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Planning commission backs code edits to align with 2024 state law on development agreements and rear-yard elements
Summary
The commission recommended zoning-code text amendments to implement 2024 state legislation (HB 476), clarifying development-agreement procedures and allowing limited exterior landings, balconies and stairways in rear-yard setbacks that meet building-code requirements.
The Planning Commission voted to forward a positive recommendation to the City Council for city-initiated text amendments that align Draper municipal code with House Bill 476 (2024). Todd Taylor summarized proposed edits to Section 9-5-2100 (development agreements) to incorporate state law provisions for when development agreements can be required or recorded with the County, and changes to Section 9-27-140 to permit certain uncovered exterior landings, balconies and stairways in residential rear-yard setbacks if they meet building and fire-code requirements, are no larger than 32 square feet and project no more than five feet.
Commissioners thanked staff and legal for proactively updating local code to reflect state law. Commissioner Susan moved to recommend approval based on the staff report (08/06/2024); the motion passed. Staff noted the state’s development-agreement language went into effect May 1 and the rear-yard setback provisions take effect Nov. 1, and the city’s code edits are designed to prevent conflicts and clarify procedures going forward.
The recommendation will be forwarded to City Council for final adoption and to ensure Draper’s municipal code reflects state statutory changes.
