A.   Application Forms: Applications shall be submitted on forms provided by the zoning administrator and in such numbers as reasonably required by the zoning administrator for a particular type of application.

B.   City Initiated Applications: The planning commission or city council may initiate any action under this title without an application from a property owner. Notice, hearing and other procedural requirements of this chapter shall apply to an application initiated by the city.

C.   Development Review Sequence: No subdivision site plan or other development application shall be considered unless:

1.   The approval which is requested in the application is allowed by the zone existing on the subject property; or

2.   Where permitted by this title, the application is submitted simultaneously with a proposed zoning map amendment that would allow the proposal.

D.   Accurate Information: All documents, plans, reports, studies and information provided to the city by an applicant in accordance with the requirements of this title shall be accurate and complete.

E.   Determination Of Complete Application: After receipt of an application, the zoning administrator shall determine whether the application is complete. If the application is not complete, the zoning administrator shall notify the applicant in writing and shall:

1.   Specify the deficiencies of the application;

2.   State the additional information which must be supplied; and

3.   Advise the applicant that no further action will be taken on the application until the deficiencies are corrected.

F.   Fees: When an application is filed, the applicant shall pay to the city a fee as provided in the city's consolidated fee schedule as adopted by the city council. Application fees shall be in amounts reasonably determined to defray actual costs incurred by the city to review plans and specifications, act upon an application and conduct inspections. Any application not accompanied by a required fee shall be returned to the applicant as incomplete.

1.   An applicant shall also be responsible for fees established to cover the cost of providing public notice required by subsection 9-5-045 of this chapter.

2.   Fees shall be refundable as follows:

a.   If the application is withdrawn prior to completion of a first review, the city shall retain twenty-five (25) percent of the fee.

b.   If the application is withdrawn prior to completion of a second review, the city shall retain fifty (50) percent of the fee.

c.   If the application is withdrawn prior completion of a third review, the city shall retain seventy-five (75) percent of the fee.

d.   If the application is found to be incomplete, a refund shall be provided as outlined in subsection G of this section.

e.   No fee shall be refunded after a public hearing or meeting has been held, or action has been taken on the item by the decision-making body or official.

3.   Fees shall not be required for applications initiated by the city.

G.   Remedy Of Deficiencies: If an applicant fails to correct specified deficiencies within thirty (30) days after notification thereof the city may deem the application to be withdrawn and shall return it to the applicant upon request. Application fees shall be refunded to the applicant, less any fee established to cover the cost of determining completeness of the application.

H.   Consultation With Neighborhood Organizations: Recognized neighborhood associations may comment on applications as provided in section 3-1-210 of this code.

I.   Decision Date: The date of a decision or recommendation shall be the date when the decision or recommendation is made by the decision making body or official.

J.   Extensions Of Time: Unless otherwise prohibited, upon written request and for good cause shown, any decision making body or official having authority to grant approval of an application may, without any notice or hearing, grant extensions of any time limit imposed by this title on such application, its approval, or the applicant, provided a written request for such extension has been received by the community development department prior to the date of expiration, or provided the city staff or planning commission has initiated an extension prior to the date of expiration. The total period of time granted by any such extension or extensions shall not exceed half the length of the original time period.

K.   Inactive Applications: All land use applications shall be actively pursued to a final decision by the city. If no activity, such as plan submittals, reviews, or meetings, has occurred on an application for a period of one (1) year from the date of last city review, the application will be voided and the file closed. Prior to the expiration of the one (1) year period, the applicant may submit a written request to maintain the application as active, wherein upon finding that there is good cause, the zoning administrator may grant a one-time six (6) month extension. If the applicant wishes to pursue an application after it has been voided due to inactivity, a new application is required, including fees and conformance to current applicable codes. No fees shall be refunded for applications that are voided due to inactivity.

A.   Scheduling A Public Hearing Or Meeting: An application requiring a public hearing or meeting shall be scheduled within a reasonable time in light of:

1.   The complexity of the application submitted;

2.   The number of other applications received which require a hearing;

3.   Available staff resources; and

4.   Applicable public notice requirements.

B.   Public Hearing And Meeting Procedures: The following procedures shall apply to a public hearing:

1.   Any person may appear at a public hearing or meeting and submit evidence, either individually or as the agent of a person or an organization. Each person who appears at a public hearing or meeting shall state his or her name and, if appearing on behalf of a person or an organization, state the name of the person or organization being represented.

2.   The body or official conducting a public hearing or meeting may exclude testimony or evidence that it finds to be unduly repetitious or otherwise inadmissible.

3.   The body or official conducting a public hearing or meeting may, upon the body's or official's own motion, postpone the hearing or meeting. An applicant may request and be granted one postponement. Thereafter, any postponement shall be granted at the discretion of the body or official conducting the public hearing or meeting.

C.   Withdrawal Of Application: An applicant may withdraw an application at any time prior to action on the application by the decision making body or official. Application fees shall be refundable as outlined in 9-5-030(F) of this title.

D.   Record Of Public Hearing Or Meeting: Except where required otherwise by statute, the body or official conducting the public hearing or meeting shall record the proceedings thereof by any appropriate means. A copy of the public hearing or meeting record may be acquired upon request and payment of a fee to cover the cost of duplication of the record. The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or official, and the decision of the decision making body or official shall constitute the record thereof. The record shall be made available for public examination as provided in subsection E of this section.

E.   General Requirements For Findings And Decisions: Action shall be taken in compliance with any time limits established in this title. Except for the city council, whose decision shall be made by motion or ordinance, all decisions shall be in writing and shall include at least the following elements:

1.   A summary of evidence presented to the decision making body or official;

2.   A statement of applicable development standards;

3.   A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this title or other titles of this code; and

4.   A statement of approval, approval with conditions, or disapproval, as the case may be.

F.   Notification: Notice of a decision by the decision making body or official shall be provided to an applicant within a reasonable time.

A.   Applicant To Pay Notice Fees: The applicant for a land use application shall pay to the city a fee in the amount of the actual costs incurred by the city to provide notice as listed in this section.

B.   Applicant Notification: For all land use applications, the city shall give notice to the applicant as follows:

1.   The date, time and place of each public hearing and public meeting to consider the application;

2.   A copy of each staff report regarding the applicant or the pending application at least three (3) business days before the public hearing or public meeting; and

3.   Any final action on a pending application.

4.   If notice is not properly provided to the applicant, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.

C.   Notice To Third Parties:

1.   For site specific land use applications, the city shall mail notice to the record owner of each parcel within a four hundred foot (400') radius of the subject property, and the applicant shall post one city provided sign along each street on which the subject property has frontage. If the subject property does not abut a street, then the sign shall be posted on a nearby street as determined by the zoning administrator. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by. It shall be the responsibility of the applicant to remove and dispose of the sign within five (5) calendar days after the hearing. Failure to do so shall constitute a violation of this section. Third party property owners who live within the four hundred foot (400') radius but outside of Draper City boundaries shall be sent notice equivalent to that sent to property owners within Draper City.

2.   The applicant shall submit a signed affidavit of public posting.

3.   The affidavit shall include a photograph verifying that the sign has been installed, at least ten (10) days prior to the public hearing.

4.   Failure to post the public notice sign and provide the required verification at least ten (10) days prior to the public hearing will cause a delay in the processing of the application.

5.   If the sign is destroyed or damaged, the applicant shall replace the sign within seventy two (72) hours of being notified.

6.   If the City receives written request from the department of transportation for electronic notice of each land use application that may adversely impact the development of a high priority transportation corridor, the City shall provide such notice.

D.   Intent To Prepare Or Amend General Plan: The city shall provide notice in accordance with 9-2-020(I) of this title.

E.   General Plan Adoption Or Amendment: The city shall provide notice in accordance with 9-2-020(I) of this title.

F.   Adoption Or Amendment Of Land Use Ordinance: The city shall abide by the land use regulation modification noticing requirements in Utah Code Annotated 10-9a-205, as amended.

G.   Notice For An Amendment To Public Improvements In A Subdivision Or Development. Prior to implementing an amendment to adopted specifications for public improvements that apply to subdivisions or development, a municipality shall give 30 days mailed notice and an opportunity to comment to anyone who has requested the notice in writing.

H.   Adoption Or Amendment Of Zoning Map: The city shall send a courtesy notice to each owner of the private real property whose property is located entirely or partially within the proposed zoning map enactment or amendment at least ten (10) days before the scheduled day of the public hearing. Property owner notice provided in subsection (F) of this section may include such courtesy notice and be sent together. Such notice shall:

1.   Identify each owner of record of real property that will be affected by the proposed zoning map or map amendment;

2.   State the current zone in which the real property is located;

3.   State the proposed new zone for the real property;

4.   Provide a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;

5.   State that the owner of real property may file a written objection to the inclusion of the owner's property in the proposed zoning map or map amendment no later than ten (10) days after the day of the first public hearing;

6.   State the address where the property owner should file the protests;

7.   Notify the property owner that each written objection filed with the city will be provided to the city council; and

8.   State the location, date, and time of the public hearing.

I.   Notice Of Land Use Applications: The following land use applications shall be noticed at least ten (10) calendar days before the public hearing:

1.   Conditional use permits;

2.   Site plans or site plan amendments; and

3.   Variances.

J.   Challenge Of Notice: If notice given under authority of this section is not challenged in accordance with applicable appeal procedures within thirty (30) days after the meeting or action for which notice was given, the notice shall be deemed adequate and proper.

K.   Notice For Continued Items: When an application requiring notice under this section is continued to a future meeting date, including when a specific date is listed in the continuation, a new notice shall be provided as outlined in this section. No additional notice shall be required when an item is continued as an action item and the public hearing has been closed. (Ord. 1075, 11-19-2013; amd. Ord. 1408, 10-15-2019; Ord. 1467, 11-17-2020)

A.   Purpose: This section sets forth procedures for amending the provisions of this title and the zoning map.

B.   Authority: The city council may from time to time amend the text of this title and the zoning map as provided in this section. Amendments may include changes in the number, shape, boundaries, or area of any zoning district, zoning district regulations or any other provision of this title. The provisions set forth herein shall not apply to temporary zoning regulations which may be enacted without public hearing in accordance with Utah Code Annotated section 10-9a-504, as amended.

C.   Initiation: Proposed amendments to the text of this title and the zoning map may be initiated by the city council, planning commission or a property owner affected by the proposed amendment as provided in subsection D1 of this section.

D.   Procedure: Zoning text and map amendments shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   The name and address of every person or company the applicant represents.

c.   The requested amendment and reasons supporting the request.

d.   If the proposed amendment requires a change in the zoning map, the application shall include:

(1)   An accurate property map showing present and proposed zoning classifications;

(2)   All abutting properties showing present zoning classifications; and

(3)   An accurate legal description and an approximate common address of the area proposed to be rezoned.

e.   If the proposed amendment requires a change in the text of this title, the application shall include chapter and section references and a draft of the proposed text.

2.   After the application is determined to be complete, the zoning administrator shall prepare a staff report evaluating the application.

3.   The planning commission shall schedule and hold a public hearing on the application as provided in sections 9-5-040 and 9-5-045 of this chapter. Following the public meeting, the planning commission shall recommend approval, approval with modifications, or denial of the proposed amendment and shall submit its recommendation to the city council for review and decision.

4.   The city council shall schedule and hold a public hearing on the application as provided in sections 9-5-040 and 9-5-045 of this chapter. Following the public hearing, the city council may approve, approve with modifications, or deny the proposed amendment.

E.   Approval Standards: A decision to amend the text of this title or the zoning map is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. However, in making an amendment, the city council should consider the following factors:

1.   Map Amendments:

a.   Whether the proposed amendment is consistent with goals, objectives and policies of the city's general plan;

b.   Whether the proposed amendment is harmonious with the overall character of existing development in the vicinity of the subject property;

c.   Whether the proposed amendment is consistent with the standards of any applicable overlay zone;

d.   The extent to which the proposed amendment may adversely affect adjacent property; and

e.   The adequacy of facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreation facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection.

2.   Text Amendments:

a.   Whether the proposed amendment is consistent with goals, objectives and policies of the city's general plan;

b.   Whether a proposed amendment furthers the specific purpose statements of the zoning ordinance;

c.   Whether the proposed amendment is appropriate given the context of the request and there is sufficient justification for a modification to the zoning ordinance;

d.   The proposed amendment will not create a conflict with any other section or part of this title or the general plan;

e.   Whether the potential effects of the proposed amendment have been evaluated and determined not to be detrimental to public health, safety, or welfare and represents an overall community benefit; and

f.   The extent to which a proposed text amendment implements best current, professional practices of urban planning, design, and engineering practices.

F.   Appeal Of Decision: Any party adversely affected by a decision of the city council to amend the text of this title or the zoning map may, within thirty (30) days after such decision, appeal to the district court as provided in Utah Code Annotated section 10-9a-801, as amended.

G.   Effect Of Approval: Approval of an application to amend the provisions of this title or the zoning map shall not be deemed an approval of any conditional use permit, site plan or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

H.   Effect Of Disapproval: City council denial of an application to amend the provisions of this title or the zoning map shall preclude the filing of another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval, except as follows:

A.   Purpose: This section sets forth procedures for issuing permits for uses permitted within a particular zone.

B.   Authority: The zoning administrator is authorized to review and approve applications for uses permitted within a particular zone.

C.   Initiation: A property owner, the owner's agent or a lessee may request approval of a permitted use as provided in subsection D1 of this section.

D.   Procedure: Permitted use applications shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any;

b.   The permitted use requested; and

c.   Plans and other information demonstrating the permitted use conforms to applicable provisions of this title.

2.   After the application is determined to be complete, the zoning administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the permitted use to approval standards.

3.   After making a decision, the zoning administrator shall give the applicant written notice of the decision.

4.   A record of all permits for permitted uses shall be maintained in the office of the zoning administrator.

E.   Approval Standards: The following standards shall apply to the issuance of a permitted use permit. A permitted use shall:

1.   Be allowed as a permitted use in the applicable zone;

2.   Conform to development standards of the applicable zone;

3.   Conform to applicable regulations of general applicability and regulations for specific uses set forth in this title;

4.   Not be located on any land classified as a primary or secondary conservation area or sensitive land area, except as expressly permitted by provisions of this title;

5.   Not be located in any protected area as shown on a natural resource inventory; and

6.   Conform to any other applicable requirements of this code. (Ord. 394, 8-7-2001)

F.   Appeal Of Decision: Appeals of a zoning administrator’s decision regarding a permitted use permit are governed by section 9-5-180 of this chapter. (Ord. 815, 4-1-2008, eff. 7-1-2008)

G.   Effect Of Approval: Approval of a permitted use permit shall authorize an applicant to engage in the permitted use subject to any conditions of approval.

H.   Amendments: The procedure for amending any permitted use permit shall be the same as the original procedure set forth in this section.

I.   Revocation: A permitted use permit may be revoked as provided in section 9-7-060 of this title.

J.   Expiration: A permitted use permit shall expire if not exercised within one hundred eighty (180) days of issuance. (Ord. 394, 8-7-2001; amd. Ord. 1498, 8-3- 2021)

A.   Purpose: This section sets forth procedures for considering and approving conditional use permits.

B.   Authority: The planning commission is authorized to issue conditional use permits as provided in this section.

C.   Initiation: A property owner, or the owner's agent, may request a conditional use permit as provided in subsection D1 of this section.

D.   Procedure: An application for a conditional use permit shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   The address and parcel identification of the subject property.

c.   The zone, zone boundaries and present use of the subject property.

d.   A complete description of the proposed conditional use.

e.   A plot plan showing the following:

(1)   Applicant's name;

(2)   Site address;

(3)   Property boundaries and dimensions;

(4)   Layout of existing and proposed buildings, parking, landscaping, and utilities; and

(5)   Adjoining property lines and uses within one hundred feet (100') of the subject property.

f.   Traffic impact analysis, if required by the city engineer or the planning commission.

g.   A statement by the applicant demonstrating how the conditional use permit request meets the approval standards of subsection E of this section.

h.   A statement indicating whether the applicant will require a variance in connection with the proposed conditional use.

i.   Such other and further information or documentation as the zoning administrator may deem necessary for a full and proper consideration and disposition of a particular application.

2.   If a variance is required, a variance application shall be filed when an application for a conditional use permit is filed. (Ord. 394, 8-7-2001)

3.   After the application is determined to be complete, the zoning administrator shall schedule a public hearing before the planning commission as provided in section 9-5-040 of this chapter. Notice of the meeting should be given as provided in section 9-5-045 of this chapter. (Ord. 675, 3-8-2006)

4.   A staff report evaluating the application shall be prepared by the zoning administrator.

5.   The planning commission shall hold a public meeting and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the conditional use permit to approval standards.

6.   After the planning commission makes a decision, the zoning administrator shall give the applicant written notice of the decision.

7.   A record of all conditional use permits shall be maintained in the office of the zoning administrator. (Ord. 394, 8-7-2001)

E.   Approval Standards: The standards of this subsection shall apply to the issuance of a conditional use permit:

1.   A conditional use permit may be issued for a use to be located within a zone where the particular conditional use is allowed by the use regulations of the zone.

2.   Reasonable conditions may be imposed as necessary to substantially mitigate reasonably anticipated detrimental effects of the proposed use. These conditions may include conditions concerning use, construction, character, location, landscaping, screening, parking, hours of operation, and other matters relating to the purposes and objectives of this section. Such conditions shall be expressly set forth in the motion authorizing the conditional use permit.

3.   If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.

4.   The following factors shall be reviewed and considered in determining whether a conditional use permit application should be approved, approved with conditions, or denied because reasonable conditions cannot be imposed to achieve compliance with applicable standards:

a.   The harmony and compliance of the proposed use with the objectives and requirements of the city's general plan and this title;

b.   The suitability of the specific property for the proposed use;

c.   Whether the proposed use or facility may be injurious to potential or existing development in the vicinity;

d.   The economic impact of the proposed facility or use on the surrounding area;

e.   The aesthetic impact of the proposed facility or use on the surrounding area;

f.   The safeguards proposed or provided to ensure adequate utilities, transportation access, drainage, parking, loading space, lighting, screening, landscaping, open space, fire protection, and pedestrian and vehicular circulation;

g.   The safeguards provided or proposed to prevent noxious or offensive emissions such as noise, glare, dust, pollutants and odor from the proposed facility or use; and

h.   The impact of the proposed facility or use on the health, safety, and welfare of the city, the area, and persons owning or leasing property in the area.

5.   The planning commission may request additional information as may be reasonably needed to determine whether the requirements of this subsection E can be met. (Ord. 949, 10-5-2010)

F.   Appeal Of Decision: Appeals of a planning commission decision regarding the transfer, issuance or denial of a conditional use permitare governed by section 9-5-180 of this chapter. (Ord. 1323, 5-1-2018)

G.   Effect Of Approval: A conditional use permit shall not relieve an applicant from obtaining any other authorization or permit required under this title or any other title of this Code.

1.   A conditional use permit may be transferred so long as the use conducted thereunder conforms to the terms of the permit.

2.   Unless otherwise specified by the Planning Commission and subject to the provisions relating to amendment, revocation or expiration of a conditional use permit, a conditional use permit shall be of indefinite duration and shall run with the land.

H.   Amendments: The procedure for amending any conditional use permit shall be the same as the original procedure set forth in this section.

I.   Revocation: A conditional use permit may be revoked as provided in section 9-7-060 of this title.

1.   In addition to the grounds set forth in section 9-7-060 of this title, any of the following shall be grounds for revocation:

a.   The use for which the permit was granted has ceased for one year or more;

b.   The holder or user of the permit has failed to comply with the conditions of approval or any City, State, or Federal law governing the conduct of the use;

c.   The holder or user of the permit has failed to construct or maintain the site as shown on the approved site plan or map; or

d.   The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.

2.   No conditional use permit shall be revoked against the wishes of the holder or user of the permit without first giving such person an opportunity to appear before the Planning Commission and show cause as to why the permit should not be amended or revoked. Revocation of a permit shall not limit the City's ability to initiate or complete other legal proceedings against the holder or user of the permit.

A.   Purpose: This section sets forth the procedures for reviewing a site plan. These procedures are established to assure that the plans meet the purposes and standards of the subject zone, provide for necessary public and private facilities, infrastructure, emergency access, geologic constraints, and other considerations surrounding land uses.

B.   Authority: The planning commission and zoning administrator are authorized to approve or deny site plans as provided in this section. The zoning administrator may refer any site plan to the planning commission for review if the zoning administrator determines, in their sole discretion, a planning commission decision would serve the best interest of the citizens of Draper, or if other aspects of the proposed development require planning commission review.

C.   Initiation: A property owner, or the owner's agent, may request approval of a site plan as provided in subsection D(1) of this section.

1.   A site plan shall be required for any of the uses listed in subsection C(2) below, unless expressly exempted from such requirement by another provision of this title.

2.   The planning commission shall review site plans for the following uses:

a.   Any manufacturing use.

b.   Any commercial use.

c.   Any institutional use.

d.   Any multi-family residential use.

3.   A site plan for any use not listed in subsection C(2) above may be reviewed by the zoning administrator.

4.   No building permit for the construction of any building, structure, or other improvement to the site shall be issued prior to approval of a site plan if a site plan is required. No clearing, grubbing, grading, drainage work, parking lot construction or other site improvement shall be allowed prior to site plan approval.

D.   Procedure: An application for site plan approval shall be considered and processed as provided in this subsection.

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's consolidated fee schedule. The application shall include the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   The uses for which site plan approval is requested.

c.   A certified occupancy survey at a scale no smaller than one inch equals one hundred feet (1" = 100') showing the deed boundary, all deed boundaries of adjacent parcels, and all existing natural and manmade features, such as fences, ditches, buildings, etc., within fifty feet (50') of the property line.

d.   A single electronic set of development plans showing the information required in subsections D(1)(d)(1) to D(1)(d)(6) of this section. The information required by each subsection shall be shown on separate sheets. Plans shall be drawn at a scale no smaller than one inch equals one hundred feet (1" = 100'). Plan sets shall be prepared, stamped and signed by the professional, licensed with the state of Utah, who prepared the drawings or is professionally responsible for the drawings content, including the engineering, landscaping and architectural drawings. The development plans shall include:

(1)   Site plan showing the following:

(A)   All facilities related to the project located within two hundred fifty feet (250') of the site boundary.

(B)   Layout, dimensions, and names of existing and future road rights of way. (New street names must be cleared through the county.)

(C)   Project name, north arrow, legend and tie to a section monument.

(D)   The boundary lines of the project site with bearings and distances.

(E)   Layout and dimensions of existing and proposed streets, buildings, parking areas, driveways, easements, setbacks, overhangs for setbacks, and landscape areas.

(F)   Location, dimensions, and labeling of other features such as bicycle racks, dumpsters, trash cans, fences, retaining walls, nearest fire hydrant, signage, mechanical equipment, etc.

(G)   Location of manmade features, including irrigation facilities, bridges, railroad tracks, and buildings.

(H)   A tabulation table, showing total gross acreage, square footage of street rights of way, square footage of building footprint, square footage of total building floor area, square footage of landscaping, number of parking spaces, and square footage of impervious surfaces.

(I)   Identification of property, if any, not proposed for development.

(J)   Defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Utah Code Section 15A-2-103.

(K)   Geologic hazards setbacks and geologic- restricted areas as defined in Section 10-7-20.

(2)   Grading and drainage plan showing the following:

(A)   North arrow, scale, legend and site plan underlay.

(B)   Topography at one foot (1') intervals.

(C)   Areas of substantial earthmoving shown as new elevation contour lines, including an erosion control plan.

(D)   Location of existing watercourses, canals, ditches, springs, wells, culverts, and storm drains, and proposed method of dealing with all irrigation and wastewater.

(E)   Location of any designated floodplain and wetland boundaries.

(F)   Direction of stormwater flows, catch basins, inlets, outlets, waterways, culverts, detention basins, orifice plates, outlets to off- site facilities, and off site drainage facilities when necessary.

(G)   Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements.

(H)   Finish grades and spot elevations as applicable to included site features.

(3)   Utility plan showing the following:

(A)   North arrow, scale, legend and site plan underlay.

(B)   All existing and proposed utilities, including, but not limited to: sewer, culinary water, secondary water, fire hydrants, storm drains, subsurface drains, gas lines, power lines, communications lines, cable television lines, and streetlights.

(C)   Location and dimensions of all utility easements.

(D)   A letter from sewer and water providers, addressing the feasibility and their requirements to serve the project.

(4)   A landscape plan package, inclusive of the following:

(A)   Project data, details, and specifications:

(i)   Project name and property address;

(ii)   Name of the property owner;

(ii)   Names, business addresses, phone numbers and email addresses of the applicant, landscape architect, and landscaping contractor;

(iii)   The scale of each drawing in both graphical and written formats;

(iv)   The date of the design, and dates of any revisions;

(v)   A north arrow; and

(vi)   Additional details and specifications from the Landscape Architect or Landscape Designer for tree staking, soil preparation, irrigation component installation, and other similar landscape work.

(B)   A detailed landscape planting plan showing:

(i)   A legend listing each symbol and line type used in the drawing;

(ii)   The location of existing and proposed buildings, walls, fences, utilities, amenities, property lines, sidewalks, streets, pavement, impervious areas, and other similar site improvements;

(iii)   The location, size, and quantities of all existing and proposed trees, plants, and landscaping materials;

(iv)   An indication as to which existing trees, plants, and landscaping materials will be removed, and the specific measures that will be taken to protect existing trees, plants and landscaping that will remain through construction; and

(v)   The botanical and common names of all trees and plants used within the plan;

(C)   A detailed landscape irrigation plan, drawn at the same scale as the planting plan, containing the following:

(i)    Layout of the irrigation system and a legend summarizing the type and size of all components of the system;

(ii)   The location of pressure regulators within the system and the water pressure they will be set to; and

(iii)   For systems utilizing culinary or potable water, the plan must include the location of backflow prevention devices.

(5)   Lighting plan, consistent with the requirements of chapter 20 of this title.

(6)   Architectural building elevations for all buildings showing the following:

(A)   Accurate front, rear, and side elevations drawn to scale.

(B)   Exterior surfacing materials and colors, including roofing material and color.

(C)   Outdoor lighting, furnishings and architectural accents.

(D)   Location and dimensions of all signage proposed to be attached to the building or structure.

(7)   Floor plans for each floor of the building, including any unroofed balconies or patios, and any rooftop patios or landscaped space, showing the following:

(A)   A scaled, dimensioned, and labeled layout of the building interior, including the location of all walls, doors, windows, stairwells, and fixed furnishings.

(B)   The intended use and individual square footage of each room or area.

(C)   The calculated square footage of each floor attributable to the total floor area of the building and a separate calculation of the square footage of any unroofed balconies or patios excluded from the total floor area calculation of the building.

e.   Soils report, geotechnical reports, and geologic hazards reports as required in Title 10, Chapter 7, of this code.

f.   Drainage report including hydraulic and hydrologic storm drainage calculations. 100-year events may need to be accommodated in certain locations in the path of major drainages. See the Drainage Design Criteria for calculation requirements. Drainage plans shall facilitate a 10-year storm event. A maximum stormwater controlled release rate of 0.1 cubic feet per second per acre shall be the maximum permitted discharge in the Salt Lake County portion of Draper City. In the Utah County area of Draper City, no discharge shall exceed demonstrated historical flows from any drainage or sum of drainages. Further reductions in release rates may be required in situations of insufficient stormwater system capacity.

g.   Any necessary agreements with adjacent property owners regarding storm drainage or other pertinent matters.

h.   When the project is located within the sensitive lands overlay zone, additional reports as required by chapter 16 of this title.

i.   Evidence of compliance with all applicable federal, state, and local laws and regulations as may be requested by the zoning administrator.

j.   Traffic impact analysis, if requested by the city engineer or the planning commission.

k.   Preliminary title report or ALTA survey.

l.   Wastewater discharge approval from South Valley water reclamation facility, if required by the South Valley water reclamation facility.

m.   For site plans that include new proposed streets, a letter from the Salt Lake County Addressing department indicating that the proposed name is both available and has been reserved for use by the development. Availability or reservation of a proposed street name with Salt Lake County does not constitute approval of the proposed street name or addressing from Draper City.

2.   After the application is determined to be complete, the zoning administrator shall schedule a public hearing before the planning commission as provided in section 9-5-040 of this chapter. Notice of the meeting should be given as provided in section 9-5-045 of this chapter.

3.   A staff report evaluating the application shall be prepared by the zoning administrator.

4.   The planning commission shall hold a public meeting and thereafter shall approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the site plan to approval standards.

5.   After the planning commission makes a decision, the zoning administrator shall give the applicant written notice of the decision. The applicant shall provide the city a copy of the approved site plan, including any required corrections or revisions. Once in final, approved form, the site plan shall be marked "Approved" by the city.

6.   A record of all site plan approvals shall be maintained in the office of the zoning administrator.

E.   Standards For Approval: The following standards shall apply to the approval of a site plan:

1.   The entire site shall be developed at one time unless a phased development plan is approved.

2.   A site plan shall conform to applicable standards set forth in this title, including but not limited to, building heights, setbacks, access points, parking, landscaping, and building materials.

3.   The proposed development plans meet the intent, goals, and objectives of the general plan and the purpose of the zone district in which the site is located.

4.   The public facilities and services in the area are adequate to support the subject development, as required by engineering standards and specifications.

5.   The proposed development plans comply with the engineering standards found in Titles 7, 8, 11, 12, 16, and 18 of this code, including traffic, storm water drainage, and utilities concerns.

F.   Appeal Of Decision: Appeals regarding the approval or denial of a site plan are governed by section 9-5-180 of this chapter.

G.   Effect Of Approval: Every site for which a site plan has been approved shall conform to such plan.

1.   A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this section have been met. Any building permit issued shall expressly require that development be undertaken and completed in conformity with the approved site plan. No structures or improvements may be added to a site that are not included on the approved site plan.

2.   All improvements shown on the approved site plan or amended site plan shall be maintained in a neat and attractive manner.

3.   Approval of a site plan shall not be deemed an approval of any conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title.

H.   Amendments: Except as may be provided for in this section, no element of an approved site plan shall be changed or modified without first obtaining approval of an amended site plan as follows:

1.   Alteration or expansion of an approved site plan may be permitted by the Zoning Administrator upon making all of the following findings:

a.   The proposed use is consistent with uses permitted on the site;

b.   Existing uses were permitted when the site plan was approved, or have received a conditional use permit;

c.   The proposed use and site will conform to applicable requirements of this Code;

d.   The proposed expansion meets the approval standards of subsection E of this section; and

e.   The site can accommodate any change in the number of people on the site or any change in impact on surrounding infrastructure.

2.   If the Zoning Administrator cannot make all of the findings required in subsection H(1) above, the amended site plan may only be approved by the Planning Commission. The Planning Commission may only approve an amended site plan after a public hearing that complies with all requirements of this code, including section 9-5-045.

3.   If the Zoning Administrator can make all findings required in subsection H(1) above the Zoning Administrator may approve the proposed amendment without a public hearing and without notice.

4.   Properties that do not conform to the standards found within this code may be required to come into compliance, subject to the standards in 9-6-040, 9-6-050, 9-6-060, and 9-6-070 of this title.

5.   An amended site plan application shall not be required when the alteration complies with the below standards.

a.   An accessory building when:

(1)   The accessory building complies with current architectural standards;

(2)   The accessory building is less than five percent (5%) of the floor area of the existing main building to a maximum of two thousand (2,000) square feet;

(3)   The accessory building does not impact any existing required landscaping or parking; and

(4)   The proposed amendment meets all zoning and engineering standards.

b.   A main building addition when:

(1)   The main building addition's floor area is not larger than ten percent (10%) of the floor area of the existing main building to a maximum of five thousand (5,000) square feet;

(2)   The main building addition does not impact any existing required landscaping or parking;

(3)   The main building addition is architecturally compatible with the existing main building or complies with current architectural standards; and

(4)   The proposed amendment meets all zoning and engineering standards.

c.   Changes to site features such as landscaping or parking do not encompass more than 10% of a site and comply with current zoning and engineering standards.

I.   Revocation: A site plan approval may be revoked as provided in 9-7-060 of this title.

J.   Expiration: Failure to obtain a land disturbance permit within one year of approval of any site plan shall void the prior site plan approval. Prior to the expiration of the one-year period, an applicant may submit a written request to the community development department for a site plan extension of up to six (6) months. Approval of this extension may only be granted by the zoning administrator or planning commission, whichever is the approval authority outlined in this section, provided the applicant can meet the requirements for extension under section 9-5-030 and demonstrate substantial action toward obtaining a land disturbance permit. If a site plan expires, and an applicant wishes to continue with development of the site a new application shall be required. If there have been no changes to applicable codes which would necessitate updates to the previously approved plans, the applicant will be charged a new application fee of fifty percent (50%) of the current fee outlined in the consolidated fee schedule and the application shall be approved by the zoning administrator or planning commission, whichever is the approval authority outlined in this section, in a public meeting as an action item. If changes to the site plan are made by the applicant or are required due to changes in applicable codes, the site plan shall be processed as a new application and is subject to a new application fee at one hundred percent (100%) of the current fee established in the consolidated fee schedule. (Ord. 394, 8-7-2001; amd. Ord. 567, 4-13-2004; Ord. 675, 3-28-2006; Ord. 787, 10-23-2007; Ord. 875, 1-6-2009; Ord. 1132, 2-17-2015; Ord. 1323, 5-1-2018; Ord. 1408, 10-15-2019; Ord. 1454, 11-10-2020; Ord. 1479, 2-16-2021; Ord. 1498, 8-3-2021; Ord. 1583, 6-20-2023; Ord. 1696, 12-16-2025)

A.   Purpose: This section sets forth procedures for considering and approving a variance to the provisions of this title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen applications of the provisions of this title that create unreasonable hardships.

B.   Authority: The appeals and variance hearing officer is authorized to hear and decide variances to the provisions of this title as provided in this section.

C.   Initiation: A property owner, or the owner's agent, may request a variance to the provisions of this title as provided in subsection D1 of this section.

D.   Procedure: An application for a variance shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   The address and parcel identification of the subject property.

c.   The specific feature or features of the proposed use, construction or development that require a variance.

d.   The specific provision of this title from which the variance is sought and the precise variance being sought.

e.   A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship.

f.   A statement of the minimum variation needed to permit the proposed use, construction or development.

g.   An explanation of how the application satisfies each standard set forth in subsection E of this section.

h.   A plot plan showing the following:

(1)   Applicant's name;

(2)   Site address;

(3)   Property boundaries and dimensions;

(4)   Layout of existing and proposed buildings, parking, landscaping, and utilities; and

(5)   Adjoining property lines and uses within one hundred feet (100') of the subject property.

i.   An elevation plan drawn to scale showing all elevations of existing and proposed structures.

j.   When the variance involves building height, a streetscape plan showing the height of all buildings within one hundred fifty feet (150') of the subject property.

k.   When a variance involves grade changes a topographical drawing prepared by a licensed surveyor, showing existing topography in dashed lines at two foot (2') intervals and showing the proposed grade in solid lines at two foot (2') intervals.

l.   When a variance involves retaining walls, a plan showing all retaining walls, including their height relative to proposed grades.

m.   Any other information identified by the zoning administrator to be pertinent to the requested variance. (Ord. 394, 8-7-2001)

2.   After the application is determined to be complete, the zoning administrator shall schedule a public hearing before the appeals and variance hearing officer as provided in section 9-5-040 of this chapter. Notice of the meeting should be given as provided in section 9-5-045 of this chapter.

3.   A staff report evaluating the application shall be prepared by the zoning administrator.

4.   The appeals and variance hearing officer shall hold a public meeting and thereafter shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the variance to approval standards.

5.   After the appeals and variance hearing officer makes a decision, the zoning administrator shall give the applicant written notice of the decision.

6.   A record of all variances shall be maintained in the office of the zoning administrator.

E.   Approval Standards: The following standards shall apply to a variance:

1.   The appeals and variance hearing officer may grant a variance only if:

a.   Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;

b.   There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district;

c.   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district;

d.   The variance will not substantially affect the general plan and will not be contrary to the public interest; and

e.   The spirit of this title is observed and substantial justice done.

2.   The appeals and variance hearing officer may find an unreasonable hardship exists only if the alleged hardship is located on or associated with the property for which the variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. The appeals and variance hearing officer may not find an unreasonable hardship exists if the hardship is self-imposed or economic.

3.   The appeals and variance hearing officer may find that special circumstances exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same zoning district.

4.   An applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

5.   A use variance may not be granted.

6.   In granting a variance, the appeals and variance hearing officer may impose additional requirements on an applicant that will mitigate any harmful affects of the variance, or serve the purpose of the standard or requirement that is waived or modified.

7.   A variance more restrictive than that requested may be authorized when the record supports the applicant's right to some relief but not to the extent requested.

F.   Appeal Of Decision: Appeals of a decision of the appeals and variance hearing officer regarding a variance are governed by subsection 9-4-050(I) of this title.

G.   Effect Of Approval: A variance shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this code.

H.   Amendments: The procedure for amending any variance decision shall be the same as the original procedure set forth in this section.

I.   Expiration: Variances shall not expire but shall run with the land.

A.   Purpose: This section sets forth procedures for determining zoning compliance of a building permit application.

B.   Authority: The zoning administrator or their designee is authorized to review applications for building permits for zoning compliance as provided in this section. (Ord. 394, 8-7-2001)

C.   Initiation: Any person may apply for a building permit as provided in the current building codes adopted by the city. Zoning compliance of a building permit application shall be determined as provided in subsection D(1) of this section. (Ord. 624, 2-8-2005)

D.   Procedure: A building permit application shall be reviewed for zoning compliance as provided in this subsection:

1.   A complete building permit application shall be submitted to the office of the building official in a form established by the building official, along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant, the construction manager/general contractor, and the applicant's agent, if any.

b.   A plot plan for the construction project that:

(1)   is drawn to scale;

(2)   includes a north arrow and legend; and

(3)   provides specifications for the following:

(a)   Lot sized and dimensions;

(b)   Setbacks and overhangs for setbacks;

(c)   Easements;

(d)   Property lines;

(e)   Topographical details, if the slope of the lot or parcel is greater than ten percent (10%);

(f)   Retaining walls;

(g)   Hard surface areas;

(h)   Curb and gutter elevations as indicated in the subdivision documents;

(i)   Utilities, including water meter and sewer lateral location;

(j)   Street names;

(k)   Driveway locations;

(l)   Defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Utah Code Section 15A-2-103;

(m)   The location of the nearest hydrant;

c.   Construction plans and drawings, including:

(1)   Elevations, only if the construction project is new construction;

(2)   Floor plans for each level, including the location and size of doors and windows;

(3)   Foundation, structural, and framing detail; and

(4)   Electrical, mechanical, and plumbing design.

d.   Documentation of Energy Code Compliance.

e.   Structural Calculations, except for tresses.

f.   A geotechnical report, including a slope stability evaluation and retaining wall design for properties where the slope exceeds fifteen percent (15%).

g.   A statement indicating that actual construction will comply with applicable local ordinances and building codes.

2.   After the building permit application is determined to be complete, the building official shall transmit the application to the zoning administrator. The zoning administrator shall approve, approve with conditions, or deny the zoning compliance request pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the permit to approval standards.

3.   After making a decision, the zoning administrator shall give the building official written notice of the zoning compliance decision.

4.   A record of all zoning compliance reviews shall be maintained in the office of the building official.

E.   Approval Standards: No building permit shall be approved for zoning compliance unless the proposed building, structure or use when built and the land on which it is located will conform in every respect with applicable provisions of this title and any applicable conditions of approval required under a permit applicable to the subject property. (Ord. 394, 8-7-2001)

F.   Appeal Of Decision: Appeals of a zoning administrator’s decision regarding zoning compliance of a building permit are governed by section 9-5-180 of this chapter. (Ord. 815, 4-1-2008, eff. 7-1-2008)

G.   Effect Of Approval: Approval shall indicate acceptance of plans as compliant with zoning ordinances.

H.   Amendments: Amendments to an approved plan will require review and approval by the same procedures through which the plan received the initial approval.

I.   Expiration: Subject to an extension of time, a building permit shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the permit is not commenced within one-hundred eighty (180) days. (Ord. 394, 8-7-2001; amd. Ord. 1497, 7-20-2021; Ord. 1498, 8-3-2021)

A.   Purpose: This section sets forth procedures for determining the existence, expansion or modification of a nonconforming use.

B.   Authority: The zoning administrator is authorized to make a determination regarding the existence, expansion or modification of a nonconforming use as provided in this section.

C.   Initiation: A property owner, or the owner's agent, may request a determination regarding the existence, expansion or modification of a nonconforming use affecting the owner's property as provided in subsection D1 of this section.

D.   Procedure: An application for determination of the existence, expansion or modification of a nonconforming use shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   The nonconforming use in question.

c.   A description of the action requested by the applicant.

d.   Grounds for finding the use is nonconforming or for allowing expansion or modification of the nonconforming use.

2.   After the application is determined to be complete, the zoning administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the nonconforming use, expansion or modification to approval standards.

3.   After making a decision, the zoning administrator shall give the applicant written notice of the decision.

4.   A record of all nonconforming use determinations shall be maintained in the office of the zoning administrator.

E.   Standards For Decision: A determination regarding the existence, expansion or modification of a nonconforming use shall be based on applicable provisions of chapter 6 of this title.

G.   Effect Of Decision: An applicant may continue, expand or modify a nonconforming use as determined by the zoning administrator. (Ord. 394, 8-7-2001; amd. Ord. 1498, 8-3-2021)

A.   Purpose: This section sets forth procedures for considering and approving a sign permit.

B.   Authority: The zoning administrator is authorized to issue sign permits as provided in this section.

C.   Initiation: Any person may apply for a sign permit as provided in subsection D1 of this section.

D.   Procedure: An application for a sign permit shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   A statement by the applicant demonstrating how the sign permit request meets the approval standards of subsection E of this section.

c.   A plot plan showing the following:

(1)   Applicant's name;

(2)   Site address;

(3)   Property boundaries and dimensions;

(4)   Layout of existing and proposed buildings, parking, landscaping, and utilities; and

(5)   Adjoining property lines and uses within one hundred feet (100') of the subject property.

d.   An elevation drawing showing:

(1)   Type of sign;

(2)   Sign location in relation to nearest property line;

(3)   Sign face design, if an on premises sign;

(4)   Sign height;

(5)   Sign face area;

(6)   Sign illumination details; and

(7)   Reflective elements and materials.

2.   After the application is determined to be complete, the zoning administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the sign permit to approval standards.

3.   After making a decision, the zoning administrator shall give the applicant written notice of the decision.

4.   A record of all sign permits shall be maintained in the office of the zoning administrator.

E.   Approval Standards: The following standards shall apply to the issuance of a sign permit:

1.   A sign shall conform to applicable provisions of chapter 26 of this title.

2.   All signs shall be inspected by a designated officer of the city immediately after installation. The permittee shall request inspection within five (5) business days after installation. Any sign not conforming to the requirements of chapter 26 of this title shall be made to conform or removed.

3.   Building and electrical permits shall be required for signs having a cost, rental value or lease value exceeding five hundred dollars ($500.00).

F.   Appeal Of Decision: Appeals of a zoning administrator’s decision regarding a sign permit are governed by section 9-5-180 of this chapter.

G.   Effect Of Approval: Approval of a sign permit shall authorize an applicant to:

1.   Construct the sign as indicated on the permit, if no building and electrical permits are required; or

2.   If building and electrical permits are required, such permits shall be obtained prior to construction.

H.   Amendments: The procedure for amending any sign permit shall be the same as the original procedure set forth in this section.

I.   Revocation: A sign permit may be revoked as provided in section 9-7-060 of this title.

J.   Expiration: A sign permit which is not exercised to sign installation within one hundred eighty (180) days shall be void. An applicant may submit a written request to the community development department prior to expiration of the sign permit for an extension of up to ninety (90) days. The zoning administrator may approve the extension upon a showing that the applicant has taken substantial action towards the permit and provided the requirements for an extension under section 9-5-030 of this chapter are met.

A.   Purpose: This section sets forth procedures for considering and approving a temporary use permit.

B.   Authority: The zoning administrator is authorized to issue temporary use permits as provided in this section.

C.   Initiation: Any person may apply for a temporary use permit as provided in subsection D1 of this section, subject to compliance with the provisions of title 6, chapter 16, "Temporary Uses", of this code.

D.   Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any.

b.   The name and address of the applicant and the name and address of every person or company the applicant represents.

c.   The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer.

d.   The requested temporary use.

e.   The place, date, time of the event, and hours of operation of the proposed use.

f.   A statement of the approximate number of persons, animals and/or vehicles which will participate in the event or be generated by the use and an explanation of how said number was derived, such as number of presold tickets, available seating and/or parking, and past experience with similar activities.

g.   The following maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general:

(1)   A scaled drawing of the area in which the event is to be held or the use conducted, showing the location of any existing structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, curbs, gutter, sidewalks, and outside storage areas; and

(2)   Sufficient evidence to demonstrate that the temporary use will meet the general and specific requirements of sections 6-16-040 and 6-16-050 of this code.

h.   Other such items as reasonably requested by the zoning administrator to determine the feasibility of the temporary use.

2.   After the application is determined to be complete, the zoning administrator shall solicit recommendations from the city fire chief, city-county health department, city engineer, and law enforcement agency of the city. Thereafter, the zoning administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.

3.   After making a decision, the zoning administrator shall give the applicant written notice of the decision.

4.   A record of all temporary use permits shall be maintained in the office of the zoning administrator.

E.   Approval Standards: The following standards shall apply to the issuance of a temporary use permit:

1.   A temporary use shall conform to:

a.   The development standards set forth in section 6-16-050 of this code; and

b.   Any recommendations received from the city fire chief, city- county health department, city engineer, and law enforcement agency of the city.

2.   No temporary use permit shall be issued unless the zoning administrator finds the proposed temporary use:

a.   Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;

b.   Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the city;

c.   Will not conflict with construction or development in the public right of way or at public facilities;

d.   Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the city;

e.   Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and

f.   Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this code. (Ord. 394, 8-7-2001)

F.   Appeal Of Decision: Appeals of a zoning administrator’s decision regarding a temporary use permit are governed by section 9-5-180 of this chapter. (Ord. 815, 4-1-2008, eff. 7-1-2008)

G.   Effect Of Approval: Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to any conditions of approval.

H.   Amendments: The procedure for amending any temporary use permit shall be the same as the original procedure set forth in this section.

I.   Revocation: A temporary use permit may be revoked as provided in section 9-7-060 of this title.

J.   Expiration: A temporary use permit shall expire as provided in subsection 6-16-030B of this code. Extensions of time shall be prohibited. (Ord. 394, 8-7-2001; amd. Ord. 1498, 8-3-2021)

A.   Purpose: The provisions of this title, though detailed and extensive, cannot as a practical matter address every specific situation to which these provisions may be applied. This section allows the zoning administrator to interpret a provision of this title in light of the general and specific purposes for which it was enacted and as applied to specific circumstances.

B.   Authority: The zoning administrator is authorized to render interpretations of the provisions of this title, and any rule or regulation adopted pursuant thereto, as provided in this section.

C.   Initiation: Any person may request an administrative interpretation as provided in subsection D1 of this section.

D.   Procedure: An application for an administrative interpretation shall be considered and processed as provided in this subsection:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the administrator, along with any fee established by the city's schedule of fees. The application shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any;

b.   The specific provision or provisions of this title for which an interpretation is requested;

c.   Specific facts of the situation which illustrate the need for an administrative interpretation;

d.   The precise interpretation claimed by the applicant to be correct; and

e.   When a use interpretation is requested, the application shall include:

(1)   A statement explaining why the proposed use should be deemed as included within a use category allowed by the zoning district applicable to the property; and

(2)   Documents, statements, and other evidence demonstrating that the proposed use will conform to all use limitations established by the zoning district applicable to the property.

2.   After the application is determined to be complete, the zoning administrator shall review the request and make an interpretation in accordance with the standards set forth in subsection E of this section.

3.   After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.

4.   A record of all administrative interpretations shall be maintained in the Office of the Zoning Administrator.

E.   Standards For Making Administrative Interpretations: The following standards shall apply to administrative interpretations:

1.   Administrative interpretations shall not add to or change the provisions of this title.

2.   Questions about the location of zoning district boundaries shall be resolved by applying the standards set forth in section 9-8-040 of this title.

3.   An administrative interpretation shall be consistent with:

a.   The provisions of this title; and

b.   Any previously rendered interpretations based on similar facts.

4.   A use interpretation shall also be subject to the following standards:

a.   A "use", as defined in section 9-3-040 of this title, shall be interpreted as provided therein.

b.   Any use specifically listed as "not permitted" in a table of permitted and conditional uses for a particular zoning district shall not be allowed in that zone.

c.   No use interpretation shall allow a use in a zoning district unless evidence is presented demonstrating the use will conform to development standards established for that district.

d.   No use interpretation shall allow a use in a particular zoning district unless the use is substantially similar to uses allowed in that zone.

e.   If a proposed use is most similar to a conditional use authorized in the zoning district in which it is proposed to be located, any interpretation allowing such use shall require that the use be approved only as a conditional use pursuant to section 9-5-080 of this chapter.

f.   No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zoning district in which it would be located. (Ord. 394, 8-7-2001)

F.   Appeal Of Decision: Appeals of an administrative interpretation rendered by the zoning administrator are governed by section 9-5-180 of this chapter. (Ord. 815, 4-1-2008, eff. 7-1-2008)

G.   Effect Of Approval: An administrative interpretation shall apply only to the property for which an interpretation is given.

1.   A use interpretation finding a use to be a permitted or conditional use in a particular zone shall be deemed to authorize only that use on the subject property. A use interpretation shall not authorize another allegedly similar use for which a separate use interpretation has not been issued.

2.   A use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this Code. (Ord. 394, 8-7-2001; amd. Ord. 1498, 8-3-2021)

A.   Purpose: This section sets forth procedures for appealing an administrative decision applying provisions of this title. (Ord. 1199, 5-17-2016)

B.   Authority: The appeals and variance hearing officer shall hear and decide appeals from administrative decisions applying the provisions of this title.

C.   Initiation: The land use applicant, an officer of the city, or an adversely affected party may appeal a decision administering or interpreting a provision of this title to the appeals and variance hearing officer as provided in subsection D(1) of this section. A complete Notice of Appeal shall be filed within ten (10) calendar days of the decision being appealed.

D.   Procedure: An appeal of an administrative decision shall be considered and processed as provided in this subsection and shall respect the due process rights of the participants.

1.   A complete Notice of Appeal shall be submitted to the Office of the zoning administrator on a form established by the administrator along with the fee established by the City in its consolidated fee schedule. The Notice of Appeal shall include at least the following information:

a.   The name, address and telephone number of the applicant and the applicant's agent, if any;

b.   The decision appealed;

c.   Grounds for the appeal; and

d.   A description of the action claimed by the applicant to be incorrect.

2.   After the Notice of Appeal is determined to be complete and timely filed, the zoning administrator shall coordinate with the appeals and variance hearing officer to schedule a meeting. Notice of the meeting shall be given as provided in subsection 9-4-050(F) of this title. Prior to the meeting the zoning administrator shall transmit to the appeals and variance hearing officer all papers constituting the record of the action which is appealed.

3.   An appeal to the appeals and variance hearing officer shall not stay proceedings taken in furtherance of the action appealed from unless such proceedings are specifically stayed by order of the zoning administrator. An appellant may request a stay by submitting to the zoning administrator, in writing, a request for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the zoning administrator shall assure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five (5) days from the date the request is received by the zoning administrator. The zoning administrator, in granting a stay, may impose additional conditions to mitigate any potential harm that may be caused by the stay, including requiring the appellant to post a bond. Within ten (10) days of the zoning administrator's decision regarding the grant or denial of a stay, any adversely affected party may appeal the decision to the appeals and variance hearing officer with jurisdiction over the appeal, whose decision will be final.

4.   The appeals and variance hearing officer shall conduct a hearing based upon the record only, taking no new testimony or new information but relying solely upon the information and final decision of the officer or body from whom the appeal was taken. The appellant has the burden of proving that the officer or body erred. In conducting the appeal hearing the appeals and variance hearing officer shall:

a.   Determine whether the record on appeal includes substantial evidence for each essential finding of fact;

b.   Determine the correctness of the officer or body's interpretation and application of the plain meaning of the land use regulations and thereafter affirm or reverse, wholly or in part, the lower decision, modify that decision, or impose any conditions needed to conform the matter appealed to applicable approval standards; and

c.   Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.

5.   The appeals and variance hearing officer shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

6.   After the appeals and variance hearing officer makes a decision, the zoning administrator shall give the applicant written notice of the decision. The decision takes effect on the date when the appeal authority issues a written decision.

7.   A record of all appeals shall be maintained in the Office of the zoning administrator. (Ord. 1323, 5-1-2018; amd. Ord. 1498, 8-3-2021)

A.   Notwithstanding any provision of this title which sets forth a procedure for any matter herein, no action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to a petition, application, notice, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:

1.   The procedure is required by State or Federal law; and

2.   In an examination of the entire circumstances, including the evidence of record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:

a.   Had the error not occurred the decision made pursuant to the procedure would have been different, and

b.   Because of the error the complainant suffered an injury for which relief must be given.

B.   The court shall presume that action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of the proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred.

C.   All procedures within this title shall be subject to this section. (Ord. 1199, 5-17-2016)

A.   Purpose: A development agreement may be negotiated and executed between a developer and the City containing any term that the City considers necessary, including a term related to:

1.   A master planned development;

2.   A planned unit development;

3.   An annexation;

4.   Affordable or moderate income housing with development incentives;

5.   A public-private partnership; or

6.   A density transfer or bonus within a development project or between development projects.

B.   Initiation: A complete application shall be submitted to the Office of the Zoning Administrator in a form established by the Administrator, along with any fees established by the City's schedule of fees. The application shall include a copy of the proposed development agreement and any related exhibits.

C.   Procedure: All development agreements, upon proper execution, shall be recorded with the respective County Recorder's Office, shall run with the land, and shall be binding on all successors in the ownership of the affected property. A development agreement shall contain, at a minimum, the following:

1.   A legal description of the land subject to the development agreement.

2.   The restrictions or conditions to be attached to the property including development standards and the provision of public facilities.

3.   The configuration of the project as shown on a project master plan.

4.   A statement of the benefits and value the development agreement will have for the City as a whole, including, but not limited to, assurances of design standards, dedication and improvement of open space, parks, trails, amenities, or infrastructure such as public rights-of-way or utilities.

5.   The time frames for performance by the parties.

6.   A description of the various City approvals required before the commencement of construction and other procedures that will be required after approval of the development agreement.

7.   Provisions for enforcement of the terms and conditions of the development agreement.

8.   Provisions for making amendments to the development agreement.

9.   The time limitation of the agreement.

10.   Such other terms as may be proposed and agreed to between the City and developer or subdivider.

D.   Limitations:

1.    A development agreement under this section may not:

a.    Limit the City’s authority in the future to:

i.    Enact a land use regulation; or

ii.    Take any action allowed under Utah Code Annotated Section 10-8-84, as amended;

b.    Require the City to change the zoning designation of an area of land within the City in the future; or

c.    Contain a term that conflicts with, or is different from, a standard set forth in an existing land use regulation that governs the area subject to the development agreement, unless the city council approves the development agreement in accordance with the same procedures for enacting a land use regulation under Utah Code Annotated Section 10-9a-502, including a review and recommendation from the planning commission and a public hearing.

2.    The City may not require a development agreement as the only option for developing land within the City.

3.   The City may require a development agreement for developing land within the City if the applicant has applied for a legislative or discretionary approval, including an approval relating to:

a.   The height of a structure;

b.   A parking or setback exception;

c.   A density transfer or bonus;

d.   A development incentive;

e.   A zone change; or

f.   An amendment to a prior development agreement.

4.   The City may not require a development agreement as a condition for developing land within the City if:

a.   The development otherwise complies with applicable statute and City ordinances;

b.   The development is an allowed or permitted use; or

c.   The City's land use regulations otherwise establish all applicable standards for development on the land.

5.   The City may submit to the County Recorder's office for recording:

a.   A fully executed agreement; or

b.   A document related to:

(1)   Code enforcement;

(2)   A special assessment area;

(3)   A local historic district boundary; or

(4)   The memorializing of enforcement of an agreed upon restriction, incentive, or covenant.

6.   Subject to 9-5-200D5, the City may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property.

7.   To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by;

a.   Utah Code Annotated 10-9a-530, as amended; and

b.   Applicable land use regulations of this Title.

E.   Expiration: A development agreement shall be signed and notarized by all parties, and recorded in the relevant county recorder's office within one (1) year from the date of City Council approval or it will be void. Prior to the expiration of the one-year period, an applicant may submit a written request with the community development department, for an extension of up to six (6) months. Approval of this extension may only be granted by the City Council provided the applicant can meet the requirements for extension under section 9-5-030 and demonstrate substantial action toward execution of the agreement.

A.   Purpose: This section sets forth procedures for issuing, renewing, transferring and revoking permits for an ADU under the provisions of chapter 31 of this title.

B.   Authority: The zoning administrator is authorized to review and approve applications for an ADU.

C.   Initiation: The owner of record or their agent may request approval of an initial ADU permit to establish an ADU on the owner's property or to amend an existing permit.

D.   Procedure: Applications for approval of an initial ADU permit or to amend an existing ADU shall be reviewed and processed as provided in this section:

1.   A complete application shall be submitted to the office of the zoning administrator in a form established by the zoning administrator along with any fee established by the city's consolidated fee schedule. The application shall include at least the following information:

a.   The name, address and telephone number of the owner of record and the owner of record's agent, if any.

b.   Scaled site plans illustrating:

(1)   Property boundaries and dimensions;

(2)   Layout of existing and proposed buildings and parking; and

(3)   Building setbacks from property lines.

c.   Floor plans of all floors.

d.   For new proposed construction: architectural elevation drawings of all four sides of the structure including details of proposed colors and materials; or

e.   For existing structures: digital photographs of all four sides of the existing building.

f.   A copy of the current sewer bill for the primary dwelling. For properties where the primary dwelling is not connected to sewer, provide evidence of septic system maintenance including pumping records for the previous 12 months or certificate of approval from the respective county health department.

g.   Other information as needed or requested by the zoning administrator to demonstrate that the use conforms to applicable provisions of this title.

2.   After the application is determined to be complete, the zoning administrator shall review the application and approve, approve with conditions, or deny the application pursuant to the standards set forth in subsection 9-5-210(E). As part of the review process the zoning administrator may forward a copy of the application and any related materials to other agencies. Any conditions of approval shall be limited to conditions needed to conform to the approval standards.

3.   After making a decision the zoning administrator shall give the applicant written notice of the decision.

4.   An annual renewal of each ADU permit issued under the applicable provisions of section 9-31-030 and this section shall be required.

a.   The application for the annual renewal shall consist of a signed and notarized affidavit from the owner of record on a form approved by the city attorney attesting to the following:

(1)   The applicant is the current owner of record;

(2)   The applicant continues to occupy the primary dwelling on the property as their primary residence;

(3)   The ADU remains in compliance with applicable ordinances and all conditions under which it was approved;

(4)   That continued use the ADU will comply with all applicable ordinances and the conditions of the initial ADU permit.

b.   When an ADU permit is renewed the zoning administrator shall issue a certificate of renewal inclusive of the next annual date on which the certificate and ADU permit shall expire if not renewed.

5.   ADU permits may be transferred to a new owner of the property.

a.   An application for transfer of an ADU permit shall consist of a signed and notarized affidavit from the new owner on a form approved by the city attorney attesting to the following:

(1)    The applicant is the current owner of record;

(2)   The applicant occupies the primary dwelling on the property as their primary residence;

(3)   The ADU remains in compliance with applicable ordinances and all conditions under which it was approved;

(4)   That continued use the ADU will comply with all applicable ordinances and the conditions of the initial ADU permit.

b.   Before transfer of an ADU permit to a new owner may occur, an inspection of the property by the city for verification of continued compliance with applicable ordinances and conditions of the initial ADU permit shall be required.

c.   When an ADU permit is transferred to a new owner the zoning administrator shall issue a new ADU permit in the name of the new owner inclusive of all conditions of the initial ADU permit.

6.   A record of all ADU permits shall be maintained in the office of the zoning administrator.

E.   Approval Standards: The following standards shall apply to the issuance of an ADU permit. An ADU must:

1.   Be a permitted use in the applicable zone;

2.   Be located on a property that is not restricted or prohibited from having an ADU by any of the provisions within chapter 31 of this title;

3.   Comply with development standards of the applicable zone and chapter 31 of this title;

4.   Comply with applicable regulations of general applicability and regulations for the specific use as set forth in this title;

5.   Comply with applicable provisions of state code;

6.   Comply with any other applicable requirements of this code.

F.   Appeal of Decision: The applicant or an adversely affected party may appeal the zoning administrator's decision to approve or deny an ADU permit in accordance with the provisions of section 9-5-180 of this chapter.

G.   Effect of Approval: Approval of an ADU permit shall authorize the owner of record to establish an ADU on the property or to continued use of an ADU in compliance with the requirements of chapter 31 of this title and subject to any conditions of approval. An owner of record establishing or modifying an ADU shall still be required to obtain any building permit or encroachment permit needed for the construction work and/or inspections necessary to establish the ADU.

H.   Surrender: The holder of an ADU permit may voluntarily obtain the applicable building permit or demolition permit to remove an ADU, restore the property to use as a single-family dwelling, and surrender the ADU permit to the city. A permit holder that wants to keep the kitchen associated with the ADU must comply with the requirements of chapter 30 of this title. Once the restoration to a single-family dwelling is complete the City shall record a notice of release from any notice of accessory dwelling unit previously recorded, and record a separate notice of second kitchen if necessary.

I.   Expiration: An ADU permit that authorizes the construction of an ADU shall expire if a building permit is not issued within one-hundred eighty (180) days of the ADU permit issuance. Individual ADU permits shall expire one (1) year from the date of issue, but can be renewed, transferred, or surrendered under the provisions of this section. The renewal of an ADU permit authorizing the construction of an ADU shall not be approved if the certificate of occupancy for the ADU has not been issued prior to the expiration of the permit, and a new application for the ADU permit shall be required. (Ord. 1499, 9-21-2021)

A.   The city may impose an exaction or exactions on development proposed in a land use application, if:

1.   An essential link exists between a legitimate governmental interest and the exaction; and

2.   The exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

B.   An applicant may request the Community Development Director or designee review an exaction or exactions for compliance with the standards listed in subsection A. The Director or designee will issue a written opinion.

C.   An applicant may appeal the decision in accordance with Draper City Municipal Code 2-4-060. (Ord. 1535, 5-3-2022)