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Draper City Zoning Code

CHAPTER 33

USES IN HISTORIC BUILDINGS

9-33-010: PURPOSE:

The purpose of this chapter is:
A.   To encourage preservation of historic buildings by allowing income producing activities to be conducted within historic structures; and
B.   To establish use and development regulations for uses allowed within historic buildings. (Ord. 1191, 4-19-2016)

9-33-020: SCOPE:

The requirements of this chapter shall apply to any building listed on the Draper historic landmark register. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws. (Ord. 1191, 4-19-2016)

9-33-030: CONDITIONAL USE PERMIT REQUIRED:

A.   Conditional Use Permit: The following uses may be established in any residential zone subject to the issuance of a conditional use permit pursuant to the requirements of this chapter and section 9-5-080 of this title:
Bed and breakfast inn.
Cultural service.
Medical service.
Office, general.
Personal care service.
Personal instruction service.
Reception center.
Restaurant, general.
Retail, general (antique store only).
B.   Additional Conditional Use Permit Criteria: No conditional use permit shall be authorized unless the criteria set forth in subsection 9-5-080E3 of this title is met and the evidence presented establishes that the proposed facility:
1.   Can be adapted to the site while still meeting the requirements of applicable city requirements; and
2.   Is compatible with the existing facility's architecture, landscaping, site design, and parking layout. (Ord. 1191, 4-19-2016)

9-33-040: DEVELOPMENT STANDARDS:

The development standards set forth in this section shall apply to any bed and breakfast inn established as a conditional use:
A.   Historic Landmark Register: The building or site on which the use is conducted shall be included on the Draper historic landmark register. The building or site shall remain on the national, state, or Draper historic landmark register for the duration of the conditional use permit.
B.   Landscaping: Landscaping shall be provided as needed to make the building and site compatible with the neighborhood and to provide a visual buffer for on site parking in relation to adjacent properties and the street. Landscaping may include, but shall not be limited to:
1.   Planting trees in the park strip; and
2.   Landscaping needed to assure an appropriate setting for a historical site.
C.   Operating Hours: Operating hours may be restricted to mitigate any foreseeable negative impact and to make the use more compatible with the neighborhood in which it is located. Particular attention shall be paid to the operating hours of retail and service uses located near residential uses.
D.   Parking: Parking may be less than required by chapter 25 of this title based upon the specific aspects of the site and use proposed.
E.   Signs: Signs shall conform to the requirements of chapter 26 of this title, except as otherwise provided in this subsection:
1.   Sign types shall be limited to monument, wall, and identification signs.
2.   Signs shall be designed to complement the site and structures in terms of size and placement.
3.   Signs shall not exceed sixteen (16) square feet or, if freestanding, five feet (5') in height.
4.   If illuminated, only indirect lighting shall be allowed.
5.   The design of all signs shall be approved as part of a conditional use permit, after a recommendation is received from the historic preservation commission.
F.   Nonconforming Circumstances: Existing nonconforming conditions may be allowed to continue based upon specific aspects of the site and the use proposed. (Ord. 1191, 4-19-2016)

9-33-050: HISTORIC PRESERVATION COMMISSION REVIEW:

Prior to considering a conditional use permit application under this chapter, the application shall be reviewed by the historic preservation commission.
A.   Upon receipt of a complete application, the zoning administrator shall submit a copy of the application to the historic preservation commission.
B.   Within twenty (20) days after receipt, the historic preservation commission shall review the application with respect to the development standards set forth in this chapter and standards for issuance of a conditional use permit.
C.   Within ten (10) days after reviewing an application, the commission shall prepare and transmit a written recommendation to the zoning administrator. (Ord. 1191, 4-19-2016)