ORDINANCE NO. 1294 AN ORDINANCE AMENDING SECTION 9-11-1 OF THE DRAPER CITY MUNICIPAL CODE AS IT PERTAINS TO THE PERMITTED USES IN THE COMMERCIAL ZONING DISTRICTS WHEREAS, Utah State law grants to Draper City the authority to regulate uses of property by zoning districts; and WHEREAS, it is necessary from time to time to revise certain terms of the Draper City Municipal Code to address provisions that become diminished in appropriateness, applicability, or clarity; and WHEREAS, the Land Use and Development Code of the Draper City Municipal Code has been established to provide regulations concerning general developments within the City Boundaries; and WHEREAS, the City Council of Draper City adopted Land Use and Development Code to guide development within the City Boundaries; and WHEREAS, the City Council of Draper City finds good cause to revise the permitted and conditional uses in commercial zones of Land Use and Development Code; and WHEREAS, notice has been issued according to the requirements of the Utah Code Annotated and Draper City Municipal Code for public hearings before the Planning Commission and City Council to receive public input regarding the revision of the Land Use and Development Code; and WHEREAS, the Planning Commission and City Council have each held a public hearing to receive public input regarding the revision of the Land Use and Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DRAPER CITY, STATE OF UT AH, AS FOLLOWS: Section 1. Findings. In adopting these changes to the DCMC, the City Council finds: a) the proposed amendment is consistent with goals, objectives and policies of the city' s general plan; b) the proposed amendment furthers the specific purpose statements of the zoning ordinance; c) 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) 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 proposed text amendment implements best current, professional practices of urban planning, design, and engineering practices. Section 2. Amendment. Table 9-11-1, as set forth in Exhibit "A" attached hereto, is hereby adopted and incorporated in the regulation and development applications for properties within the City Boundaries. Section 3. Severability. If any section, part or provision of this ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this ordinance, and all sections, parts and provisions of this ordinance shall be severable.
Section 4. Effective Date. This ordinance shall become effective immediately upon publication or posting, or 30 days after final passage, whichever is closer to the date of final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF DRAPE UTAH, TIDS 21st DAY OF NOVEMBER, 2017. ITY, STATE OF DRAPER CITY ATTEST: VOTE TAKEN: YES NO Councilmember Rappleye _d_ Councilmember Stenquist ~ Councilmember Summerhays ~ Councilmember Vawdrey / 2 Councilmember Weeks Mayor Walker
EXHIBIT A REVISED TABLE 9-11-1 TABLE 9-11-1 PERMITTED AND CONDITIONAL USES ALLOWED IN COMMERCIAL ZONES (Except CSD Zones) Uses CN cc CR CG Cl ZONES CBP C01 CO2 0-R Residential Uses Assisted living facilitv C C C C NP C Dwelling, multiplefamily NP NP p Dwelling, singlefamilv NP NP p Home occupations See chapter 34 of this title Residential facility for elderly persons C C C C NP C Residential facility for persons with a C C C C NP C disability Public and Civic Uses Auditorium, maior NP NP C Auditorium, minor NP C C NP NP C NP C NP Bus terminal NP NP C Charter schools Church or place of worship Club or service NP NP p oraanization Cultural service C C C C C C Government service NP NP p Higher education facility, orivate NP C C C C C C C NP Higher education NP C C C C C C C NP facilitv, oublic Hospital NP C p NP NP C NP C NP Private school C C C C C C C C C Protective service Public school Public utility See chapter 36 of this title substation Reception center NP C p C C NP Trade/vocational NP C C C C C C C C school Utilitv, minor Municioal Uses Franchise municipal C C C C C C C C C uses Municipal uses Commercial Uses Auto, truck, RV, and eauipment storaae NP NP C C NP C Bank or financial institution p p C Bed and breakfast C NP C inns Business eauioment NP p NP NP p NP TC DC cs C NP C c1 NP NP C NP C C NP C C NP NP p C C p NP NP C NP NP C NP NP NP NP C p NP p C p NP C C C p NP NP c2 p C p3 NP NP p NP NP
rental and SUPPiies Business service NP p NP p p NP p NP NP Car wash NP C C NP C C Cashing services NP C NP Club, dininq 4 C p p p p NP Club, socia1 4 5 NP C C C C C NP C NP C p NP Commercial vehicle and equipment NP NP C rental or sale Commercial vehicle and equipment NP NP C repair Construction sales NP NP and service C C NP NP Convenience store C C C p p NP cs p NP Daycare, qeneral p p C Farmers' market p NP NP Funeral home C C C C C C C C NP p NP NP Garage, public NP C C C C C C C NP C C C Gas and fuel, storaqe and sales C NP NP Gasoline service C C C NP p7 station NP GroominQ service p C p NP NP C NP NP C Hotel NP C C C C C NP C NP C p NP Kennel NP NP C C NP C c10 NP NP Laundry and dry cleaning, limited C p p NP p NP cs p NP Laundry service C C p NP NP C Media service NP NP p p NP C p NP NP Medical or dental C NP p laboratory Medical service C NP p p NP NP Motel or motor lodqe NP NP C C p C NP C NP NP p NP Nurserv C C p p C C Office, general p p C ParkinQ, commercial NP NP C C C C Personal care service p p NP Personal instruction service p NP-P NP Precious metals and NP C p p NP C Qems dealer Preschool, Qeneral p p C C NP NP Printing and photocopying, C p C p p NP limited Printing, general p NP p p NP NP Recreation and entertainment, NP NP p p p NP indoor Recreation and entertainment, NP C C C NP NP outdoor Recycling collection NP C p p C p C NP NP station Repair service NP NP C NP NP p Research service p NP p Restaurant C p p pa p NP Retail, Qeneral p p C
Secondhand or thrift store, large, with no outside storage and no drop off of items C NP p during hours the business is closed Secondhand or thrift store, large, with outdoor storage or drop off of items during hours the business is closed Secondhand or thrift store, small p NP C Sexually oriented business Tattoo establishment NP C C C NP NP Transportation service C NP C Vehicle rental NP C p p NP NP Vehicle repair, qeneral C NP NP Vehicle repair, limited NP C p Vehicle sale NP C p Veterinary service C C C C NP C Cg NP C Warehouse, selfservice storaqe C NP C NP NP C Wireless telecommunication See chapter 41 of this title facility Manufacturing Uses Manufacturing, limited C NP C Wholesale and warehousinq, limited C NP C Notes: 1. Subject to the provisions of section 9-11-090 of this chapter. 2. Limited to no more than 1 drive-through lane. 3. In existing historic structures only. 4. Subject to the alcohol provisions per title 6, chapter 4 of this Code. 5. Allowed only in combination with a hotel or as part of a restaurant and comprising less than 50 percent of the floor space of the entire facility. 6. Without gasoline sales. 7. Only on the corner of Bangerter Highway. 8. A single drive-through lane allowed subject to issuance of a conditional use permit. 9. With no kennel services. 10. No breeding or outdoor kennels.
Affidavit of Posting SALT LAKE/UTAH COUNTY, STATE OF UTAH I, the City Recorder of Draper City, by my signature below, certify that copies of Ordinance No. 1294 for the City of Draper, which Passed and Adopted by the City Council of Draper City, State of Utah on the 21st day of November, 2017, was posted at the following places: Draper City Electronic Bulletin Board, Draper Fire Station 12300 South, and the Draper Crescent Senior Citizens Center, within the municipality. Posted: November 29, 2017 to December 18, 2017 -~ nner, MMC