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Accessory Dwelling Units (ADUs) are known by many names: granny flats, in-law units, backyard cottages, second units and more. An ADU is a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. The purpose of an ADU is to create an independently habitable dwelling unit that provides shelter, heating, cooking facilities, and sanitation facilities for one family or household.
Draper City allows for two types of ADUs. The first is a Detached ADU (D-ADU). These are separate structures within the rear yards of a lot. The second type is an Internal ADU (I-ADU). These are located within the existing footprint of the primary dwelling on the property, such as a basement apartment. An I-ADU is distinguishable from a duplex in that, it is clearly subordinate to the primary dwelling unit, and can only be created after the primary single-family dwelling has been built.
Graphic courtesy Erin O'Kelley - Millcreek City
The Utah State Legislature modified State Code in 2021 with House Bill 82 requiring cities to allow for I-ADUs within single-family homes. The new law allows cities to enact regulations to address issues like housing availability and affordability while also minimizing potential negative impacts to neighborhoods such as parking needs. The City is requiring a permit in order to verify that each ADU complies with the applicable regulations, and for property owners to be able to provide proof of that compliance to potential tenants and financial lenders.
The City Council adopted Resolution 21-47 granting a grace period from enforcement against illegal ADUs for those who apply for an ADU permit prior to February 1, 2022. This means, that if a permit is applied for prior to February 1, 2022, and the City finds during the review process that the ADU does not comply with code and is prohibited, the property owner will be given up to eight months to remove the ADU without facing City enforcement measures. If the ADU is not removed in that timeframe, the City will take enforcement action against the property owner. For those properties who do not apply for an ADU permit prior to February 1, 2022, no grace period will be offered.
The application form can be found on the Draper City Website at: https://www.draperutah.gov/318/Applications-Permits.
Only one ADU is allowed on a single-family residential property. ADU’s are not allowed on properties that contain a multi-family dwelling, such as a townhouse. D-ADU’s are allowed on residentially zoned properties with at least 12,000 square feet in size. I-ADU’s are generally allowed on residentially zoned properties that are larger than 6,000 square feet in size, and that front onto a public street that complies with the minimum street width standards. The City Council has adopted a map showing the location of those properties where an I-ADU is prohibited.
. Below is a list of some of the regulations on D-ADUs.
Below is a list of some of the regulations on I-ADUs.
The State of Utah has mandated that all cities allow internal accessory dwelling units (I-ADUs) to be created within single family homes no later than October 1, 2021. Prior to October 1, 2021, Draper City ordinances did not permit the creation of an I-ADU. While some legal non-conforming dwelling units may exist, there is a high likelihood that the internal unit in your home was never legal (regardless of what the real estate agent said). One purpose behind the new ADU permit requirement is to research and determine the current legal status of each unit and bring them into compliance with ordinances. It is important that property owners with ADUs apply for the ADU permit, even if they are concerned about the current legal status of their unit. Property owners who submit a complete ADU Permit Application to the City before February 1, 2022 may be eligible for an extended grace period for compliance.
Yes, probably. Your family can live with you whether or not you charge them rent; however, second kitchens in single-family dwellings must remain compliant with the ordinance requirements for second kitchens under which they were established, including requirements that prohibit restricting access between the second kitchen and the remainder of the single-family dwelling. If the second kitchen has been physically separated from the remainder of the home by a locking door or other means, then a second dwelling unit has been created and an ADU permit will be required, or compliance with the requirements for second kitchens in single-family dwellings must be restored.
It depends. As long as the D-ADU was legally established and continues to comply with the ordinance requirements in effect at the time it was established, it may be a non-conforming D-ADU and you could be able to continue renting out both units just as you have in the past. This still requires that you acquire the ADU permit and are compliant with the applicable ordinance requirements of the permit. New D-ADUs created or established on or after October 1, 2021 will require the owner of the property to live in the primary dwelling unit. Owners of properties with D-ADUs that are not in compliance with applicable ordinance requirements for their use will be required to come into compliance or they may face enforcement actions.
The property owner will be required to remove the illegal ADU. For owners that apply before February 1, 2022, they will receive up to an 8 month grace period to restore the primary dwelling back to a single unit. This will allow current tenants in the ADU additional time to move and for the owners to apply for any necessary demolition or building permits necessary to restore the dwelling back to a single unit. For those owners that do not submit an application for an ADU permit prior to February 1, 2022 there will be no extended grace period and they will face immediate enforcement actions which can include fines or liens and will have a much shorter timeframe to come into compliance.
The property owner/ landlord is responsible for complying with all local, State, and federal Laws regarding rental housing. Before renting an ADU you should ask to see a copy of the landlord’s current ADU permit. If your landlord rents an ADU to you that is not legal and the City enforces against them, the landlord may choose to begin eviction proceedings rather than face some of the penalties that may fall on them. If this happens you should consult a competent attorney or legal professional about your specific situation and legal rights.
Most moving and non-moving violations do not require a court appearance. The most common traffic violations that do require a court appearance are speeding in a school zone, no proof of insurance, and driving license violations. All animal control and other city ordinance violations, as well as the majority of criminal charges, do require a court appearance. If you were involved in a criminal action for which you were booked or if a police report was written, you may be summoned to court to answer to the charges. You may contact the court, and the clerks will inform you if your appearance is required.
No. The Court reports moving violations to Utah Driver License Division only. However, many insurance companies do random checks and, for a fee, they can obtain a copy of your driving history from Driver License Division.
Draper Court follows the recommended bail schedule set by the State of Utah. Please contact the court at (801) 576-6540 for bail amount on your specific charge.
Payments are accepted online, by mail or in person. To pay online, click the link below. You will need your citation or case number in order to process your payment. Other payment methods are also accepted by mail, by phone, or in person. When paying by mail, please include a copy of your citation with your payment. Your check or money order should be made payable to Draper Court and mailed to: 1020 E. Pioneer Rd. Draper, UT 84020. If you wish to pay by credit or debit card, please call (801) 576-6321 and the finance staff will assist you. The city accepts VISA, MASTER CARD, AMERICAN EXPRESS or DISCOVER. Draper City does not offer traffic school. If you are interested in keeping points off your driving history or preventing the charges from affecting your insurance, you will need to contact the Draper Court directly at (801) 576-6540. Not all violations will qualify. This is only available for minor traffic violations.
Yes. You must appear before the Judge and make a request to do community service instead of paying a fine. The Court credits $125.00 for each 8-hour workday with Draper City's Public Works Department. Community service is available on Mondays and Wednesdays only. You must call to schedule your community service at least 24 hours prior to the day you want to work. Community service workers must report by 8:00 a.m. and must work 8 hours. Workers may not work partial days. For questions on community service, call 801-576-6540.
Encroachment is using city-owned property in a manner that’s your own – as in landscaping, installing fencing or other structures, or making other improvements to the property. Or, it can include using city property for discarding the stuff you don’t want on your own property – like yard waste, garbage, or other debris.
City property includes trails and open space, conservation easements of various kinds, parks, and miscellaneous properties. You can see maps of various kinds, including interactive, at Draper City’s website here.
Find the full City Code describing encroachment here: Section 15-1-080.
For a quick glance to determine if your property abuts Draper City property, you can find your property and surrounding properties on the Salt Lake County parcel map. The most foolproof way to know where your property ends and city property begins is to have your property professionally surveyed. Please confirm that any of your structures, fences, landscaping, sprinkler lines, or accesses to your property are not on and don’t run through Draper City property.
You can see maps of various kinds, including interactive, at Draper City’s website here. City property includes trails and open space, conservation easements of various kinds, parks, and miscellaneous properties.
No, this is an example of encroachment.
No, this is an example of encroachment.
City property exists in various states and for various reasons. Some open space has been designated as conservation area because of its delicate ecosystem, unique terrain, or any other value it provides to plants, animals, etc. Some spaces that may appear to not be in use are actually used for irrigation, for providing city services, or other reasons that aren’t easily visible. And even further space may have been designated for future use that requires maintenance until the time it becomes further developed. For many reasons, we are required to care for public city property in a way that benefits us all, not a single private property owner.
All reports of encroachment will be investigated thoroughly. If the investigation determines the criteria for encroachment laid out in the City Code (which can be found here) have been met, violations shall be punished as a Class C misdemeanor for a first offense and as a Class B misdemeanor for subsequent offenses.
You may report any code violation to our community development department. Reports can be made anonymously or non-anonymously. A Code Enforcement team member will investigate all complaints and will determine whether further action may be necessary. Use Draper City’s “Report a Problem” feature on our website here.
Please use the Code Violation Anonymous Complaint form here.
Draper City is in the process of inventorying all City-owned property and identifying encroachments. Stay informed by:
Yes, all businesses should have an annual inspection from the fire department. Some can be done with a self-inspection form and others will require an in-person inspection.
To schedule an inspection, please call either our Fire Marshal Don Buckley at 385-557-2806 or our Fire Inspector Steve Chaffin at 385-253-0592.
The State of Utah requires that you have a fire sprinkler inspection annually. The inspection is designed to make sure your system is still functioning as required.
The State of Utah requires that you have a fire alarm inspection annually. The inspection is designed to make sure your system is still functioning as required.
Yes, your kitchen hood requires an inspection by a Utah State certified kitchen hood inspector. As well as your hood, it is required to have the duct work cleaned all the way to the roof or where the duct exits the building. This will need to be done by a Utah State certified hood cleaner. Both of these need to be done a minimum of every six months, or more if deemed necessary.
It’s possible, depending on your business. You can contact our Draper Fire Marshal Don Buckley at 385-557-2806 for more information. We have a HAZMAT packet that may assist you in deciding if your type of business may need a permit.
As of our last ISO evaluation in 2018, we are proud to report we have an ISO rating of 2.
Class “C” fireworks can be sold the following dates: June 24 – July 25; December 29 – December 31; two days before and on Chinese New Year’s Eve.
A special, temporary license is required to sell fireworks. You may find the application for the permit here.
Please visit our Fireworks/Fire Prevention page for current information about fireworks restrictions in Draper.
Residents in non-prohibited areas may discharge fireworks between the hours of 11 am and 11 pm except as noted:
July 2 – July 5 (July 4 hours extended to midnight)
July 22 – 25 (July 24 hours extended to midnight)
December 31* (11 am – 1 am January 1)
Chinese New Year’s Eve (11 am – 1 am the following day)
*If New Year’s Eve is on a Sunday and the local governmental jurisdiction determines to celebrate New Year’s Eve on the prior Saturday (Dec 30), then it is lawful to discharge Class C common state-approved explosives on that prior Saturday.
Please note: Class C fireworks are not allowed during Draper Days events in July.
Chinese Lanterns, also known as Khoom Fay, Paper Lanterns, or Sky Lanterns, are floating lanterns made from flammable materials that are lit like candles. They emit a stunning glow, stay lit for up to 20 minutes, and can travel several miles. While beautiful and exciting, these lanterns create an extreme fire hazard and are prohibited in any part of Draper City. These lanterns create an extreme fire hazard. View the Chinese Lantern Information Sheet here.
Tethered Chinese Lanterns are also prohibited in any part of Draper City. Though they remain in one spot, the fire hazard they create in our beautiful foothills is real and dangerous.
The fire code allows residents to have small recreational fires at their residences. The “fuel area” (fire pit) may not exceed 3 feet in diameter by 2 feet in height. Burning is limited to dry, clean, natural materials; no garbage, plastics, rubber, oils, or construction waste.
First verify that it is a “green” burn day by checking the air quality forecast by going to air.utah.gov, or by downloading the UtahAir app from the Android or iOS store.
Keep open fires 25 feet away from structures or combustible materials. Fires contained in improved barbecue pits or portable outdoor fireplaces require a minimum of 15 feet of clearance. LP or natural gas fire pits or grills require 10 feet of clearance.
Have a method of extinguishment readily available. Keep a garden hose or bucket of water nearby.
Fires must be constantly attended until fully extinguished.
“Offensive, Objectionable, or Nuisance” fires are no longer required to be extinguished unless the fire is causing a hazardous situation. If all burning requirements are met and the fire is not causing a hazardous situation, the fire department does not have the authority to extinguish the fire.
Air.Utah.gov has some great online resources for knowing when it’s safe to burn, and when it will negatively impact the air we breathe. Check out https://air.utah.gov/ for hourly updates on air quality and the resultant permissions or restrictions on burning wood in your fireplace or woodstove, or burning for any purpose.
There’s also an app for that: You may download the UtahAir app from the Android or iOS store.
Residential burning of clean yard waste, grass clippings, weeds, tree trimmings, and other material is not allowed in Salt Lake County or in Draper City.
Draper City is unique in that it straddles the border between Salt Lake and Utah counties, with parts of our fair town falling into each county’s jurisdiction. Since more of Draper’s acreage is in Salt Lake County than Utah County, we defer to Salt Lake County’s guidelines for burn and other prohibitions.
The burning of leaves is considered open burning, which falls under the same requirements as burning of clean yard waste, grass clippings, weeds, tree trimmings, and other material. It is not allowed in Salt Lake County or in Draper City.
Remember that recreational fires are allowed, within strict guidelines (see above). “Offensive, Objectionable, or Nuisance” fires are not required to be extinguished unless the fire is causing a hazardous situation. If all burning requirements are met and the fire is not causing a hazardous situation, the fire department does not have the authority to extinguish the fire.
However, if the fire is non-recreational and is against code, i.e. burning of clean yard waste, grass clippings, weeds, tree trimmings, leaves and other material, then it is not allowed in Salt Lake County or in Draper City. Please report this type of burning to Draper Fire by calling 801-576-6500 or by calling 911.
This type of violation falls under the jurisdiction of our city code enforcement division. A Code Enforcement Complaint covers signs, weeds, and trash. To report a code violation, please use one of the following online forms:
If your detectors are older than 10 years then you should change their batteries every 6 months. A great tutorial on how to do that can be found here, or you may search online for other resources related to your specific device.
If you have a smoke detector manufactured after 2010, then those batteries are built to last for a decade. Once the 10 years is up, you should replace the entire detector. You can easily search online for videos and instructions for your specific device, like the Kidde Sealed Lithium Battery Power Smoke Alarm i9010 here. Make sure to search for your specific device and model number and follow the instructions provided.
Draper Fire is here to serve the community in every way possible, but our first and foremost priority is having enough staff on call at all times to handle fire-related crises and emergencies that can arise in an instant. Most smoke detector battery changing situations are straightforward enough for a resident to handle on their own. However, if you have special needs, or your residence has special circumstances, that prevent you from being able to take care of this important matter yourself, we are happy to assist whenever organization and community needs allow. Please call 385-557-2805 for further assistance.
Although some extinguishers can be recharged, this is dangerous without the right training. Hire a trained professional to make sure your extinguisher is safe and gets recharged with the correct chemical extinguishing agent. If the extinguisher has a metal head and metal neck it is refillable by a Utah State Certified Fire Extinguisher Company. If it has a plastic head it is not refillable, and you should purchase a new one.
Check your favorite search engine for Utah State Certified Fire Extinguisher Companies. A single recharge typically costs between $15 and $25. Depending on the size and original cost of your extinguisher, a recharge may be more budget-friendly than buying a new extinguisher.
We offer many public education programs, including First Aid Training (CPR/AED Classes, Push To Survive, Basic First Aid). We also offer Fire Extinguisher Classes and Community Emergency Response Team (CERT) classes.
There are many reasons children may experiment with fire, and they are all of concern to those in the fire service. Often children (as well as adults) are unable to make proper choices to remain safe around fire. If a child you care about has played with matches, lighters, fireworks, candles, has set a fire or has shown a curiosity of fire that worries you, please contact us about our Youth Firesetter Intervention Program. You can reach out to our Fire Prevention Office at 385-557-2806 and be put in touch with our Youth Firesetter Coordinator.
Chinese Lanterns, also known as Khoom Fay, Paper Lanterns, or Sky Lanterns, are floating lanterns made from flammable materials that are lit like candles. They emit a stunning glow, stay lit for up to 20 minutes, and can travel several miles. While beautiful and exciting, these lanterns create an extreme fire hazard and are prohibited in any part of Draper City. View the Chinese Lantern Information Sheet here.
To protect lives and property, the use of fireworks in prohibited areas will be strictly enforced. In general, fireworks are NOT allowed south of 138th South, east of 1300 East and west of I-15. Fireworks are NOT allowed in the Suncrest area. Fireworks are NOT allowed in all Draper City Parks per City Code Section 15-1-050 (g): “Possession and Use of Firearms, Dangerous Weapons, or Fireworks. It shall be unlawful for any person to carry or discharge any firearm or explosive of any kind including fireworks at a recreation facility excepting law enforcement officers and those who are allowed by state code or have received written consent to do so from the Manager.”
Sparklers are allowed in all areas of Draper, however residents are asked to use precaution in dry, grassy areas. Always have a bucket of water nearby to douse the hot sparklers.
Residents in non-prohibited areas may discharge fireworks between the hours of 11 am and 11 pm except as noted. Please visit our Fireworks/Fire Prevention page for information on current restrictions.
Please note: Class C fireworks are not allowed during Draper Days events in July. (Draper Days did not take place in 2020 due to COVID-19.)
To protect lives and property, the use of fireworks in prohibited areas will be strictly enforced.
Please visit our Fireworks/Fire Prevention page for current information on fireworks restrictions in Draper.