Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is mandatory and the term "may" is permissive. The following terms as used in this title shall have the respective meanings hereinafter set forth:
ABUT OR ABUTTING: | See definition of abut or abutting in 9-3-040. |
ACCESS POINT: | A two-way roadway access into a subdivision or development that provides unrestricted access to residents, the public, and emergency services. This definition does not prohibit a gated community entrance that is designed to service residents, guests, and the general public. |
ALLEY: | A public thoroughfare less than twenty six feet (26') wide for the use of pedestrians and vehicles providing a secondary means of access to the rear of abutting properties. |
APPLICANT: | The owner of land proposed to be subdivided or such owner's duly authorized agent. Any agent must have written authorization from the owner. |
BLOCK: | Land surrounded by streets and other rights of way other than an alley, or land which is designated as a block on any recorded subdivision plat. |
BOND AGREEMENT: | An agreement to install improvements secured by a standby irrevocable letter of credit, or an escrow agreement with funds on deposit in a federally insured bank in an amount corresponding to the city engineer's estimate. All bonds shall be on forms approved by the city council wherever a bond is required pursuant to this title. |
BUILDING, COMMERCIAL: | Any structure used or intended for supporting or sheltering any commercial use or occupancy. |
BUILDING, RESIDENTIAL: | Building shall mean any one- and two- family dwelling or portion thereof, including townhouses, that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include accessory structures thereto. |
CAPITAL PROJECT: | An organized undertaking which provides, or is intended to provide, the city with a capital asset. "Capital asset" is defined according to generally accepted accounting principles. |
CITY: | Draper City, Utah, a municipal corporation. |
CITY COUNCIL: | The city council of Draper City. |
COLLECTOR STREET: | See definition of Street, Major Collector or Street, Minor Collector. |
COMMUNITY DEVELOPMENT DEPARTMENT: | That department of the city authorized by the city to oversee the zoning administrator and the building official, and to carry out the general land use and development goals and policies of Draper City. |
COMMUNITY DEVELOPMENT DIRECTOR: | The individual appointed by the city council to oversee the administration and functions of the community development department, and/or his/her designee. |
CONCEPT PLAN: | A sketch or concept drawingsubmitted prior to the preliminary plat application to enable the potential subdivider to receive guidance from the Development Review Committee in a pre-application meeting as to the requirements for subdivisions within the city. |
CONDOMINIUM: | Property conforming to the definition set forth in Utah Code Annotated section 57-8-1 et seq., as amended. A condominium is also a "subdivision" subject to these regulations and the condominium ownership act of the state of Utah. |
CONSOLIDATED FEE SCHEDULE: | The schedule or any appendix of fees adopted periodically by resolution of the city council setting forth various fees charged by the city. |
CROSS ACCESS: | See definition of cross access in 9-3-040. |
CUL-DE-SAC: | See definition of Street, Cul-De-Sac. |
DEVELOPER: | As the case may be, either: a) an applicant for subdivision approval; b) an applicant for a building permit or another permit issued; or c) the owner of any right, title, or interest in real property for which subdivision approval or site plan approval is sought. |
DEVELOPMENT ACTIVITY: | A. Any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; |
B. Any change in use of a building or structure that creates additional demand and need for public facilities; or | |
C. Any change in the use of land that creates additional demand and need for public facilities. | |
DEVELOPMENT REVIEW COMMITTEE: | See Development Review Committee in Section 9-4-080 of this Code. |
DWELLING UNIT: | One or more rooms in a dwelling designed for or occupied as separate living quarters which provide sleeping and sanitary facilities and which includes one kitchen, but may include not more than two (2) kitchens, where all rooms are for exclusive use by a single family maintaining |
a household in the dwelling unit and in accordance with title 9, chapter 30 of this Code (Zoning Ordinance). | |
EASEMENT: | A present or future right of use under, on, or above the surface of property by a person or agency other than the legal owner of the property. |
FAMILY: | See definition of family in Section 9-3-040 of this code. |
FLOOD, 100-YEAR: | A flood having a one percent (1%) chance of being equaled or exceeded in any given year. |
FLOOD, 10-YEAR: | A flood having a ten percent (10%) chance of being equaled or exceeded in any given year. |
FLOODPLAIN: | Land that: A. Is within the 100-year special flood hazard area designated by the Federal Emergency Management Agency; or B. Has not been studied or designated by the Federal Emergency Management Agency, but presents a likelihood of experiencing chronic flooding or a catastrophic flood event from any flood source. |
GENERAL PLAN: | The comprehensive, long range general plan for proposed future development of land in the City, as provided in Utah Code Annotated section 10-9a-401 et seq., as amended. |
HALF STREETS: | See definition of street, half. |
LOT: | A tract of land, regardless of any label, that is created by and shown on a final subdivision plat that has been recorded in the office of the county recorder. |
LOT, CORNER: | A lot or parcel abutting two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). Corner lots shall have two (2) front yards and two (2) rear yards. |
LOT, DOUBLE FRONTAGE OR DOUBLE FRONTAGE LOT: | A lot or parcel abutting two (2) parallel or approximately parallel streets. |
LOT, FLAG OR FLAG LOT: | A lot or parcel located to the rear of another lot or parcel, the main body of which does not front on a street and is accessed by a narrow corridor. |
MASTER TRAFFIC AND TRANSPORTATION PLAN: | That portion of the general plan which defines the future alignments of streets and their rights-of-way, including maps or reports or both, which have been approved by the Planning Commission and City Council as provided in Utah Code Annotated section 10-9a-401 et seq., as amended. |
MIXED USE: | See definition of mixed use in 9-3-040. |
NATURAL DRAINAGE COURSE: | Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels. |
OWNER: | Any person who alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property. |
PARK: | A playground or other area or open space providing opportunities for active or passive recreational or leisure activities. |
PARK STRIP: | See definition of park strip found in section 9-3-040 of this code. |
PERSON: | An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the foregoing. |
PLANNING COMMISSION: | The planning commission of Draper City, Utah. The planning commission acts as the administrative land use authority for preliminary subdivision plats. |
PLAT, FINAL: | The final drawing of a subdivision and dedication prepared for filing with the county recorder which complies with applicable requirements set forth in this title and other titles of this code and provisions adopted pursuant thereto. Such plat shall also be in conformity with Utah Code Annotated sections 10-9a-603, 17-23-17, or 57-8-13 et seq., as amended. |
PLAT, PRELIMINARY: | The initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this title. |
PROTECTION STRIP: | A strip of land running parallel and adjacent to a public street and the abutting private property, created for the purpose of controlling the access of property owners abutting the street until such time as the adjacent owners share in the cost of infrastructure improvements. |
PUBLIC IMPROVEMENTS: | Streets, curb, gutter, sidewalk, water and sewer lines, storm sewers, flood control facilities and other similar facilities which are required to be dedicated to the city in connection with subdivision, conditional use, or site plan approval. |
PUBLIC RIGHT OF WAY: | Any road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right of way. |
SECONDARY ACCESS ENTRANCE: | See definition of Access Point. |
SECONDARY WATER SYSTEM: | Any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers and other nonculinary uses. |
SIDEWALK: | A passageway or pathways for pedestrians, excluding motor vehicles. |
STREET, ARTERIAL: | A street, existing or proposed, which serves or is intended to serve as a major trafficway and is designated in the master transportation plan as a controlled access highway, major street parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan. |
STREET, CUL-DE- SAC: | A minor terminal street provided with a turnaround. |
STREET, DEAD END: | An improved street or subsystem of streets with only one point of connection to the overall street system. |
STREET, FREEWAY: | A street with a fully controlled access designed to link major destination points. A freeway is designed for high speed traffic with a minimum of four (4) travel lanes, and is owned by the state of Utah. |
STREET, HALF: | The portion of a street within a subdivision comprising at least one-half (1/2) of the minimum required right-of- way on which improvements are constructed and in accord with one-half (1/2) of an approved typical street section. |
STREET, LOCAL: | A minor street which provides access to abutting properties and protection from through traffic. |
STREET, MAJOR COLLECTOR: | A street, existing or proposed, which is the main means of access to the major street system. |
STREET, MINOR COLLECTOR: | A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood. |
STREET, PRIVATE: | A right-of-way which has been reserved by dedication unto the subdivider, lot owners, or homeowners' association to be used as a private access to serve property and complying with the adopted street cross section standards of the City. All private streets shall be approved by the City and maintained by the subdivider or other private entity. |
STREET, PUBLIC: | A right-of-way which has been dedicated to the City and accepted by the City Council, or which the City has acquired by prescriptive right, deed or by dedication, or a thoroughfare which has been made public by use and which affords access to abutting property, including highways, roads, lanes, avenues and boulevards. |
STREET, STUB: | A street ending extended up to an abutting property that is intended to be extended through the abutting property and/or provide cross access in the future. |
STREET TREE: | |
SUBDIVIDER: | Any person who undertakes to create a subdivision. |
SUBDIVISION: | |
SUBDIVISION, MINOR: | A subdivision of ten (10) or fewer lots which meets the requirements of this title for minor subdivisions. |
TRAIL: | A path, hard or soft surfaced, intended for public use for recreation and/or alternative transportation methods, and which may provide access to City, State, or Federal open lands or recreation areas. |
UTILITIES: | Includes culinary water lines, pressure and gravity irrigation lines, sanitary sewer, and flood control facilities, electric power, natural gas, cable television and telephone transmission lines, underground conduits and junction boxes. |
WATER AND SEWER IMPROVEMENT DISTRICT: | Any water or sewer improvement districts existing or hereinafter organized which have jurisdiction over the land proposed for a subdivision. |
WATER CONVEYANCE FACILITY: | A ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. This definition does not include a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility. |
ZONING ADMINISTRATOR: | The person appointed by the City Manager to perform the duties and responsibilities of Zoning Administrator, as defined by the City Zoning Ordinance (Title 9). |
ZONING ORDINANCE: | The Draper City Planning and Zoning Ordinance as presently adopted and as amended hereafter by the City Council, and also referred to as title 9 of this Code. (Ord. 480, 12-3-2002, eff. 1-1-2003; amd. Ord. 661, 1-3-2006; Ord. 1132, 2-17-2015; Ord. 1206, 5-17-2016; Ord. 1395, 7-2-2019, eff. retroactive to 5-9-2019; Ord. 1408, 10-15-2019; Ord. 1454, 11-10-2020; Ord. 1488, 5-4-2021; Ord. 1535, 5-3-2022; Ord. 1583, 6-20-2023; Ord. 1601, 1-16-2024) |