in figure 9-27-200-1 of this section. Units within the development shall be equipped with a call box device which allows residents/tenants to open the entrance gate(s) without leaving the unit.

7.   Gating of residential developments shall implement a wireless access system for residents of the development to prevent vehicular stacking at entrance points.

8.   Locking devices used with the gate(s) shall be reviewed and approved by the fire department and the Draper City police department.

9.   All streets within the gated development shall meet the minimum width requirements of the fire department and the Draper City engineering department to allow for safe maneuverability of emergency apparatuses with on street parking. Street widths may be reduced through the approval of the city council following recommendation from at least the planning commission, fire department and the Draper City engineering department upon satisfaction of the same that on street parking will be reduced or eliminated within the development. No on street parking shall be allowed within one hundred fifty feet (150') of gated development access and/or egress points.

10.   The developer shall provide and ensure maintenance for lighting at all gated entrances, in addition to that required for the development, in order to ensure pedestrian and vehicular safety.

11.   No lot or unit driveway shall be allowed within one hundred feet (100') of any gated point of access or egress for the development.

12.   In the event a gate is inoperable or in need of repair, the gate shall remain in an open position until such time that adequate repairs can be made. The Fire Department and/or Draper City Chief of Police shall have the right at any time to require gate(s) remain in an open position if they have reason to believe the gate(s) are not functioning properly or that the gates provide a potential hindrance to response times beyond that accepted at the time of approval for the gate(s).

13.   A single master water meter shall be placed on the trunk line(s) providing culinary water service to the entire development with the homeowners' association being the responsible entity billed for all water consumption. The master meter shall be placed outside of the gates at or near the primary entrance to the development, as determined by the Draper City Engineering and Public Works Departments. The homeowners' association shall be liable for making payments to the City for culinary water service for the development. If the homeowners' association is unable or does not make the payments for the culinary water service, the City shall shut off service to the development at the master meter.

E.   Emergency Access Gate Standards: Gates at emergency access entrances shall comply with the following standards:

1.   All roadways at gated emergency access entrances shall have a minimum unobstructed width of twenty feet (20') that shall extend at least thirty feet (30') on either side of the gate. All other portions of the roadways shall comply with this Code.

2.   Gates shall be designed so that they do not cross into the public right-of-way or adjacent traffic lanes outside the subdivision.

3.   Hinged gates shall swing toward the interior of the benefited subdivision. If more than one subdivision is benefitted by a gate, then Draper City shall have the authority to determine the direction of the gate's swing.

4.   Locking devices used with emergency access gates shall be reviewed and approved by the Draper City Fire and Police Departments.

5.   Electric gates must operate in a fail-safe mode so that the gates unlock and can be operated manually when electrical service is interrupted. Gates shall be constructed to allow manual operation by one person.

6.   All gates shall be equipped with a siren operated sensor, optical emergency strobe system, or other system that is approved by, and at the choice of, the Draper City Fire and Police Departments to allow access and egress to the subdivision for emergency personnel without causing a delay in response time. Any such system which requires "line of sight" operation shall be installed in such a location and manner as approved by the Draper City Fire and Police Departments. All such access and egress points shall have a universal lock box installed as a backup mechanism in place which can be operated by one person and is acceptable to and chosen by the Draper City Fire and Police Departments for the event of failure of the primary system.

7.   Pedestrian ingress/egress shall not be impeded and pedestrian access shall be maintained through the gated area to meet the requirements of the Building Code.

8.   Lighting, as determined by Draper City, shall be required at all gated emergency access entrances for safety.

9.   The homeowners' association(s) and/or the developer in control of the subdivision(s) benefitted by the emergency access gate (the "responsible party") shall be required to install and maintain all emergency access gate facilities in a working and operable condition. The responsible party shall also be required to provide and ensure the maintenance of electricity and lighting at all gated emergency access entrances. In the event an emergency access gate becomes inoperable, the responsible party shall be required to restore the gate to an operable condition acceptable to the Draper City Fire and Police Departments within twenty (20) days from the date of discovery of the gate's inoperability. A responsible party shall be subject to a fine as outlined in the consolidated fee schedule for each day an emergency access gate remains inoperable beyond the twenty-day grace period.

10.   In the event a gate is inoperable or in need of repair, the gate shall remain in an open position until such time that adequate repairs can be made. The Draper City Fire and Police Departments shall have the right at any time to require a gate to remain in an open position if they have reason to believe the gate is not functioning properly or that the gate provides a potential hindrance to response times beyond that accepted at the time of approval of the gate.

F.    Fire Apparatus Access Road Gate Standards: In addition to the applicable standards of subsection D or E above, gates securing a fire apparatus access road shall also comply with all of the following criteria:

1.   Where a single gate is provided, the gate width shall be not less than twenty (20) feet. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than twelve (12) feet.

2.   Gates shall be of the swinging or sliding type.

3.   Construction of gates shall be of materials that allow manual operation by one person.

4.   Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

5.   Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices must be approved by the fire marshal.

6.   Methods of locking shall be submitted for approval by the fire marshal.

7.   Electric gate operators, where provided, shall be listed in accordance with Underwriters Laboratories (UL) standard 325.

8.   Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of American Society for Testing and Materials (ASTM) specification F2200. (Ord. 722, 12-12-2006; amd. Ord. 1349, 9-4-2018; Ord. 1479, 2-16-2021; Ord. 1488, 5-4-2021)

A.   Zoning:

1.   If at any time the school's business license lapses for a period longer than one month then the site shall not be used for any nonresidential use without the appropriate zoning and land use map amendment processes being followed.

B.   Lot Size Ratios:

1.   The minimum lot size to establish a general preschool or private school shall be two (2) acres.

2.   Preschools in residential zones that existed prior to the enactment of this subsection may use the building occupancy code to determine capacity.

C.   Parking and Queuing:

1.   Parking standards shall conform to chapter 25, "Parking", of this title.

2.   Adequate off street queuing areas which are completely contained on site for student pick up and drop off are required. No off site queuing is permitted. The Planning Commission shall determine the adequacy of queuing areas based on the size, enrollment, and class hours of the proposed preschool or school.

3.   As a submittal requirement for the conditional use permit, the applicant shall submit a professionally prepared, scaled drawing which illustrates the building location, access locations, driveway location, and pick up and drop off areas.

D.   Setbacks:

1.   Each main building shall conform to the following setbacks:

a.   Front yard: Minimum of thirty feet (30').

b.   Side yard: Minimum of sixty feet (60').

c.   Rear yard: Minimum of sixty feet (60').

2.   Outdoor play areas shall be set back from the property lines by at least fifteen feet (15') of substantial landscaping, solid fencing, and berming where feasible.

E.   Fencing:

1.   Each school shall have a solid masonry enclosure around any trash receptacle. The trash receptacle shall be totally screened from any neighboring property owners or from the street, and shall contain a solid screened (no chainlink with slats) lockable gate.

2.   Each school shall have a rear and side fence of at least six feet (6') in height that is constructed of either solid masonry, vinyl, or wood in accordance with subsection 9-23-110F of this title.

3.   Additionally, each play area shall be enclosed by a fence of at least three feet (3') in height that contains self-closing and self-latching gates.

4.   No fence is required for the front yard.

F.   Street Classification:

1.   General preschools and private schools located in residential and agricultural zones shall only be located on and have direct access from arterial or major or minor collector streets. Such schools shall not be permitted on local or private streets.

2.   Additionally, such schools may only be located on streets which conform with objectives of the Draper City master transportation plan regarding level of service C and D standards, as determined through engineering and planning department reviews.

G.   Landscaping And Buffering:

1.   Landscaping shall conform to chapter 23, "Landscaping And Screening", of this title.

2.   For the purpose of calculating the required land use buffer, a private school or general preschool shall be considered to have a land use intensity factor of five (5).

3.   Landscaping must be residential in nature and should look similar to properties adjacent to the site and located along the road to which the school faces.

4.   Any existing trees with a two inch (2") or larger caliper on the site shall be preserved in order to maintain the character of the neighborhood. Destruction or removal of such trees shall require replacement on a caliper for caliper basis.

5.   Where deemed appropriate to mitigate negative impacts, additional buffering over the minimum standard may be required, as determined by the planning commission.

H.   Lighting:

1.   Lighting standards shall conform to chapter 20, "Outdoor Lighting", of this title.

2.   Lighting must be residential in nature with minimal impact on adjoining properties. All lights mounted on poles or attached to a building shall be directed down perpendicular to the ground. The light source shall be shielded so that it will not be visible from any adjacent property.

3.   All outdoor lighting is limited to a maximum height of eight feet (8').

I.   Building Standards:

1.   The building must have a residential look with roof pitch and building materials comparable to the residential character of the adjoining neighborhood. As a submittal requirement of the conditional use permit, the applicant shall submit pictures of each residential home within four hundred feet (400') of the property in order to determine compatible materiality and building style.

2.   The maximum height of the building shall be the average of the building heights of any single-family home located on the same street face within one thousand feet (1,000') and any adjoining properties to the site in order to ensure compatibility of scale with surrounding residences.

3.   Buildings on the lot shall not exceed thirty percent (30%) lot coverage. (Ord. 994, 1-3-2012; amd. Ord. 1479, 2-16-2021)

A.   Construction Trailers: Developments may have an on site construction trailer, exclusive of those that come and go on a daily basis, subject to the following requirements:

1.   Use And Placement: Construction trailers may be used as a means to house offices related to the construction and development activities on the site. Construction trailers may also be used as space for the purpose of hiring employees prior to the opening of the business.

a.   Duration:

(1)   Nonresidential Development:

(A)   A construction trailer may be placed on a site for nonresidential development once a land disturbance permit has been issued and must be removed from the development site prior to the issuance of a final certificate of occupancy for the last remaining unit/building.

(B)   A construction trailer for the purpose of infrastructure development may be placed on a site for nonresidential development once a land disturbance permit has been issued for that site. All trailers shall be removed from the property prior to the issuance of a final certificate of occupancy.

(2)   Residential Development: A construction trailer may be placed on a site for residential development once a land disturbance permit has been issued and must be removed from the site prior to the issuance of a final certificate of occupancy for the last remaining unit/building.

b.   Standards: Construction trailers must comply with all building, fire, and other code requirements for installation, use, and removal. Any applicant desiring to place a construction trailer shall apply for and be approved for any and all permits required by the building and fire codes to install and maintain the construction trailer prior to the trailer's installation on the site.

2.   Residential Development: A construction trailer may only be located within the residential phase or site in which the development activity is occurring. No sales of lots, units, or homes shall be allowed from a construction trailer. For the purposes of this section, construction trailers shall not include those vehicles that come and go on a daily basis.

a.   Purposes: A construction trailer may be used as a means to house offices related to:

(1)   Infrastructure development activities on the site;

(2)   Construction of a primary residential structure on a lot; or

(3)   Construction of a building to contain multiple residential units.

b.   Standards: A construction trailer may be placed on a site for the purpose of constructing one or more primary residential structures subject to the following:

(1)   Application: Prior to the placement of a construction trailer, a construction trailer application and permit must be submitted to the city, approved, and issued.

(2)   Placement: A construction trailer may not be placed within any public or private right of way, any property identified to be set aside as open space or common area, or on any property for which a valid certificate of occupancy has been issued.

(3)   Association: An application for placement of a construction trailer shall include a site plan or development plan showing the proposed location for the trailer and the properties for which that construction trailer is to be associated.

(4)   Removal: Construction trailers shall be removed prior to the issuance of a certificate of occupancy for the property on which they are located.

B.   Model Homes: A model home shall be allowed for use as a sales facility only. For the purpose of this subsection, a unit within a multi-family residential building used for the same purposes identified herein shall be considered a model home. Sales of properties or units may not be conducted or facilitated from any trailer, nonpermanent structure, or permanent structure not permitted as a model home. The following standards shall apply to all model homes:

1.   Location: Model homes are only allowed within city approved and recorded residential developments and must be located on a platted lot or site within the development.

2.   Duration: Model homes may be operated until a building permit is issued for the last remaining lot within the development.

3.   Advertising: Model homes may not be used to advertise properties or units located in another subdivision or property located outside of the development site.

4.   Construction Standards: Model homes must comply with all standards and conditions of approval for the development, including building materials, setbacks, and landscaping. They must comply with all applicable residential dwelling construction standards before and after the discontinued use as a sales office.

5.   Licensure And Permitting: Model homes shall not be constructed without the application for, approval of, and issuance of a building permit. Requirements above and beyond those normally associated with a residential structure may be required by the building division for a model home. Model homes may not operate as such without the application for, approval of, and issuance of a Draper City business license for such at that location.

A.   Screening: All outdoor storage shall be in conjunction with and subordinate to a legally established business and shall be allowed only after approval of a conditional use permit by the planning commission. The following screening regulations shall apply to open storage areas:

1.   An opaque fence shall be required to screen the view of all open storage areas.

a.   For screening views from public and private streets the fence shall be constructed of masonry, metal, or the same materials as the adjacent building.

b.   For screening views from neighboring properties along the side and rear property lines, inclusive of a gate, the fencing may be constructed of the same materials listed in subsection A(1)(a) of this section or chain-link with privacy slats.

2.   Outdoor storage areas shall not be located closer than twenty feet (20') to a residential use or zone.

3.   Fences used to screen open storage shall be ten feet (10') high unless a lower height is approved by the planning commission as part of the conditional use permit. In approving reduced fence height the planning commission may not approve a fence lower than six feet (6') in height and must find that the reduced height will not create additional impacts to surrounding properties.

4.   Materials may not be stored or stacked higher than the fence.

5.   The planning commission may condition or require that specific materials, colors, or design elements to be used in the construction and installation of the screening fence or wall, other than those proposed, upon finding that he specific material, color, or design element will better mitigate existing or potential impacts to surrounding properties.

B.   Outdoor Display Areas: All outdoor display areas shall be in conjunction with and subordinate to a legally established commercial business in accordance with the following regulations:

1.   All proposed outdoor display areas must be approved as part of a new or amended site plans pursuant to section 9-5-090 of this title. Outdoor display areas may not be counted as or be part of the landscaped area required by chapter 23 of this title.

2.   The outdoor display area shall be directly related to a business occupying a permanent structure on the site.

3.   Displays and merchandise shall not block sidewalks, walkways, building entrances, drive aisles, or clear view areas.

4.   The location of outdoor displays shall directly correlate with the physical location of the business on the site, such as directly in front of their business area, and the physical functionality of the outdoor display area may not create impacts to other businesses on the site. (Ord. 957, 12-14-2010; amd. Ord. 1583, 6-20-2023)

A.   Purpose: The purpose of this section is to establish certain requirements of sound beekeeping practice that are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.

B.   Apiary Standards: It is unlawful to maintain apiaries in Draper City unless the following standards are met:

1.   Hive(s) shall be placed on property so that the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals on adjacent property or areas of public access. When hive(s) are located within twenty feet (20') of a property line or public right of way, a five foot (5') high flyway barrier is required. When hive(s) are located within five feet (5') of the property line, the opening of the hive shall not face the property line. Hive(s) shall not be permitted in front yards. On lots that are ten thousand (10,000) square feet or less, hive(s) shall not be permitted in side yards.

2.   Hive(s) shall be supplied with adequate accessible fresh water continuously between March 1 and October 31 of each year. The water shall be in a location minimizing the nuisance created by bees seeking water on neighboring property.

3.   A person shall not locate or allow hive(s) on property owned or occupied by another person without first obtaining written permission from the owner or occupant.

4.   Lots may contain one hive per four thousand (4,000) square feet, with the number of hives rounded down to the nearest whole number. Regardless of lot size, so long as all lots within a radius of at least two hundred feet (200') from any hive, measured from any point on the front of the hive, remain undeveloped, there shall be no limit to the number of colonies.

C.   Apiary Permitted: An apiary is permitted in all single-family residential zoning districts subject to compliance with the Salt Lake City-County health department, general sanitation regulations, section 4.12, or its successor relating to honeybee management.

D.   Registration Of Beekeeper: Each beekeeper shall be registered with the Utah department of agriculture and food. Hive(s) shall be operated and maintained as provided in the Utah bee inspection act set forth in title 4, chapter 11 of the Utah state code, as amended. Hive(s) on property not owned by the beekeeper shall be conspicuously marked with the state registration number.

E.   Inspection: A designated city official shall have the right to inspect any apiary for the purpose of ensuring compliance with this section between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. once annually upon prior notice to the owner of the apiary property, and more often upon complaint without prior notice. (Ord. 1184, 1-12-2016)

A.   The purpose of this section is to enable governmental agencies to build public buildings suitable to the purposes for which the buildings are built within reasonable budgetary restrictions in order to provide the best value for taxpayer dollars.

B.   In addition to any exceptions to land use regulations or development standards granted by state law to a county, municipality, school district, charter school, special district, special service district, and political subdivision of the state, a building owned or operated by a county, a municipality, or a school district may deviate from height restrictions by up to five feet (5') if:

1.   The building for the requested height deviation is setback an additional twenty percent (20%) from the required setback in the zone; and

2.   The Zoning Administrator issues an administrative interpretation consistent with 9-5-170 that the additional height serves a functional purpose for which the building is being built. (Ord. 1639, 3-18-2025)

A.   Seasonal farm stands may be conducted for up to one hundred eighty (180) days per year.

B.   Seasonal farm stand sales are limited to produce and products produced or grown on the premises.

C.   Two (2) hard surfaced parking stalls shall be provided on-site for the use of customers in accordance with chapter 9-25. The parking stalls provided for the use of the customers of the seasonal farm stand may be located on an existing driveway and in tandem with parking stalls designed to serve the single-family dwelling.

D.   Temporary accessory structures related to the seasonal farm stand may be erected subject to the following regulations:

1.   Shall be located on the host property;

2.   Shall not be located in a right-of way or vehicular access easement;

3.   May be located in the front yard; however, the temporary accessory structure must be removed from the front yard if the seasonal farm stand ceases all operations for a period of nine (9) months or longer;

4.   Shall be set back a minimum of five feet (5') from all property lines;

5.   Shall be located at least six feet (6') away from any building;

6.   Shall not exceed one hundred (100) square feet in size;

7.   Shall not exceed twelve feet (12') in height to highest point of the roof; and

8.   Shall not create a visual obstruction within the triangular areas described in 9-27-080 of this chapter, pertaining to street intersections and driveways.

E.   Temporary Signage: Signage outlined in this section are allowed for seasonal farm stands and do not require a sign permit or fee:

1.   Wall Signs:

2.   One (1) A-frame signs when: