This Title shall be known as the zoning ordinance of Layton and may be so cited and pleaded.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The provisions of this Chapter are general in nature and as applied affect the entire Title.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

This Title is designed and enacted in accordance with a General Plan to designate, regulate, and restrict the erection, construction, reconstruction, alteration, location, and uses of buildings and the uses of land for business, industry, residence, recreation, public activities, or other purposes; to regulate and restrict the height, number of stories, size, and bulk of buildings and other structures hereafter erected or altered; to regulate and restrict the height, bulk, and location of objects of natural growth where such objects are deemed to be hazardous to life or property; to regulate and determine the size of lots, courts, yards, and other open spaces and the percentage of the lot that may be occupied; and to regulate the density and distribution of population, and for these purposes to divide the municipality into zoning districts of such number, shape, or area as may be deemed best suited to carry out these regulations and provide for their enforcement.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The purpose of this Title, and for which reason it is deemed necessary, and for which it is designed and enacted, is to preserve and promote the health, safety, morals, convenience, order, and the general welfare of the City, and its present and future inhabitants, and the public generally and in particular to:

1. Encourage and facilitate the orderly growth and expansion of the City;
2. Secure economy in governmental expenditures;
3. Provide adequate light, air, and privacy to meet the ordinary or common requirements of happy, convenient, and comfortable living of the municipality's inhabitants, and to foster a wholesome social environment;
4. Enhance the economic well-being of the municipality and its inhabitants;
5. Facilitate adequate provisions for transportation, water, sewerage, schools, parks, recreation and other public requirements;
6. Prevent the overcrowding of land and the undue concentration of population;
7. Stabilize and conserve property values;
8. Encourage the development of an attractive and beautiful community; and
9. Promote the development of Layton City in accordance with the Layton City General Plan.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

In accordance with the laws of the State of Utah, the provisions of this Title shall not apply to the properties owned by the State of Utah, or the United States Government; however, any person, firm, or corporation who may obtain such properties by purchase, lease, or other arrangement with the State of Utah shall utilize such properties in accordance with regulations as set forth in the Utah Code Annotated.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Wherever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance, or regulation than are established by the provisions of this Title, the provisions of such other statute, ordinance, or regulation shall govern.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

This Title shall not nullify the more restrictive provisions of private covenants and agreements entered into between private persons but shall prevail notwithstanding such provisions which are less restrictive. Enforcement of private covenants and agreements is affected only by the parties in interest and the responsibility therefor shall not be assumed by the municipality or its agents.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

All property hereafter annexed to the City shall be classified in zone A and all of the zone regulations shall apply thereto until such time that a public hearing is held to consider a change in classification thereof. Such hearing and classification shall be considered in the same manner as set forth in Chapter 19.17 pertaining to the amendment of this Title.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The municipality is divided into zoning districts as shown on the map entitled, "Official Zoning District Map of Layton, Utah", which Map and boundaries, notations, references, and other information shown thereon shall be as much a part of this Title as if the information and matters set forth by the Map were all fully described herein.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The uses and regulations which apply to each zoning district are established in accordance with a General Plan designed for the same purposes for which this Title is enacted. The requirements set forth herein are declared to be the minimums which are necessary to accomplish the purposes of this Title.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The use of all real property within the corporate limits of the municipality shall be limited and restricted as follows:

1. No land shall be used or occupied except as specifically permitted in the regulations for the zoning district in which it is located;
2. No land shall be used or occupied for use which is permitted only as an accessory use to an established main use before such main use is actually established or where an established main use of the land has ceased;
3. No building or structure shall be designed, erected, altered, used, or occupied for use except for uses specifically permitted on the lot upon which the building or structure is located or erected as stated in the regulations for the zoning district in which the lot is located; and
4. No building or structure shall be erected, used, or occupied for a use which is permitted only for purposes accessory to an established main use or main building before such building has actually been located, erected, or use established, and has been placed into operation; provided that any such accessory use building or structure may be erected after construction of the main building or use has commenced and during the construction of the main building; and no existing accessory use building may be continued to be used after the operation of the main building or use has ceased.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

This Title, including the attached map or maps and any amendments to this Title, shall be deemed a continuation of previous Codes and not a new enactment. Determinations regarding questions of conforming and nonconforming uses, buildings, and structures, and to questions as to the dates upon which such uses, buildings, or structures became conforming or nonconforming, shall be made independently with reference to the status of the use, building, or structure and the applicable dates of enactment of the regulation creating said status.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

All departments, officials, and public employees of the City of Layton which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this Title, and any such permit or license, if issued in conflict with the provisions of this Title, shall be null and void.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The following chart designates the Land Use Authority for land use approvals.

HISTORY

Ord. No. 17-13, Enacted, 6/15/2017

Ord. No. 24-03, Amended 1/18/2024

Ongoing ordinance history can be viewed by clicking the gavel in the top right corner.

Determination as to the classification of uses not specifically listed in this Title, shall be made by the Zoning Administrator and shall be subject to appeal to the Land Use Appeal Authority as set forth in Chapter 19.18 of this Code. The procedure shall be as follows:

1. A written request for such a determination shall be filed with the Zoning Administrator. The request shall include a detailed description of the proposed use and such other information as may be required.
2. The Zoning Administrator shall thereupon make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this Title, and shall make a determination of its classification based on these investigations.
3. The determination of the Zoning Administrator shall be rendered in writing within a reasonable time. The determination shall state the zone classification in which the proposed use will be conditional or permitted, as well as the findings which established that such use is of the same or similar character as uses permitted in that zone classification. Upon making this decision, the Zoning Administrator shall notify the applicant in writing of the decision.
4. The determination and all information pertaining thereto shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record in the office of the Community and Economic Development Department. Such use shall become a permitted or conditional use in the class of district specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations or the zone classification.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

1. Zoning review for building permits and business licenses. All applications for building permits shall be submitted to the Community and Economic Development Department for zoning review. Such review shall assure compliance with the requirements of this Code. The application for a building permit shall be accompanied by a plot plan showing lot lines and dimensions, locations of structures and improvements, building elevations, and all data necessary to insure provisions of this Code are met. The Community and Economic Development Department shall not issue any building permit until approved by the Community and Economic Development Director.
2. Site plan and architectural review. The Community and Economic Development Department shall receive all applications for site plan review, as provided for in Chapter 19.13. The Community and Economic Development Department shall receive all submittals, assure completeness, and prepare submittal for review by the appropriate reviewing body.
3. Conditional use permit. Applications for a conditional use permit shall be submitted to the Community and Economic Development Department as provided for in Chapter 19.14. The Community and Economic Development Director shall assure completeness and prepare submittal for review and action by the Land Use Authority as defined in Section 19.01.135. Permits approved by the Land Use Authority shall be issued by the Community and Economic Development Director.
4. Zoning amendments. Requests for amendments or changes to the zoning ordinance or Zoning District Map shall be initiated with the Community and Economic Development Director. The amendment process shall proceed as provided for in Chapter 19.17.
5. Home occupation permit. An application for a home occupation permit shall be presented for review and approval to the Community and Economic Development Director. Upon such approval, the Community and Economic Development Director is authorized to issue a permit, as described in Chapter 19.06.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

A fee for reviews, certificates, and permits shall be charged as set forth in the City's Consolidated Fee Schedule. No such fee, or any part thereof, shall be returnable in the event that the permit or approval applied for is denied. However, a portion may be refunded if the permit is withdrawn.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Unless a longer time is specifically set forth at the time of issuance of the permit, or unless an extension is granted, in writing, upon a showing of good cause, by the issuing agency prior to expiration, each permit issued, as set forth in this ordinance, shall expire 180 days from the date of issuance. Further, if no significant work or construction occurs during any 180 day period following the issuance of any permit, said permit shall expire.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Failure to comply fully with the terms of any permits, certificates, or approvals shall be grounds for cancellation of such. Action to cancel any permits, certificates, or approvals may be taken by the City official, Board, Commission, Council, or agency which issued it. Notice of said cancellation shall be mailed to the permittee at the address provided on the application. Such mailing constitutes proper notice of any such action.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Upon issuance of any special certificate or approval, as provided in Section 19.01.140, the developer, operator, or other recipient of said certificate or approval, shall proceed only in accordance with the terms of such permit or certificate including any requirements or conditions established as a condition of the issuance of such certificates or approval of plans. No building permit required in connection with such proposed development of operation shall be issued until all permits, reviews, or approval required by this Title have been secured. Except as specifically provided herein, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other review or approval required in the particular case.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Hearing procedures for zoning ordinance amendments are described in Chapter 19.17, Ordinance and Map Amendments, of this Title and in the Utah Code. Hearing procedures for appeals from administration or enforcement of this Title are set forth in Chapter 19.18, Appeal Authority.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

All departments, officials, and public employees of the City of Layton which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this Title, and any such permit or license, if issued in conflict with the provisions of this Title, shall be null and void.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

1. Any board, commission, committee, administrative officer, or other employee of the City, or any other person having jurisdiction over or responsibility for the development of, or the carrying out of plans or other matters relating to the physical development of the City, shall first refer such matters to the Land Use Authority and receive its recommendation thereon before taking any action pertaining thereto.
2. The following matters shall be referred to the Land Use Authority:
3. The use and zoning of land for private or public purposes;
4. Location, widening, narrowing, abandonment, extension, or relocation of proposed or existing streets;
5. The location of public buildings, parks, or other open spaces;
6. The location and extent of public or private utilities;
7. The subdivision of land; and
8. All other matters pertaining to the physical development of the City, except those matters specifically regulated by provisions of the Uniform Building Code.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

The Land use Authority as defined in Section 19.01.135, upon recommendation of the Planning Commission, is hereby authorized to enter into development agreements with individuals and/or entities. The Land Use Authority may require a development agreement for any annexation application, rezone application, development, rehabilitation, reconstruction, or placement of improvement upon any property, for which a permit would be required, for the purpose of:

1. Protecting the health, welfare, and safety of the citizenry;
2. Addressing proposed projects, and the impacts of such projects, which may not have been contemplated by the Code;
3. Addressing issues of the density of developments when required to balance competing interest;
4. Refining uses within the development in furtherance of the General Plan when considering neighboring properties;
5. Resolving issues regarding unique features or challenges confronting development;
6. Protecting sensitive lands;
7. Protecting public properties and interests, both tangible and intangible;
8. Clarifying the application of Code requirements or City standards;
9. Ensuring adherence to the overall intent of the City Code; and
10. For any other purpose consistent herewith; or,
11. When mutually agreed upon with the developer.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 00-54, Enacted, 4/19/2001

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

Any person, firm, or corporation, whether as principal, agent, or employee, who violates or causes the violation of any of the provisions of this Title, shall be guilty of a class C misdemeanor and upon conviction thereof, shall be punished as provided by law.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

The City Engineer, or a designee of the City Engineer, is hereby authorized to draft, approve, adopt, and interpret a set of Development Guidelines and Design Standards for development activity approvals in Layton City. Such guidelines and standards may be amended from time to time as determined necessary by the City Engineer. The standards and guidelines shall be based upon reasonable engineering standards and practices. Any appeal from a guideline or design standard imposed by the City Engineer, shall be made to the City Manager, pursuant to Section 19.18.040 of the Layton Municipal Code.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 01-08, Enacted, 6/7/2001

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017