Layton City City Zoning Code

19.14 Conditional

Uses

19.14.010 Purpose

To allow the proper integration into Layton or uses, which may be suitable only in certain locations in the City, and only if such uses are designed or laid out on the site in a particular manner.

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

19.14.020 Conditional Use Permit

A conditional use permit shall be required for all uses listed as conditional uses in the zoning district regulations or elsewhere in this Title. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit.

Application. A conditional use permit shall be made by the property owner or certified agent thereof to the Community and Economic Development Department. The Development Staff review of a conditional use application shall comply with the process and criteria outlined in 19.03 of the Layton City Municipal Code as well as the requirements listed therein.
Considerations of conditional use procedure. The application shall be accompanied by maps, drawings, or other documents sufficient to meet the requirements of a site plan review (see Chapter 19.13), for those conditional uses which require such a review, and sufficient to demonstrate that the general and specific requirements of this Title will be met by the construction and operation of the proposed building, structure, or use. In considering an application for a conditional use permit, the Land Use Authority as defined in Section 19.01.135 shall give due regard to the nature and condition of adjacent uses and structures.
A conditional use shall be approved if reasonable conditions are proposed or can be imposed, to mitigate the reasonable anticipated detrimental effects of the proposed use in accordance with applicable standards.
If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, then the conditional use may be denied.

The granting of a conditional use permit shall not exempt the application from other relevant provisions of this or other ordinances of the City of Layton.

Fee. The application for any conditional use permit shall be accompanied by the appropriate fee as authorized in the City’s Consolidated Fee Schedule.

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

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

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

19.14.030 Notification Of A Conditional Use

At least 10 days prior to the Land Use Authority meeting during which the conditional use will be considered a Notice Sign shall be posted a minimum of one sign on each street frontage of the subject property stating the proposed conditional use, and the date, time and location of the Land Use Authority meeting in which the conditional use will be considered. The applicant shall be notified of the date, time and location of the public meeting and of any final action on a pending application.

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

Ord. No. 20-20, Amended, 6/18/2020

19.14.040 Appeals Of Decision

Any person shall have the right to appeal the decision of the Land Use Authority to the Land Use Appeal Authority. Such appeal shall be applied for within 30 days from the date of the decision of the Land Use Authority. Upon receipt of such appeal, the Land Use Appeal Authority shall respond within 45 days. Failure by the Land Use Appeal Authority to respond shall be deemed to be an approval of the appeal.

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

19.14.050 Inspection

Following the issuance of a conditional use permit by the Land Use Authority, the application for a building permit or certificate of occupancy may be approved in compliance with the conditional use permit.

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

19.14.060 Time Limit

Unless the uses and conditions prescribed in a conditional use permit are implemented within a maximum period of one year of its issuance, the conditional use permit shall expire. The Zoning Administrator may grant a maximum extension of six months under exceptional circumstances. If the conditional use permit expires, a reapplication shall not be submitted for the same purpose for a minimum period of 12 months.

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

19.14.070 Temporary; Conditional Uses

A conditional use permit for temporary business buildings may be issued by the Land Use Authority only as indicated in Subsection (1) below. The conditional use permit shall be valid for a period of one year or as further qualified in Subsection (1) below. The Zoning Administrator may grant a maximum of two extensions of six months each to the conditional use permit so long as all other provisions of this Section are complied with and any associated building permit remains valid.

Temporary business buildings in any zoning district that are used during construction of the permanent structure may be allowed if granted a conditional use by the Land Use Authority, and if the following conditions have been met:
The building permit for the permanent structure has been issued.
Temporary structures must be completely skirted.
Temporary structures shall comply with the setbacks for the zoning district.
Temporary structures must be located outside of all clear view areas as defined in Section 19.16.080.
The temporary structure will be removed from the premises within 14 days of occupancy of the permanent structure.
In the case of temporary sales offices in residential zoning districts the sales office must be removed 14 days after occupancy of the model home or six months after approval for the temporary sales office if the model home is not completed.

HISTORY

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

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

Ord. No. 97-73, Amended, 11/20/1997

Ord. No. 99-18, Amended, 3/18/1999

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

Ord. No. 11-09, Amended, 3/17/2011

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

19.14.075 Revocation Of Conditional Use Permit

A conditional use permit may be revoked by the Land use Authority upon failure of compliance with the conditions precedent to the original approval of the permit or for any violation of this Title occurring on the site for which the conditional use permit was approved. Prior to the revocation of a conditional use permit, the Land Use Authority shall convene a meeting. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee at least ten days prior to the meeting. An appeal of the decision to revoke a conditional use permit shall be filed, in writing, with the Land Use Appeal Authority within 30 days from the date of revocation.

HISTORY

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

19.14.080 Determination And Considerations

The Land Use Authority may allow a conditional use to be located in any zoning district in which the particular use is allowed as a conditional use by this Title. In authorizing any conditional use, the Land Use Authority shall impose such requirements and conditions to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with the applicable standards provided in this Chapter or elsewhere in this Title necessary for the protection of adjacent properties and the public welfare. An applicant for the conditional use shall establish that the proposed use:

At the specified location, is in harmony with the general intent and purpose of the Layton City General Plan and the applicable zoning district regulations;
Is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood;
Such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and
Conditions imposed by the Land Use Authority shall be based upon options described in this Chapter or any special conditions or requirements as may be specified elsewhere in 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

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

19.14.090 Standards For Conditions

Applicants for conditional use permits shall meet all specific requirements made in this Title. In addition, the Land Use Authority may establish reasonable conditions as outlined herein to mitigate the reasonable anticipated detrimental effects of the proposed use. More specifically, the Land Use Authority may require:

Conditions relating to compliance with the intent of the comprehensive plan and characteristics of the zoning district.
The placement of conditional uses only in specific areas of a zoning district, e.g., along an arterial or collector street.
The removal of structures, debris, or plant materials incompatible with the desired characteristics of the zoning district.
The screening of yards or other areas as protection from obnoxious land uses and activities.
Landscaping to insure compatibility with the intended neighboring land uses.
Limitations or controls on the location, height, and materials of walls, fences, hedges, and screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
The relocation of proposed or existing structures as necessary to provide for street widening or street placement within the area under application, as provided in the Layton City General Plan, adequate sight distances for general safety, groundwater control, or similar issues.
Modification to allowed population density and intensity of land use where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare.
Other improvements which serve the property and which may mitigate, in part or in whole, reasonably anticipated detrimental effects of the proposed use.
Other improvements which serve the property in question and which may compensate, in part or in whole, possible adverse impacts to the district from the proposed conditional use.
Conditions relating to safety for persons and property.
Building elevation and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.
The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.
Increased setback distances from lot lines where the Land Use Authority determines it to be necessary to insure public safety and to insure compatibility with the intended characteristics of the zoning district as outlined in this Title, or where the lot abuts an arterial or collector street.
Appropriate design, construction, and location of structures, buildings, and facilities in relation to an earthquake fault which may exist on the property, and limitations and/or restrictions to use and/or location of use due to special site conditions, including but not limited to, geologically hazardous areas, flood plains, fault zones, and landslide areas other than may be required by the sensitive lands overlay development regulations.
Limitations and control of the number, location, color, size, height, lighting, and landscaping of signs and structures in relation to the creation of traffic hazards.
Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.
Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
Conditions relating to health and sanitation.
A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the City.
A wastewater disposal system and a solid waste disposal system meeting standards adopted by the City.
Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the zoning district and to provide for an orderly development of land in Layton.
Conditions relating to environmental concerns.
Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife, and plant life.
Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.
The planting of ground cover or other surfacing to prevent dust and erosion.
Restructuring of the land and planting of the same as directed by the Land Use Authority when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured and re-vegetated.

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

19.14.100 Conditions Relating To Specific Types Of Uses

All uses listed in this Section shall be required to meet all standards provided in this Chapter. Where there is a conflict between another provision and the provisions of this Section, the more specific requirement shall apply.

Mobile Home Parks and Travel Vehicle Parks - See Chapter 19.11 of the Layton Municipal Code.
Wireless Telecommunication equipment. Wireless Telecommunication equipment may be allowed with the following requirements:
Wall mounted antennas. mounted antennas are conditional uses in residential zoning districts at institutional uses. Wall mounted antennas must comply with the following criteria:
Wall mounted antennas shall not extend above the roof line of the building more than four feet.
Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.
Wall mounted antennas may have a maximum area of 40 square feet per each side of the building. The area is determined by drawing straight lines around the outermost portions of the antennas until enclosed.
All equipment associated with the use (excluding the antenna) must be screened by a view obstructing structure.
If the associated equipment is located on the ground it must be appropriately landscaped.
Roof mounted antennas. Roof mounted antennas are conditional in residential zoning districts at institutional uses. The following provisions and any applicable provisions in Subsection (a) above shall apply to roof mounted antennas:
Roof mounted antennas can only be mounted on structures with flat roofs. Exceptions may be granted by staff with the following stipulations:
The tower will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building.
The antenna will be less visible from ground level than the typical antenna mounted on a flat roof.
Roof mounted antennas must be setback from the building edge one foot for every one foot of antenna height to a maximum of 15'.
Mono-pole structures. Mono-pole towers may be allowed as conditional uses in residential zoning districts at community uses. Any applicable criteria in Subsections (a) and (b) as well as the following criteria shall apply to mono-pole structures:
All towers must be of a mono-pole construction. No lattice constructed towers of any kind shall be allowed.
All towers must allow for co-location and supply engineering calculations by a state certified engineer that will allow for as many as three separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for colocation and that the structure has been constructed to allow for this.
No tower may be located within a one mile radius to another tower unless grid documentation is supplied by an independent consultant stating that co-location will create an unreasonable hardship. Evidence of an unreasonable hardship shall be provided by an independent engineering study provided to the City at cost to the applicant.
Co-location on an existing mono-pole structure is a permitted use and is handled administratively.
The agent must supply the City with a letter stating that if technology renders the tower obsolete and the tower is vacated, that the agent will remove the tower, all apparatus associated with it, the top three feet of the footing, and restore the site to its original condition within 90 days of the vacation of the tower.
The additional following criteria may be addressed for approval of electronic communication equipment in residential zoning districts at community uses:
Whether co-location of the antenna on existing structures in the same vicinity such as: towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is feasible without impacting neighboring uses.
The location of the antenna in relation to existing vegetation, topography, buildings, residential uses, and zoning districts.
Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or specifying construction materials and colors, etc.
Bus shelters. Bus shelters located in the public right-of-way shall comply with all requirements listed in Section 19.05.070 (if applicable) as well as the following:
Require review and approval by the City Engineer.
The applicant shall notify the abutting property owner by certified letter of the proposed shelter location, advertising, and provide an opportunity for comment. A copy of the certified letter shall be provided to the City by the applicant.
If the bus shelter is located in a state or county right-of-way the applicant must also receive a permit from the State or county for the erection of the bus shelter.
If sidewalk is removed in order to locate the bus shelter, the sidewalk shall be replaced by the applicant and meandered around the shelter so that there is a minimum of three feet from the closest portion of the walk to the closest portion of the shelter. The meander shall start a minimum of ten feet on either side of the shelter. Proposed sidewalk alignment shall be submitted with the application.
The applicant shall acquire from the adjacent property owner an access easement in situations where the public sidewalk enters onto private property.
There shall be a minimum setback of four feet from the face of the curb to the nearest portion of the shelter.
Elderly apartment. Each elderly apartment shall meet all state and federal codes and have the following minimum requirements:
Non-skid bathtubs.
Handicap accessible doorways.
Bath facilities designed to accommodate wheelchairs.
Grab bars in showers, tubs, and near toilets.
Central heating and cooling.
Lever type door handles and water faucets.
Electrical receptacles to be at least 24" above floor level.
No stairs within apartments, and elevator access for more than one-story dwelling buildings.
Emergency signals in each apartment to a 24 hour manned facility.
Elderly households shall be limited to three persons per dwelling unit.
Kennels.
Kennels, private.
Minimum lot size of one acre required.
The animals must be owned by the property owner or occupants, except at times of breeding.
Outdoor pens shall be located in the rear yard and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
In addition to other conditions imposed to mitigate the impact of this use, the Land Use Authority may restrict the location of any pens and the number of dogs and/or cats allowed on the site.
All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.
Daily Boarding Kennels.
In a residential zoning district daily boarding kennels will be a conditional use and are only permitted as a home occupation. The boarding operation shall comply with the following regulations and all provisions of the home occupation regulations, except that a boarding kennel shall be exempt from the limitation on the use of space in and outside the home.
Must be located in the A (agriculture) zoning district.
Outdoor pens shall be located in the rear yard and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
In addition to other conditions imposed to mitigate the impact of this use, the Land Use Authority may restrict the location of any pens and the number of dogs and/or cats allowed on the site.
The number of dogs and/or cats will be limited to eight including the owner's own dogs and/or cats.
Hours of operation will be limited to 7:00 a.m. to 7:00 p.m.
All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.
Extended Care Kennels. In the A (agricultural) zoning district, an extended care kennel will be a conditional use and only permitted as a home occupation. The home occupation does not allow employees, and the operation shall comply with the following regulations.
Must be located in the A (agricultural) zoning district with a minimum of one acre of property.
Must be located in the Accident Potential Zone (APZ) easement overlay area as described, defined, and regulated in this Code and in Utah Code Sections 63M-6-201, et. seq. also known as the Utah Military Base Easements Act.
The number of dogs and/or cats, at any one time, for day care or boarding, shall be limited to 20, including the owner's dogs and/or cats. The number of dogs and/or cats, at any one time, for grooming, shall be limited to three. This use shall allow for day care, grooming, and boarding services only. Obedience, or other similar classes, and the selling of pets are not allowed under these provisions.
An extended care kennel will comply with the Davis County Health Department regulations and Davis County Animal Control regulations.
Outdoor pens shall be located in the rear yard area and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
There shall be a minimum of 100 square feet of yard space provided for each animal kept within the extended care kennel. Said space shall be secured by a six foot solid vinyl fence or chain link fence with vinyl slats, which is adequately secured at the bottom with a concrete mow strip to prevent animals from exiting under it. Any area or use within the yard area determined to be a hazard to animals shall be secured from access and shall not be counted in the required yard space. A site plan of the parcel being used and the neighboring properties, including dwellings, shall be reviewed and approved by the City staff.
Must be located along an arterial street as defined in the Layton City Master Street Plan.
The dogs and/or cats shall be boarded indoors between the hours of 9:00 p.m. and 7:00 a.m. to avoid noise disturbances during the quiet ambient noise times. The enclosures shall have electricity and a heating source.
All dogs or cats kept or groomed at the extended care kennel shall have a current rabies vaccination.
Kennels, Boarding
Boarding kennels shall be a conditional use in the CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts, and a permitted use in the M-1 (Light Manufacturing/Industrial) and M-2 (Heavy Manufacturing/Industrial) zoning districts.
Boarding kennels shall comply with all Davis County Animal Control and Davis County Health Department regulations.
Animals shall be treated humanely and no conditions shall be maintained or permitted that are, or could be, injurious to the animal.
Animals which are kept or boarded shall be current on all required vaccinations.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animal.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition and shall be designed and constructed with materials which are easily cleaned. Additionally, all buildings, rooms, animal enclosures, cages, kennels, and runs shall be properly designed and ventilated to prevent/remove animal odors.
All buildings, and rooms used for boarding shall be enhanced with building materials, including sufficient insulation and glass thickness, to dampen or eliminate noises associated with the animals being boarded within. The sound attenuation of these buildings and rooms shall be sufficient to eliminate noises associated with boarded animals from inside any occupied residential or commercial building.
There shall be no outdoor boarding of any animal.
Outdoor animal enclosures used as exercise yards and runs associated with a boarding kennel shall be secured by a six foot solid vinyl, masonry block, or comparable fence material.
Boarding kennels with outdoor animal enclosures shall keep animals indoors between the hours of 9:00 p.m. and 7:00 a.m. Building doors and windows which lead to outdoor animal enclosures shall remain closed after entering or exiting the outdoor space to limit noise from escaping the building's interior.
Where existing residential and commercial uses are located within 200' of a boarding kennel, the number of animals in outdoor animal enclosures, exercise yards, and runs at any one time shall be limited to one animal for every 300 square feet of enclosed area, and enclosed areas shall not exceed a maximum of 2,400 square feet.
Animal waste and runoff generated by the cleaning of outdoor animal enclosures, exercise yards, and runs shall be contained on the subject property. If disposal is by a sanitary sewage system, it shall comply with all applicable City, County, and State regulations.
Outdoor animal enclosures, exercise yards and runs shall be located at least 75' from any residential uses, and from existing commercial outdoor patio areas used for eating, reception, entertainment, or other similar uses.
Animals may be walked outdoors at any time on a leash for exercise and relief provided that only three animals, per accompanied employee, may be outside at a time. Any solid animal waste shall be disposed of promptly and in a sanitary manner.
Commercial uses in manufacturing zoning districts. Retail sales shall be allowed in the M-2 zoning district as a conditional use, but shall be limited to the retail sale of goods manufactured and/or distributed by the same business, as long as:
The retail sale is confined to a floor area within the tenant space not exceeding 40% of the total floor area used by the business; and
The remaining floor area is not open to the public and is not used for commercial uses; and
The subject parcel has frontage on an arterial street with the main entrance to the business facing the arterial street.
Cemetery/Mortuary/Funeral Home. The provision of mortuary/funeral home services in appropriate locations is an important land use objective of the City. The purpose of this Section is to ensure appropriate locations for these type of facilities and preserve the character of surrounding neighborhoods.

A mortuary/funeral home on a cemetery site in the A (agriculture) zoning district may be allowed if granted a conditional use permit by the Land Use Authority and if the following conditions have been met:

Height, setback, and lot requirements. A mortuary/funeral home shall comply; with the height, setback, and lot requirements of the zoning district in which it is located. A mortuary/funeral home on a cemetery site in the A (agriculture) zoning district shall have a minimum of a 100' front yard setback to insure that the building is integrated into the cemetery site.
Lighting. Lighting shall comply with Section 19.06.050 of this Title.
Parking. A minimum of one space for each 40 square feet of floor area in assembly rooms.
Landscaping and Fencing. Transitional landscaping and fencing shall be provided in accordance with Section 19.16.040 of this Title and Table 16-1 entitled "Landscaping/Fencing Matrix."
Recyclable/Salvage Yards. No land or building devoted to these types of uses shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, glare, electrical, or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element, in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises.

State agency notification. The Community and Economic Development Director shall confirm that the Environmental Health Services Section of the State Health Division is informed of applications where a recyclable/salvage yard may pose a potential risk.

As part of a performance standards review the use shall include in the application a description of the proposed machinery, products, and processes to be located at the site.

Layton City, and other governmental agencies, are authorized to monitor the use as needed, and conduct investigations of any purported violation of environmental, criminal, or performance laws or standards. Monitoring of the use would include problems with crime, noise, odors, vibration, or glare. For purposes of determining the existence of a nuisance, the measurement of noise, odors, contamination, vibration, or glare shall be taken at the property line.

Recyclable/Salvage yards shall be subjected to the following restrictions.

No recyclable/salvage yard shall be located within 1000' feet of:
A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
A public or private educational facility including, but not limited to, child day-care facilities, nursery schools, pre-schools, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities. Schools include the school grounds.
A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities.
No recyclable/salvage yards shall be located within 600' of:
A boundary of a residential district as defined in the Layton City zoning code; or;
The property line of a lot devoted to a residential use as defined in the Layton City zoning code.

The following conditions shall apply to recyclable/salvage yards.

In the heavy manufacturing zone a recyclable/salvage yard shall be a conditional use and are not permitted in any other type of zoning district.
Persons who utilize the recyclable/salvage yard shall provide photo identification to the owners of the establishment who will make a copy of the identification and keep on file with the business.
Said use shall not be located in water protection zone areas as defined by Table 20-1 in Chapter 19.20 of this Title and entitled "Drinking Water Source Protection Zones."
The material to be collected shall be screened from public view. A minimum eight foot high fence is required around the storage area and includes having a canopy over stacked material. The material cannot be stacked higher than the eight foot fence.
The material being stored is screened to prevent a view of the material from a commuter rail train as per Section 19.06.110(5). Other screening devises will be required through landscaping.
The material may be required to be stored in an enclosed building if other screening devices are not workable.
The deposit or storage of toxic chemicals, radioactive materials, or metals such as freon and mercury shall be prohibited.
A background check for current and proposed employees is required as noted in Section 5.04.040.
Title loan, payday loan, deferred deposit lending, and similar businesses. Title loan, payday loan, deferred deposit lending, and similar businesses shall be located and maintained in accordance with the following standards and conditions:
Title loan, payday loan, deferred deposit lending, and similar businesses shall only be allowed as a conditional use in areas zoned CP-2 (planned community commercial) or C-H (planned highway commercial).
Title loan, payday loan, deferred deposit lending, and similar businesses shall not be located within one thousand five hundred feet (1,500') of another title loan, payday loan, deferred deposit lending, and similar business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
Title loan, payday loan, deferred deposit lending, and similar businesses shall be limited to one title loan, payday loan, deferred deposit lending, and similar business per 10,000 in Layton City population. The total population figures shall be based on the U.S. Census Bureau's report for Layton City.
The following shall only apply to title loan, payday loan, deferred deposit lending, and similar businesses that had an active business license before February 3, 2011, in Layton City.
Termination of business license. If any title loan, payday loan, deferred deposit lending or similar business fails to renew its Layton City Business License or vacates the premises, then the business and use is deemed terminated. All title loan, payday loan, deferred deposit lending, and similar businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of the Layton Municipal Code.
Relocation of existing business. Any title loan, payday loan, deferred deposit lending, and similar business existing before February 3, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.
Retail tobacco specialty businesses. Retail tobacco specialty businesses shall be located and maintained in accordance with the following standards and conditions:
Retail tobacco specialty businesses shall only be allowed as a conditional use in areas zoned C-H (planned highway commercial).
Retail tobacco specialty businesses shall not be located within 600' of another retail tobacco specialty business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
Retail tobacco specialty businesses shall not be located within 1,000' of a community location.
Retail tobacco specialty businesses shall not be located within 600' of property used or zoned for agricultural use, or residential use.
The proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, or agricultural or residential use, without regard to intervening structures or zoning districts.
Any retail tobacco specialty business that had an active business license before November 17, 2011, in Layton City maintains the right to operate as a nonconforming use.
Termination of business. If any retail tobacco specialty business fails to renew its Layton City Business License, vacates the premises, or suspends the sale of tobacco products for more than 60 consecutive days, then the business and use is deemed terminated. All retail tobacco specialty businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of Layton Municipal Code.
Relocation of existing business. Any retail tobacco specialty business existing before November 17, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.
Pet Services. All pet services shall comply with the following requirements:
Pet Services, Indoor.
General requirements.
Indoor pet services shall be a permitted use in the M-1 (Light Manufacturing/Industrial), and M-2 (Heavy Manufacturing/Industrial) zoning districts, and a conditional use in the A (Agriculture), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts.
Indoor pet services shall comply with all applicable City, Davis County Animal Control, and Davis County Health Department regulations.
All animals shall be treated humanely. No conditions shall be maintained or permitted in the premises or on the property that are, or could be, injurious to the animal.
All buildings and rooms shall be enhanced with building materials, including sufficient insulation and glass thickness, to dampen or eliminate noises associated with the animals contained within. The sound attenuation of buildings and rooms shall be sufficient to eliminate noises associated with the animals from inside any occupied residential or commercial building.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animal.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition; shall be designed and constructed with materials which are easily cleaned; and shall be properly designed and ventilated to prevent/remove animal odors.
Areas for outdoor pet activities (i.e. play/training facilities) shall not be permitted.
Animals may be walked outdoors at any time on a leash for exercise and relief provide that only three animals, per accompanied employee, may be outside at a time. Any solid animal waste shall be disposed of promptly in an appropriate and sanitary manner.
Pet day care, indoor play/training facilities, and boarding kennels requirements.
Pet day care, indoor play/training facilities, boarding kennels, and similar activities/operations shall require animals to be current on all required vaccinations.
Boarding (kenneling) may be provided only as an accessory use. There shall be no outdoor boarding of any animal. Outdoor animal enclosures used as exercise yards and runs which are associated with a boarding kennel shall not be allowed.
Veterinary clinic requirements.
Veterinary clinics shall not dispose of dead animals (cremation or otherwise) on-site. Euthanized or otherwise dead animals shall be stored in freezers until removed from the site.
A (Agriculture) zoning district requirements.
New buildings and facilities shall reflect an agricultural architectural style and form that is consistent with the area’s rural character and existing agricultural buildings.
Outdoor lighting shall be screened by shields/hoods to prevent glare onto adjacent properties.
Pet Services, Indoor/Outdoor:
General requirements.
Indoor/outdoor pet services shall be a permitted use in the M-1 (Light Manufacturing/Industrial), and M-2 (Heavy Manufacturing/Industrial) zoning districts, and a conditional use in the A (Agriculture), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts.
Indoor/outdoor pet services shall meet all requirements of 19.14.100 (11.a.) with the exception that areas for outdoor pet activities (i.e. play/training facilities, and outdoor animal enclosures used as exercise yards and runs) may be allowed.
Outdoor play/training facilities, exercise yards and runs.
Indoor/outdoor pet service operations with outdoor animal enclosures used as outdoor play/training facilities, exercise yards and runs shall be separated from any offsite residential used or zoned property at the property line by a six foot solid vinyl, masonry block, or comparable fence.
A minimum 25’ landscape buffer shall be provided between adjoining property boundary lines and any outdoor animal enclosure. No pets or animals shall be allowed within the landscape buffer. The landscape buffer shall be planted, manicured, and maintained with evergreen trees and large shrubs. Evergreen trees shall be planted no further than 20’ apart, and planted at a minimum of six feet in height at the time of planting, with the potential to grow to at least a 25’ canopy diameter in width. Large shrubs shall be planted between evergreen trees to fill in the void spaces along the fence lines.
Primary outdoor animal enclosures shall be constructed with a minimum six foot tall transparent fence. Fencing shall be maintained to prevent the escape of any animal.
Operations with outdoor animal enclosures shall keep animals indoors between the hours of 9:00 p.m. and 7:00 a.m. Building doors and windows which lead to outdoor animal enclosures shall remain closed after entering or exiting the outdoor space to limit noise from escaping the building’s interior.
Where existing residential and commercial uses are located within 200’ of an outdoor animal enclosure the number of animals shall be limited to one animal for every 300 square feet of enclosed area.
Outdoor animal enclosures shall be located at least 75’ from any residential uses, and from existing commercial outdoor patio areas used for eating, reception, entertainment, or other similar uses.
Exterior play/training structures shall be located appropriately to prevent the escape of any animal, and shall be securely fastened/anchored to protect animals from injury.
Pet Cemetery: All pet cemeteries shall comply with the following requirements:
General requirements.
Pet cemeteries shall be a conditional use in the A (Agriculture), R (Residential), and P-B (Professional Business) zoning districts.
Pet cemeteries shall be separated from any off-site residential used or zoned property at the property line by a six foot solid vinyl, masonry block, or comparable fence.
All graves or burial lots shall be set back a minimum of 30’ from any property line or street right-of-way.
Pet crematorium. All pet crematoriums shall comply with the following requirements:
Pet crematoriums shall be used for the preparation and cremation of pets only.
The crematorium shall not be used for the disposal of any waste materials, including medical/industrial waste.
Pet crematoriums shall emit no visible emissions or odors.
Pet crematoriums shall comply with all applicable City, County, and State regulations, and shall receive all necessary approvals from applicable State and Federal agencies.

HISTORY

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

Ord. No. 97-29, Amended, 5/15/1997

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

Ord. No. 98-80, Amended, 12/17/1998

Ord. No. 99-12, Amended, 3/18/1999

Ord. No. 01-18, Amended, 4/19/2001

Ord. No. 01-41, Amended, 10/4/2001

Ord. No. 02-18, Amended, 3/21/2002

Ord. No. 03-49, Amended, 11/6/2003

Ord. No. 03-49, Amended, 11/20/2003

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

Ord. No. 06-56, Amended, 12/7/2006

Ord. No. 09-20, Amended, 11/5/2009

Ord. No. 11-03, Amended, 3/17/2011

Ord. No. 12-16, Amended, 5/17/2012

Ord. No. 13-08, Amended, 4/18/2013

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

Ord. No. 18-08, Amended, 3/20/2018

Ord. No. 18-23, Amended, 6/21/2018

Layton City City Zoning Code

19.14 Conditional

Uses

19.14.010 Purpose

To allow the proper integration into Layton or uses, which may be suitable only in certain locations in the City, and only if such uses are designed or laid out on the site in a particular manner.

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

19.14.020 Conditional Use Permit

Application. A conditional use permit shall be made by the property owner or certified agent thereof to the Community and Economic Development Department. The Development Staff review of a conditional use application shall comply with the process and criteria outlined in 19.03 of the Layton City Municipal Code as well as the requirements listed therein.
Considerations of conditional use procedure. The application shall be accompanied by maps, drawings, or other documents sufficient to meet the requirements of a site plan review (see Chapter 19.13), for those conditional uses which require such a review, and sufficient to demonstrate that the general and specific requirements of this Title will be met by the construction and operation of the proposed building, structure, or use. In considering an application for a conditional use permit, the Land Use Authority as defined in Section 19.01.135 shall give due regard to the nature and condition of adjacent uses and structures.
A conditional use shall be approved if reasonable conditions are proposed or can be imposed, to mitigate the reasonable anticipated detrimental effects of the proposed use in accordance with applicable standards.
If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, then the conditional use may be denied.

The granting of a conditional use permit shall not exempt the application from other relevant provisions of this or other ordinances of the City of Layton.

Fee. The application for any conditional use permit shall be accompanied by the appropriate fee as authorized in the City’s Consolidated Fee Schedule.

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

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

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

19.14.030 Notification Of A Conditional Use

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

Ord. No. 20-20, Amended, 6/18/2020

19.14.040 Appeals Of Decision

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

19.14.050 Inspection

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

19.14.060 Time Limit

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

19.14.070 Temporary; Conditional Uses

Temporary business buildings in any zoning district that are used during construction of the permanent structure may be allowed if granted a conditional use by the Land Use Authority, and if the following conditions have been met:
The building permit for the permanent structure has been issued.
Temporary structures must be completely skirted.
Temporary structures shall comply with the setbacks for the zoning district.
Temporary structures must be located outside of all clear view areas as defined in Section 19.16.080.
The temporary structure will be removed from the premises within 14 days of occupancy of the permanent structure.
In the case of temporary sales offices in residential zoning districts the sales office must be removed 14 days after occupancy of the model home or six months after approval for the temporary sales office if the model home is not completed.

HISTORY

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

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

Ord. No. 97-73, Amended, 11/20/1997

Ord. No. 99-18, Amended, 3/18/1999

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

Ord. No. 11-09, Amended, 3/17/2011

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

19.14.075 Revocation Of Conditional Use Permit

A conditional use permit may be revoked by the Land use Authority upon failure of compliance with the conditions precedent to the original approval of the permit or for any violation of this Title occurring on the site for which the conditional use permit was approved. Prior to the revocation of a conditional use permit, the Land Use Authority shall convene a meeting. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee at least ten days prior to the meeting. An appeal of the decision to revoke a conditional use permit shall be filed, in writing, with the Land Use Appeal Authority within 30 days from the date of revocation.

HISTORY

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

19.14.080 Determination And Considerations

At the specified location, is in harmony with the general intent and purpose of the Layton City General Plan and the applicable zoning district regulations;
Is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood;
Such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and
Conditions imposed by the Land Use Authority shall be based upon options described in this Chapter or any special conditions or requirements as may be specified elsewhere in 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

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

19.14.090 Standards For Conditions

Conditions relating to compliance with the intent of the comprehensive plan and characteristics of the zoning district.
The placement of conditional uses only in specific areas of a zoning district, e.g., along an arterial or collector street.
The removal of structures, debris, or plant materials incompatible with the desired characteristics of the zoning district.
The screening of yards or other areas as protection from obnoxious land uses and activities.
Landscaping to insure compatibility with the intended neighboring land uses.
Limitations or controls on the location, height, and materials of walls, fences, hedges, and screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
The relocation of proposed or existing structures as necessary to provide for street widening or street placement within the area under application, as provided in the Layton City General Plan, adequate sight distances for general safety, groundwater control, or similar issues.
Modification to allowed population density and intensity of land use where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare.
Other improvements which serve the property and which may mitigate, in part or in whole, reasonably anticipated detrimental effects of the proposed use.
Other improvements which serve the property in question and which may compensate, in part or in whole, possible adverse impacts to the district from the proposed conditional use.
Conditions relating to safety for persons and property.
Building elevation and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.
The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.
Increased setback distances from lot lines where the Land Use Authority determines it to be necessary to insure public safety and to insure compatibility with the intended characteristics of the zoning district as outlined in this Title, or where the lot abuts an arterial or collector street.
Appropriate design, construction, and location of structures, buildings, and facilities in relation to an earthquake fault which may exist on the property, and limitations and/or restrictions to use and/or location of use due to special site conditions, including but not limited to, geologically hazardous areas, flood plains, fault zones, and landslide areas other than may be required by the sensitive lands overlay development regulations.
Limitations and control of the number, location, color, size, height, lighting, and landscaping of signs and structures in relation to the creation of traffic hazards.
Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.
Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
Conditions relating to health and sanitation.
A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the City.
A wastewater disposal system and a solid waste disposal system meeting standards adopted by the City.
Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the zoning district and to provide for an orderly development of land in Layton.
Conditions relating to environmental concerns.
Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife, and plant life.
Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.
The planting of ground cover or other surfacing to prevent dust and erosion.
Restructuring of the land and planting of the same as directed by the Land Use Authority when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured and re-vegetated.

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

19.14.100 Conditions Relating To Specific Types Of Uses

Mobile Home Parks and Travel Vehicle Parks - See Chapter 19.11 of the Layton Municipal Code.
Wireless Telecommunication equipment. Wireless Telecommunication equipment may be allowed with the following requirements:
Wall mounted antennas. mounted antennas are conditional uses in residential zoning districts at institutional uses. Wall mounted antennas must comply with the following criteria:
Wall mounted antennas shall not extend above the roof line of the building more than four feet.
Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.
Wall mounted antennas may have a maximum area of 40 square feet per each side of the building. The area is determined by drawing straight lines around the outermost portions of the antennas until enclosed.
All equipment associated with the use (excluding the antenna) must be screened by a view obstructing structure.
If the associated equipment is located on the ground it must be appropriately landscaped.
Roof mounted antennas. Roof mounted antennas are conditional in residential zoning districts at institutional uses. The following provisions and any applicable provisions in Subsection (a) above shall apply to roof mounted antennas:
Roof mounted antennas can only be mounted on structures with flat roofs. Exceptions may be granted by staff with the following stipulations:
The tower will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building.
The antenna will be less visible from ground level than the typical antenna mounted on a flat roof.
Roof mounted antennas must be setback from the building edge one foot for every one foot of antenna height to a maximum of 15'.
Mono-pole structures. Mono-pole towers may be allowed as conditional uses in residential zoning districts at community uses. Any applicable criteria in Subsections (a) and (b) as well as the following criteria shall apply to mono-pole structures:
All towers must be of a mono-pole construction. No lattice constructed towers of any kind shall be allowed.
All towers must allow for co-location and supply engineering calculations by a state certified engineer that will allow for as many as three separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for colocation and that the structure has been constructed to allow for this.
No tower may be located within a one mile radius to another tower unless grid documentation is supplied by an independent consultant stating that co-location will create an unreasonable hardship. Evidence of an unreasonable hardship shall be provided by an independent engineering study provided to the City at cost to the applicant.
Co-location on an existing mono-pole structure is a permitted use and is handled administratively.
The agent must supply the City with a letter stating that if technology renders the tower obsolete and the tower is vacated, that the agent will remove the tower, all apparatus associated with it, the top three feet of the footing, and restore the site to its original condition within 90 days of the vacation of the tower.
The additional following criteria may be addressed for approval of electronic communication equipment in residential zoning districts at community uses:
Whether co-location of the antenna on existing structures in the same vicinity such as: towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is feasible without impacting neighboring uses.
The location of the antenna in relation to existing vegetation, topography, buildings, residential uses, and zoning districts.
Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or specifying construction materials and colors, etc.
Bus shelters. Bus shelters located in the public right-of-way shall comply with all requirements listed in Section 19.05.070 (if applicable) as well as the following:
Require review and approval by the City Engineer.
The applicant shall notify the abutting property owner by certified letter of the proposed shelter location, advertising, and provide an opportunity for comment. A copy of the certified letter shall be provided to the City by the applicant.
If the bus shelter is located in a state or county right-of-way the applicant must also receive a permit from the State or county for the erection of the bus shelter.
If sidewalk is removed in order to locate the bus shelter, the sidewalk shall be replaced by the applicant and meandered around the shelter so that there is a minimum of three feet from the closest portion of the walk to the closest portion of the shelter. The meander shall start a minimum of ten feet on either side of the shelter. Proposed sidewalk alignment shall be submitted with the application.
The applicant shall acquire from the adjacent property owner an access easement in situations where the public sidewalk enters onto private property.
There shall be a minimum setback of four feet from the face of the curb to the nearest portion of the shelter.
Elderly apartment. Each elderly apartment shall meet all state and federal codes and have the following minimum requirements:
Non-skid bathtubs.
Handicap accessible doorways.
Bath facilities designed to accommodate wheelchairs.
Grab bars in showers, tubs, and near toilets.
Central heating and cooling.
Lever type door handles and water faucets.
Electrical receptacles to be at least 24" above floor level.
No stairs within apartments, and elevator access for more than one-story dwelling buildings.
Emergency signals in each apartment to a 24 hour manned facility.
Elderly households shall be limited to three persons per dwelling unit.
Kennels.
Kennels, private.
Minimum lot size of one acre required.
The animals must be owned by the property owner or occupants, except at times of breeding.
Outdoor pens shall be located in the rear yard and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
In addition to other conditions imposed to mitigate the impact of this use, the Land Use Authority may restrict the location of any pens and the number of dogs and/or cats allowed on the site.
All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.
Daily Boarding Kennels.
In a residential zoning district daily boarding kennels will be a conditional use and are only permitted as a home occupation. The boarding operation shall comply with the following regulations and all provisions of the home occupation regulations, except that a boarding kennel shall be exempt from the limitation on the use of space in and outside the home.
Must be located in the A (agriculture) zoning district.
Outdoor pens shall be located in the rear yard and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
In addition to other conditions imposed to mitigate the impact of this use, the Land Use Authority may restrict the location of any pens and the number of dogs and/or cats allowed on the site.
The number of dogs and/or cats will be limited to eight including the owner's own dogs and/or cats.
Hours of operation will be limited to 7:00 a.m. to 7:00 p.m.
All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.
Extended Care Kennels. In the A (agricultural) zoning district, an extended care kennel will be a conditional use and only permitted as a home occupation. The home occupation does not allow employees, and the operation shall comply with the following regulations.
Must be located in the A (agricultural) zoning district with a minimum of one acre of property.
Must be located in the Accident Potential Zone (APZ) easement overlay area as described, defined, and regulated in this Code and in Utah Code Sections 63M-6-201, et. seq. also known as the Utah Military Base Easements Act.
The number of dogs and/or cats, at any one time, for day care or boarding, shall be limited to 20, including the owner's dogs and/or cats. The number of dogs and/or cats, at any one time, for grooming, shall be limited to three. This use shall allow for day care, grooming, and boarding services only. Obedience, or other similar classes, and the selling of pets are not allowed under these provisions.
An extended care kennel will comply with the Davis County Health Department regulations and Davis County Animal Control regulations.
Outdoor pens shall be located in the rear yard area and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
There shall be a minimum of 100 square feet of yard space provided for each animal kept within the extended care kennel. Said space shall be secured by a six foot solid vinyl fence or chain link fence with vinyl slats, which is adequately secured at the bottom with a concrete mow strip to prevent animals from exiting under it. Any area or use within the yard area determined to be a hazard to animals shall be secured from access and shall not be counted in the required yard space. A site plan of the parcel being used and the neighboring properties, including dwellings, shall be reviewed and approved by the City staff.
Must be located along an arterial street as defined in the Layton City Master Street Plan.
The dogs and/or cats shall be boarded indoors between the hours of 9:00 p.m. and 7:00 a.m. to avoid noise disturbances during the quiet ambient noise times. The enclosures shall have electricity and a heating source.
All dogs or cats kept or groomed at the extended care kennel shall have a current rabies vaccination.
Kennels, Boarding
Boarding kennels shall be a conditional use in the CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts, and a permitted use in the M-1 (Light Manufacturing/Industrial) and M-2 (Heavy Manufacturing/Industrial) zoning districts.
Boarding kennels shall comply with all Davis County Animal Control and Davis County Health Department regulations.
Animals shall be treated humanely and no conditions shall be maintained or permitted that are, or could be, injurious to the animal.
Animals which are kept or boarded shall be current on all required vaccinations.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animal.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition and shall be designed and constructed with materials which are easily cleaned. Additionally, all buildings, rooms, animal enclosures, cages, kennels, and runs shall be properly designed and ventilated to prevent/remove animal odors.
All buildings, and rooms used for boarding shall be enhanced with building materials, including sufficient insulation and glass thickness, to dampen or eliminate noises associated with the animals being boarded within. The sound attenuation of these buildings and rooms shall be sufficient to eliminate noises associated with boarded animals from inside any occupied residential or commercial building.
There shall be no outdoor boarding of any animal.
Outdoor animal enclosures used as exercise yards and runs associated with a boarding kennel shall be secured by a six foot solid vinyl, masonry block, or comparable fence material.
Boarding kennels with outdoor animal enclosures shall keep animals indoors between the hours of 9:00 p.m. and 7:00 a.m. Building doors and windows which lead to outdoor animal enclosures shall remain closed after entering or exiting the outdoor space to limit noise from escaping the building's interior.
Where existing residential and commercial uses are located within 200' of a boarding kennel, the number of animals in outdoor animal enclosures, exercise yards, and runs at any one time shall be limited to one animal for every 300 square feet of enclosed area, and enclosed areas shall not exceed a maximum of 2,400 square feet.
Animal waste and runoff generated by the cleaning of outdoor animal enclosures, exercise yards, and runs shall be contained on the subject property. If disposal is by a sanitary sewage system, it shall comply with all applicable City, County, and State regulations.
Outdoor animal enclosures, exercise yards and runs shall be located at least 75' from any residential uses, and from existing commercial outdoor patio areas used for eating, reception, entertainment, or other similar uses.
Animals may be walked outdoors at any time on a leash for exercise and relief provided that only three animals, per accompanied employee, may be outside at a time. Any solid animal waste shall be disposed of promptly and in a sanitary manner.
Commercial uses in manufacturing zoning districts. Retail sales shall be allowed in the M-2 zoning district as a conditional use, but shall be limited to the retail sale of goods manufactured and/or distributed by the same business, as long as:
The retail sale is confined to a floor area within the tenant space not exceeding 40% of the total floor area used by the business; and
The remaining floor area is not open to the public and is not used for commercial uses; and
The subject parcel has frontage on an arterial street with the main entrance to the business facing the arterial street.
Cemetery/Mortuary/Funeral Home. The provision of mortuary/funeral home services in appropriate locations is an important land use objective of the City. The purpose of this Section is to ensure appropriate locations for these type of facilities and preserve the character of surrounding neighborhoods.

Height, setback, and lot requirements. A mortuary/funeral home shall comply; with the height, setback, and lot requirements of the zoning district in which it is located. A mortuary/funeral home on a cemetery site in the A (agriculture) zoning district shall have a minimum of a 100' front yard setback to insure that the building is integrated into the cemetery site.
Lighting. Lighting shall comply with Section 19.06.050 of this Title.
Parking. A minimum of one space for each 40 square feet of floor area in assembly rooms.
Landscaping and Fencing. Transitional landscaping and fencing shall be provided in accordance with Section 19.16.040 of this Title and Table 16-1 entitled "Landscaping/Fencing Matrix."
Recyclable/Salvage Yards. No land or building devoted to these types of uses shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, glare, electrical, or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element, in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises.

As part of a performance standards review the use shall include in the application a description of the proposed machinery, products, and processes to be located at the site.

Recyclable/Salvage yards shall be subjected to the following restrictions.

No recyclable/salvage yard shall be located within 1000' feet of:
A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
A public or private educational facility including, but not limited to, child day-care facilities, nursery schools, pre-schools, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities. Schools include the school grounds.
A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities.
No recyclable/salvage yards shall be located within 600' of:
A boundary of a residential district as defined in the Layton City zoning code; or;
The property line of a lot devoted to a residential use as defined in the Layton City zoning code.

The following conditions shall apply to recyclable/salvage yards.

In the heavy manufacturing zone a recyclable/salvage yard shall be a conditional use and are not permitted in any other type of zoning district.
Persons who utilize the recyclable/salvage yard shall provide photo identification to the owners of the establishment who will make a copy of the identification and keep on file with the business.
Said use shall not be located in water protection zone areas as defined by Table 20-1 in Chapter 19.20 of this Title and entitled "Drinking Water Source Protection Zones."
The material to be collected shall be screened from public view. A minimum eight foot high fence is required around the storage area and includes having a canopy over stacked material. The material cannot be stacked higher than the eight foot fence.
The material being stored is screened to prevent a view of the material from a commuter rail train as per Section 19.06.110(5). Other screening devises will be required through landscaping.
The material may be required to be stored in an enclosed building if other screening devices are not workable.
The deposit or storage of toxic chemicals, radioactive materials, or metals such as freon and mercury shall be prohibited.
A background check for current and proposed employees is required as noted in Section 5.04.040.
Title loan, payday loan, deferred deposit lending, and similar businesses. Title loan, payday loan, deferred deposit lending, and similar businesses shall be located and maintained in accordance with the following standards and conditions:
Title loan, payday loan, deferred deposit lending, and similar businesses shall only be allowed as a conditional use in areas zoned CP-2 (planned community commercial) or C-H (planned highway commercial).
Title loan, payday loan, deferred deposit lending, and similar businesses shall not be located within one thousand five hundred feet (1,500') of another title loan, payday loan, deferred deposit lending, and similar business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
Title loan, payday loan, deferred deposit lending, and similar businesses shall be limited to one title loan, payday loan, deferred deposit lending, and similar business per 10,000 in Layton City population. The total population figures shall be based on the U.S. Census Bureau's report for Layton City.
The following shall only apply to title loan, payday loan, deferred deposit lending, and similar businesses that had an active business license before February 3, 2011, in Layton City.
Termination of business license. If any title loan, payday loan, deferred deposit lending or similar business fails to renew its Layton City Business License or vacates the premises, then the business and use is deemed terminated. All title loan, payday loan, deferred deposit lending, and similar businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of the Layton Municipal Code.
Relocation of existing business. Any title loan, payday loan, deferred deposit lending, and similar business existing before February 3, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.
Retail tobacco specialty businesses. Retail tobacco specialty businesses shall be located and maintained in accordance with the following standards and conditions:
Retail tobacco specialty businesses shall only be allowed as a conditional use in areas zoned C-H (planned highway commercial).
Retail tobacco specialty businesses shall not be located within 600' of another retail tobacco specialty business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
Retail tobacco specialty businesses shall not be located within 1,000' of a community location.
Retail tobacco specialty businesses shall not be located within 600' of property used or zoned for agricultural use, or residential use.
The proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, or agricultural or residential use, without regard to intervening structures or zoning districts.
Any retail tobacco specialty business that had an active business license before November 17, 2011, in Layton City maintains the right to operate as a nonconforming use.
Termination of business. If any retail tobacco specialty business fails to renew its Layton City Business License, vacates the premises, or suspends the sale of tobacco products for more than 60 consecutive days, then the business and use is deemed terminated. All retail tobacco specialty businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of Layton Municipal Code.
Relocation of existing business. Any retail tobacco specialty business existing before November 17, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.
Pet Services. All pet services shall comply with the following requirements:
Pet Services, Indoor.
General requirements.
Indoor pet services shall be a permitted use in the M-1 (Light Manufacturing/Industrial), and M-2 (Heavy Manufacturing/Industrial) zoning districts, and a conditional use in the A (Agriculture), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts.
Indoor pet services shall comply with all applicable City, Davis County Animal Control, and Davis County Health Department regulations.
All animals shall be treated humanely. No conditions shall be maintained or permitted in the premises or on the property that are, or could be, injurious to the animal.
All buildings and rooms shall be enhanced with building materials, including sufficient insulation and glass thickness, to dampen or eliminate noises associated with the animals contained within. The sound attenuation of buildings and rooms shall be sufficient to eliminate noises associated with the animals from inside any occupied residential or commercial building.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animal.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition; shall be designed and constructed with materials which are easily cleaned; and shall be properly designed and ventilated to prevent/remove animal odors.
Areas for outdoor pet activities (i.e. play/training facilities) shall not be permitted.
Animals may be walked outdoors at any time on a leash for exercise and relief provide that only three animals, per accompanied employee, may be outside at a time. Any solid animal waste shall be disposed of promptly in an appropriate and sanitary manner.
Pet day care, indoor play/training facilities, and boarding kennels requirements.
Pet day care, indoor play/training facilities, boarding kennels, and similar activities/operations shall require animals to be current on all required vaccinations.
Boarding (kenneling) may be provided only as an accessory use. There shall be no outdoor boarding of any animal. Outdoor animal enclosures used as exercise yards and runs which are associated with a boarding kennel shall not be allowed.
Veterinary clinic requirements.
Veterinary clinics shall not dispose of dead animals (cremation or otherwise) on-site. Euthanized or otherwise dead animals shall be stored in freezers until removed from the site.
A (Agriculture) zoning district requirements.
New buildings and facilities shall reflect an agricultural architectural style and form that is consistent with the area’s rural character and existing agricultural buildings.
Outdoor lighting shall be screened by shields/hoods to prevent glare onto adjacent properties.
Pet Services, Indoor/Outdoor:
General requirements.
Indoor/outdoor pet services shall be a permitted use in the M-1 (Light Manufacturing/Industrial), and M-2 (Heavy Manufacturing/Industrial) zoning districts, and a conditional use in the A (Agriculture), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts.
Indoor/outdoor pet services shall meet all requirements of 19.14.100 (11.a.) with the exception that areas for outdoor pet activities (i.e. play/training facilities, and outdoor animal enclosures used as exercise yards and runs) may be allowed.
Outdoor play/training facilities, exercise yards and runs.
Indoor/outdoor pet service operations with outdoor animal enclosures used as outdoor play/training facilities, exercise yards and runs shall be separated from any offsite residential used or zoned property at the property line by a six foot solid vinyl, masonry block, or comparable fence.
A minimum 25’ landscape buffer shall be provided between adjoining property boundary lines and any outdoor animal enclosure. No pets or animals shall be allowed within the landscape buffer. The landscape buffer shall be planted, manicured, and maintained with evergreen trees and large shrubs. Evergreen trees shall be planted no further than 20’ apart, and planted at a minimum of six feet in height at the time of planting, with the potential to grow to at least a 25’ canopy diameter in width. Large shrubs shall be planted between evergreen trees to fill in the void spaces along the fence lines.
Primary outdoor animal enclosures shall be constructed with a minimum six foot tall transparent fence. Fencing shall be maintained to prevent the escape of any animal.
Operations with outdoor animal enclosures shall keep animals indoors between the hours of 9:00 p.m. and 7:00 a.m. Building doors and windows which lead to outdoor animal enclosures shall remain closed after entering or exiting the outdoor space to limit noise from escaping the building’s interior.
Where existing residential and commercial uses are located within 200’ of an outdoor animal enclosure the number of animals shall be limited to one animal for every 300 square feet of enclosed area.
Outdoor animal enclosures shall be located at least 75’ from any residential uses, and from existing commercial outdoor patio areas used for eating, reception, entertainment, or other similar uses.
Exterior play/training structures shall be located appropriately to prevent the escape of any animal, and shall be securely fastened/anchored to protect animals from injury.
Pet Cemetery: All pet cemeteries shall comply with the following requirements:
General requirements.
Pet cemeteries shall be a conditional use in the A (Agriculture), R (Residential), and P-B (Professional Business) zoning districts.
Pet cemeteries shall be separated from any off-site residential used or zoned property at the property line by a six foot solid vinyl, masonry block, or comparable fence.
All graves or burial lots shall be set back a minimum of 30’ from any property line or street right-of-way.
Pet crematorium. All pet crematoriums shall comply with the following requirements:
Pet crematoriums shall be used for the preparation and cremation of pets only.
The crematorium shall not be used for the disposal of any waste materials, including medical/industrial waste.
Pet crematoriums shall emit no visible emissions or odors.
Pet crematoriums shall comply with all applicable City, County, and State regulations, and shall receive all necessary approvals from applicable State and Federal agencies.

HISTORY

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

Ord. No. 97-29, Amended, 5/15/1997

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

Ord. No. 98-80, Amended, 12/17/1998

Ord. No. 99-12, Amended, 3/18/1999

Ord. No. 01-18, Amended, 4/19/2001

Ord. No. 01-41, Amended, 10/4/2001

Ord. No. 02-18, Amended, 3/21/2002

Ord. No. 03-49, Amended, 11/6/2003

Ord. No. 03-49, Amended, 11/20/2003

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

Ord. No. 06-56, Amended, 12/7/2006

Ord. No. 09-20, Amended, 11/5/2009

Ord. No. 11-03, Amended, 3/17/2011

Ord. No. 12-16, Amended, 5/17/2012

Ord. No. 13-08, Amended, 4/18/2013

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

Ord. No. 18-08, Amended, 3/20/2018

Ord. No. 18-23, Amended, 6/21/2018

Layton City City Zoning Code

19.14 Conditional

Uses

19.14.010 Purpose

To allow the proper integration into Layton or uses, which may be suitable only in certain locations in the City, and only if such uses are designed or laid out on the site in a particular manner.

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

19.14.020 Conditional Use Permit

Application. A conditional use permit shall be made by the property owner or certified agent thereof to the Community and Economic Development Department. The Development Staff review of a conditional use application shall comply with the process and criteria outlined in 19.03 of the Layton City Municipal Code as well as the requirements listed therein.
Considerations of conditional use procedure. The application shall be accompanied by maps, drawings, or other documents sufficient to meet the requirements of a site plan review (see Chapter 19.13), for those conditional uses which require such a review, and sufficient to demonstrate that the general and specific requirements of this Title will be met by the construction and operation of the proposed building, structure, or use. In considering an application for a conditional use permit, the Land Use Authority as defined in Section 19.01.135 shall give due regard to the nature and condition of adjacent uses and structures.
A conditional use shall be approved if reasonable conditions are proposed or can be imposed, to mitigate the reasonable anticipated detrimental effects of the proposed use in accordance with applicable standards.
If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, then the conditional use may be denied.

The granting of a conditional use permit shall not exempt the application from other relevant provisions of this or other ordinances of the City of Layton.

Fee. The application for any conditional use permit shall be accompanied by the appropriate fee as authorized in the City’s Consolidated Fee Schedule.

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

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

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

19.14.030 Notification Of A Conditional Use

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

Ord. No. 20-20, Amended, 6/18/2020

19.14.040 Appeals Of Decision

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

19.14.050 Inspection

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

19.14.060 Time Limit

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

19.14.070 Temporary; Conditional Uses

Temporary business buildings in any zoning district that are used during construction of the permanent structure may be allowed if granted a conditional use by the Land Use Authority, and if the following conditions have been met:
The building permit for the permanent structure has been issued.
Temporary structures must be completely skirted.
Temporary structures shall comply with the setbacks for the zoning district.
Temporary structures must be located outside of all clear view areas as defined in Section 19.16.080.
The temporary structure will be removed from the premises within 14 days of occupancy of the permanent structure.
In the case of temporary sales offices in residential zoning districts the sales office must be removed 14 days after occupancy of the model home or six months after approval for the temporary sales office if the model home is not completed.

HISTORY

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

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

Ord. No. 97-73, Amended, 11/20/1997

Ord. No. 99-18, Amended, 3/18/1999

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

Ord. No. 11-09, Amended, 3/17/2011

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

19.14.075 Revocation Of Conditional Use Permit

A conditional use permit may be revoked by the Land use Authority upon failure of compliance with the conditions precedent to the original approval of the permit or for any violation of this Title occurring on the site for which the conditional use permit was approved. Prior to the revocation of a conditional use permit, the Land Use Authority shall convene a meeting. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee at least ten days prior to the meeting. An appeal of the decision to revoke a conditional use permit shall be filed, in writing, with the Land Use Appeal Authority within 30 days from the date of revocation.

HISTORY

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

19.14.080 Determination And Considerations

At the specified location, is in harmony with the general intent and purpose of the Layton City General Plan and the applicable zoning district regulations;
Is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood;
Such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and
Conditions imposed by the Land Use Authority shall be based upon options described in this Chapter or any special conditions or requirements as may be specified elsewhere in 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

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

19.14.090 Standards For Conditions

Conditions relating to compliance with the intent of the comprehensive plan and characteristics of the zoning district.
The placement of conditional uses only in specific areas of a zoning district, e.g., along an arterial or collector street.
The removal of structures, debris, or plant materials incompatible with the desired characteristics of the zoning district.
The screening of yards or other areas as protection from obnoxious land uses and activities.
Landscaping to insure compatibility with the intended neighboring land uses.
Limitations or controls on the location, height, and materials of walls, fences, hedges, and screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
The relocation of proposed or existing structures as necessary to provide for street widening or street placement within the area under application, as provided in the Layton City General Plan, adequate sight distances for general safety, groundwater control, or similar issues.
Modification to allowed population density and intensity of land use where land capability and/or vicinity relationships make it appropriate to do so to protect health, safety, and welfare.
Other improvements which serve the property and which may mitigate, in part or in whole, reasonably anticipated detrimental effects of the proposed use.
Other improvements which serve the property in question and which may compensate, in part or in whole, possible adverse impacts to the district from the proposed conditional use.
Conditions relating to safety for persons and property.
Building elevation and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.
The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.
Increased setback distances from lot lines where the Land Use Authority determines it to be necessary to insure public safety and to insure compatibility with the intended characteristics of the zoning district as outlined in this Title, or where the lot abuts an arterial or collector street.
Appropriate design, construction, and location of structures, buildings, and facilities in relation to an earthquake fault which may exist on the property, and limitations and/or restrictions to use and/or location of use due to special site conditions, including but not limited to, geologically hazardous areas, flood plains, fault zones, and landslide areas other than may be required by the sensitive lands overlay development regulations.
Limitations and control of the number, location, color, size, height, lighting, and landscaping of signs and structures in relation to the creation of traffic hazards.
Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.
Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
Conditions relating to health and sanitation.
A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the City.
A wastewater disposal system and a solid waste disposal system meeting standards adopted by the City.
Construction of water mains, sewer mains, and drainage facilities serving the proposed use, in sizes necessary to protect existing utility users in the zoning district and to provide for an orderly development of land in Layton.
Conditions relating to environmental concerns.
Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife, and plant life.
Processes for the control, elimination, or prevention of land, water, or air pollution; the prevention of soil erosion; and the control of objectionable odors and noise.
The planting of ground cover or other surfacing to prevent dust and erosion.
Restructuring of the land and planting of the same as directed by the Land Use Authority when the conditional use involves cutting and/or filling the land and where such land would be adversely affected if not restructured and re-vegetated.

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

19.14.100 Conditions Relating To Specific Types Of Uses

Mobile Home Parks and Travel Vehicle Parks - See Chapter 19.11 of the Layton Municipal Code.
Wireless Telecommunication equipment. Wireless Telecommunication equipment may be allowed with the following requirements:
Wall mounted antennas. mounted antennas are conditional uses in residential zoning districts at institutional uses. Wall mounted antennas must comply with the following criteria:
Wall mounted antennas shall not extend above the roof line of the building more than four feet.
Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.
Wall mounted antennas may have a maximum area of 40 square feet per each side of the building. The area is determined by drawing straight lines around the outermost portions of the antennas until enclosed.
All equipment associated with the use (excluding the antenna) must be screened by a view obstructing structure.
If the associated equipment is located on the ground it must be appropriately landscaped.
Roof mounted antennas. Roof mounted antennas are conditional in residential zoning districts at institutional uses. The following provisions and any applicable provisions in Subsection (a) above shall apply to roof mounted antennas:
Roof mounted antennas can only be mounted on structures with flat roofs. Exceptions may be granted by staff with the following stipulations:
The tower will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building.
The antenna will be less visible from ground level than the typical antenna mounted on a flat roof.
Roof mounted antennas must be setback from the building edge one foot for every one foot of antenna height to a maximum of 15'.
Mono-pole structures. Mono-pole towers may be allowed as conditional uses in residential zoning districts at community uses. Any applicable criteria in Subsections (a) and (b) as well as the following criteria shall apply to mono-pole structures:
All towers must be of a mono-pole construction. No lattice constructed towers of any kind shall be allowed.
All towers must allow for co-location and supply engineering calculations by a state certified engineer that will allow for as many as three separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for colocation and that the structure has been constructed to allow for this.
No tower may be located within a one mile radius to another tower unless grid documentation is supplied by an independent consultant stating that co-location will create an unreasonable hardship. Evidence of an unreasonable hardship shall be provided by an independent engineering study provided to the City at cost to the applicant.
Co-location on an existing mono-pole structure is a permitted use and is handled administratively.
The agent must supply the City with a letter stating that if technology renders the tower obsolete and the tower is vacated, that the agent will remove the tower, all apparatus associated with it, the top three feet of the footing, and restore the site to its original condition within 90 days of the vacation of the tower.
The additional following criteria may be addressed for approval of electronic communication equipment in residential zoning districts at community uses:
Whether co-location of the antenna on existing structures in the same vicinity such as: towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is feasible without impacting neighboring uses.
The location of the antenna in relation to existing vegetation, topography, buildings, residential uses, and zoning districts.
Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or specifying construction materials and colors, etc.
Bus shelters. Bus shelters located in the public right-of-way shall comply with all requirements listed in Section 19.05.070 (if applicable) as well as the following:
Require review and approval by the City Engineer.
The applicant shall notify the abutting property owner by certified letter of the proposed shelter location, advertising, and provide an opportunity for comment. A copy of the certified letter shall be provided to the City by the applicant.
If the bus shelter is located in a state or county right-of-way the applicant must also receive a permit from the State or county for the erection of the bus shelter.
If sidewalk is removed in order to locate the bus shelter, the sidewalk shall be replaced by the applicant and meandered around the shelter so that there is a minimum of three feet from the closest portion of the walk to the closest portion of the shelter. The meander shall start a minimum of ten feet on either side of the shelter. Proposed sidewalk alignment shall be submitted with the application.
The applicant shall acquire from the adjacent property owner an access easement in situations where the public sidewalk enters onto private property.
There shall be a minimum setback of four feet from the face of the curb to the nearest portion of the shelter.
Elderly apartment. Each elderly apartment shall meet all state and federal codes and have the following minimum requirements:
Non-skid bathtubs.
Handicap accessible doorways.
Bath facilities designed to accommodate wheelchairs.
Grab bars in showers, tubs, and near toilets.
Central heating and cooling.
Lever type door handles and water faucets.
Electrical receptacles to be at least 24" above floor level.
No stairs within apartments, and elevator access for more than one-story dwelling buildings.
Emergency signals in each apartment to a 24 hour manned facility.
Elderly households shall be limited to three persons per dwelling unit.
Kennels.
Kennels, private.
Minimum lot size of one acre required.
The animals must be owned by the property owner or occupants, except at times of breeding.
Outdoor pens shall be located in the rear yard and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
In addition to other conditions imposed to mitigate the impact of this use, the Land Use Authority may restrict the location of any pens and the number of dogs and/or cats allowed on the site.
All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.
Daily Boarding Kennels.
In a residential zoning district daily boarding kennels will be a conditional use and are only permitted as a home occupation. The boarding operation shall comply with the following regulations and all provisions of the home occupation regulations, except that a boarding kennel shall be exempt from the limitation on the use of space in and outside the home.
Must be located in the A (agriculture) zoning district.
Outdoor pens shall be located in the rear yard and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
In addition to other conditions imposed to mitigate the impact of this use, the Land Use Authority may restrict the location of any pens and the number of dogs and/or cats allowed on the site.
The number of dogs and/or cats will be limited to eight including the owner's own dogs and/or cats.
Hours of operation will be limited to 7:00 a.m. to 7:00 p.m.
All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.
Extended Care Kennels. In the A (agricultural) zoning district, an extended care kennel will be a conditional use and only permitted as a home occupation. The home occupation does not allow employees, and the operation shall comply with the following regulations.
Must be located in the A (agricultural) zoning district with a minimum of one acre of property.
Must be located in the Accident Potential Zone (APZ) easement overlay area as described, defined, and regulated in this Code and in Utah Code Sections 63M-6-201, et. seq. also known as the Utah Military Base Easements Act.
The number of dogs and/or cats, at any one time, for day care or boarding, shall be limited to 20, including the owner's dogs and/or cats. The number of dogs and/or cats, at any one time, for grooming, shall be limited to three. This use shall allow for day care, grooming, and boarding services only. Obedience, or other similar classes, and the selling of pets are not allowed under these provisions.
An extended care kennel will comply with the Davis County Health Department regulations and Davis County Animal Control regulations.
Outdoor pens shall be located in the rear yard area and shall not be closer than 100' to any neighbors dwelling and ten feet from any side or rear property line.
There shall be a minimum of 100 square feet of yard space provided for each animal kept within the extended care kennel. Said space shall be secured by a six foot solid vinyl fence or chain link fence with vinyl slats, which is adequately secured at the bottom with a concrete mow strip to prevent animals from exiting under it. Any area or use within the yard area determined to be a hazard to animals shall be secured from access and shall not be counted in the required yard space. A site plan of the parcel being used and the neighboring properties, including dwellings, shall be reviewed and approved by the City staff.
Must be located along an arterial street as defined in the Layton City Master Street Plan.
The dogs and/or cats shall be boarded indoors between the hours of 9:00 p.m. and 7:00 a.m. to avoid noise disturbances during the quiet ambient noise times. The enclosures shall have electricity and a heating source.
All dogs or cats kept or groomed at the extended care kennel shall have a current rabies vaccination.
Kennels, Boarding
Boarding kennels shall be a conditional use in the CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts, and a permitted use in the M-1 (Light Manufacturing/Industrial) and M-2 (Heavy Manufacturing/Industrial) zoning districts.
Boarding kennels shall comply with all Davis County Animal Control and Davis County Health Department regulations.
Animals shall be treated humanely and no conditions shall be maintained or permitted that are, or could be, injurious to the animal.
Animals which are kept or boarded shall be current on all required vaccinations.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animal.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition and shall be designed and constructed with materials which are easily cleaned. Additionally, all buildings, rooms, animal enclosures, cages, kennels, and runs shall be properly designed and ventilated to prevent/remove animal odors.
All buildings, and rooms used for boarding shall be enhanced with building materials, including sufficient insulation and glass thickness, to dampen or eliminate noises associated with the animals being boarded within. The sound attenuation of these buildings and rooms shall be sufficient to eliminate noises associated with boarded animals from inside any occupied residential or commercial building.
There shall be no outdoor boarding of any animal.
Outdoor animal enclosures used as exercise yards and runs associated with a boarding kennel shall be secured by a six foot solid vinyl, masonry block, or comparable fence material.
Boarding kennels with outdoor animal enclosures shall keep animals indoors between the hours of 9:00 p.m. and 7:00 a.m. Building doors and windows which lead to outdoor animal enclosures shall remain closed after entering or exiting the outdoor space to limit noise from escaping the building's interior.
Where existing residential and commercial uses are located within 200' of a boarding kennel, the number of animals in outdoor animal enclosures, exercise yards, and runs at any one time shall be limited to one animal for every 300 square feet of enclosed area, and enclosed areas shall not exceed a maximum of 2,400 square feet.
Animal waste and runoff generated by the cleaning of outdoor animal enclosures, exercise yards, and runs shall be contained on the subject property. If disposal is by a sanitary sewage system, it shall comply with all applicable City, County, and State regulations.
Outdoor animal enclosures, exercise yards and runs shall be located at least 75' from any residential uses, and from existing commercial outdoor patio areas used for eating, reception, entertainment, or other similar uses.
Animals may be walked outdoors at any time on a leash for exercise and relief provided that only three animals, per accompanied employee, may be outside at a time. Any solid animal waste shall be disposed of promptly and in a sanitary manner.
Commercial uses in manufacturing zoning districts. Retail sales shall be allowed in the M-2 zoning district as a conditional use, but shall be limited to the retail sale of goods manufactured and/or distributed by the same business, as long as:
The retail sale is confined to a floor area within the tenant space not exceeding 40% of the total floor area used by the business; and
The remaining floor area is not open to the public and is not used for commercial uses; and
The subject parcel has frontage on an arterial street with the main entrance to the business facing the arterial street.
Cemetery/Mortuary/Funeral Home. The provision of mortuary/funeral home services in appropriate locations is an important land use objective of the City. The purpose of this Section is to ensure appropriate locations for these type of facilities and preserve the character of surrounding neighborhoods.

Height, setback, and lot requirements. A mortuary/funeral home shall comply; with the height, setback, and lot requirements of the zoning district in which it is located. A mortuary/funeral home on a cemetery site in the A (agriculture) zoning district shall have a minimum of a 100' front yard setback to insure that the building is integrated into the cemetery site.
Lighting. Lighting shall comply with Section 19.06.050 of this Title.
Parking. A minimum of one space for each 40 square feet of floor area in assembly rooms.
Landscaping and Fencing. Transitional landscaping and fencing shall be provided in accordance with Section 19.16.040 of this Title and Table 16-1 entitled "Landscaping/Fencing Matrix."
Recyclable/Salvage Yards. No land or building devoted to these types of uses shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, glare, electrical, or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element, in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises.

As part of a performance standards review the use shall include in the application a description of the proposed machinery, products, and processes to be located at the site.

Recyclable/Salvage yards shall be subjected to the following restrictions.

No recyclable/salvage yard shall be located within 1000' feet of:
A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
A public or private educational facility including, but not limited to, child day-care facilities, nursery schools, pre-schools, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities. Schools include the school grounds.
A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities.
No recyclable/salvage yards shall be located within 600' of:
A boundary of a residential district as defined in the Layton City zoning code; or;
The property line of a lot devoted to a residential use as defined in the Layton City zoning code.

The following conditions shall apply to recyclable/salvage yards.

In the heavy manufacturing zone a recyclable/salvage yard shall be a conditional use and are not permitted in any other type of zoning district.
Persons who utilize the recyclable/salvage yard shall provide photo identification to the owners of the establishment who will make a copy of the identification and keep on file with the business.
Said use shall not be located in water protection zone areas as defined by Table 20-1 in Chapter 19.20 of this Title and entitled "Drinking Water Source Protection Zones."
The material to be collected shall be screened from public view. A minimum eight foot high fence is required around the storage area and includes having a canopy over stacked material. The material cannot be stacked higher than the eight foot fence.
The material being stored is screened to prevent a view of the material from a commuter rail train as per Section 19.06.110(5). Other screening devises will be required through landscaping.
The material may be required to be stored in an enclosed building if other screening devices are not workable.
The deposit or storage of toxic chemicals, radioactive materials, or metals such as freon and mercury shall be prohibited.
A background check for current and proposed employees is required as noted in Section 5.04.040.
Title loan, payday loan, deferred deposit lending, and similar businesses. Title loan, payday loan, deferred deposit lending, and similar businesses shall be located and maintained in accordance with the following standards and conditions:
Title loan, payday loan, deferred deposit lending, and similar businesses shall only be allowed as a conditional use in areas zoned CP-2 (planned community commercial) or C-H (planned highway commercial).
Title loan, payday loan, deferred deposit lending, and similar businesses shall not be located within one thousand five hundred feet (1,500') of another title loan, payday loan, deferred deposit lending, and similar business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
Title loan, payday loan, deferred deposit lending, and similar businesses shall be limited to one title loan, payday loan, deferred deposit lending, and similar business per 10,000 in Layton City population. The total population figures shall be based on the U.S. Census Bureau's report for Layton City.
The following shall only apply to title loan, payday loan, deferred deposit lending, and similar businesses that had an active business license before February 3, 2011, in Layton City.
Termination of business license. If any title loan, payday loan, deferred deposit lending or similar business fails to renew its Layton City Business License or vacates the premises, then the business and use is deemed terminated. All title loan, payday loan, deferred deposit lending, and similar businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of the Layton Municipal Code.
Relocation of existing business. Any title loan, payday loan, deferred deposit lending, and similar business existing before February 3, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.
Retail tobacco specialty businesses. Retail tobacco specialty businesses shall be located and maintained in accordance with the following standards and conditions:
Retail tobacco specialty businesses shall only be allowed as a conditional use in areas zoned C-H (planned highway commercial).
Retail tobacco specialty businesses shall not be located within 600' of another retail tobacco specialty business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
Retail tobacco specialty businesses shall not be located within 1,000' of a community location.
Retail tobacco specialty businesses shall not be located within 600' of property used or zoned for agricultural use, or residential use.
The proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, or agricultural or residential use, without regard to intervening structures or zoning districts.
Any retail tobacco specialty business that had an active business license before November 17, 2011, in Layton City maintains the right to operate as a nonconforming use.
Termination of business. If any retail tobacco specialty business fails to renew its Layton City Business License, vacates the premises, or suspends the sale of tobacco products for more than 60 consecutive days, then the business and use is deemed terminated. All retail tobacco specialty businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of Layton Municipal Code.
Relocation of existing business. Any retail tobacco specialty business existing before November 17, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.
Pet Services. All pet services shall comply with the following requirements:
Pet Services, Indoor.
General requirements.
Indoor pet services shall be a permitted use in the M-1 (Light Manufacturing/Industrial), and M-2 (Heavy Manufacturing/Industrial) zoning districts, and a conditional use in the A (Agriculture), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts.
Indoor pet services shall comply with all applicable City, Davis County Animal Control, and Davis County Health Department regulations.
All animals shall be treated humanely. No conditions shall be maintained or permitted in the premises or on the property that are, or could be, injurious to the animal.
All buildings and rooms shall be enhanced with building materials, including sufficient insulation and glass thickness, to dampen or eliminate noises associated with the animals contained within. The sound attenuation of buildings and rooms shall be sufficient to eliminate noises associated with the animals from inside any occupied residential or commercial building.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein, and shall be constructed and maintained to prevent the escape of any animal.
All buildings, rooms, animal enclosures, cages, kennels, and runs shall be maintained in a clean and sanitary condition; shall be designed and constructed with materials which are easily cleaned; and shall be properly designed and ventilated to prevent/remove animal odors.
Areas for outdoor pet activities (i.e. play/training facilities) shall not be permitted.
Animals may be walked outdoors at any time on a leash for exercise and relief provide that only three animals, per accompanied employee, may be outside at a time. Any solid animal waste shall be disposed of promptly in an appropriate and sanitary manner.
Pet day care, indoor play/training facilities, and boarding kennels requirements.
Pet day care, indoor play/training facilities, boarding kennels, and similar activities/operations shall require animals to be current on all required vaccinations.
Boarding (kenneling) may be provided only as an accessory use. There shall be no outdoor boarding of any animal. Outdoor animal enclosures used as exercise yards and runs which are associated with a boarding kennel shall not be allowed.
Veterinary clinic requirements.
Veterinary clinics shall not dispose of dead animals (cremation or otherwise) on-site. Euthanized or otherwise dead animals shall be stored in freezers until removed from the site.
A (Agriculture) zoning district requirements.
New buildings and facilities shall reflect an agricultural architectural style and form that is consistent with the area’s rural character and existing agricultural buildings.
Outdoor lighting shall be screened by shields/hoods to prevent glare onto adjacent properties.
Pet Services, Indoor/Outdoor:
General requirements.
Indoor/outdoor pet services shall be a permitted use in the M-1 (Light Manufacturing/Industrial), and M-2 (Heavy Manufacturing/Industrial) zoning districts, and a conditional use in the A (Agriculture), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), and C-H (Planned Highway Commercial) zoning districts.
Indoor/outdoor pet services shall meet all requirements of 19.14.100 (11.a.) with the exception that areas for outdoor pet activities (i.e. play/training facilities, and outdoor animal enclosures used as exercise yards and runs) may be allowed.
Outdoor play/training facilities, exercise yards and runs.
Indoor/outdoor pet service operations with outdoor animal enclosures used as outdoor play/training facilities, exercise yards and runs shall be separated from any offsite residential used or zoned property at the property line by a six foot solid vinyl, masonry block, or comparable fence.
A minimum 25’ landscape buffer shall be provided between adjoining property boundary lines and any outdoor animal enclosure. No pets or animals shall be allowed within the landscape buffer. The landscape buffer shall be planted, manicured, and maintained with evergreen trees and large shrubs. Evergreen trees shall be planted no further than 20’ apart, and planted at a minimum of six feet in height at the time of planting, with the potential to grow to at least a 25’ canopy diameter in width. Large shrubs shall be planted between evergreen trees to fill in the void spaces along the fence lines.
Primary outdoor animal enclosures shall be constructed with a minimum six foot tall transparent fence. Fencing shall be maintained to prevent the escape of any animal.
Operations with outdoor animal enclosures shall keep animals indoors between the hours of 9:00 p.m. and 7:00 a.m. Building doors and windows which lead to outdoor animal enclosures shall remain closed after entering or exiting the outdoor space to limit noise from escaping the building’s interior.
Where existing residential and commercial uses are located within 200’ of an outdoor animal enclosure the number of animals shall be limited to one animal for every 300 square feet of enclosed area.
Outdoor animal enclosures shall be located at least 75’ from any residential uses, and from existing commercial outdoor patio areas used for eating, reception, entertainment, or other similar uses.
Exterior play/training structures shall be located appropriately to prevent the escape of any animal, and shall be securely fastened/anchored to protect animals from injury.
Pet Cemetery: All pet cemeteries shall comply with the following requirements:
General requirements.
Pet cemeteries shall be a conditional use in the A (Agriculture), R (Residential), and P-B (Professional Business) zoning districts.
Pet cemeteries shall be separated from any off-site residential used or zoned property at the property line by a six foot solid vinyl, masonry block, or comparable fence.
All graves or burial lots shall be set back a minimum of 30’ from any property line or street right-of-way.
Pet crematorium. All pet crematoriums shall comply with the following requirements:
Pet crematoriums shall be used for the preparation and cremation of pets only.
The crematorium shall not be used for the disposal of any waste materials, including medical/industrial waste.
Pet crematoriums shall emit no visible emissions or odors.
Pet crematoriums shall comply with all applicable City, County, and State regulations, and shall receive all necessary approvals from applicable State and Federal agencies.

HISTORY

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

Ord. No. 97-29, Amended, 5/15/1997

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

Ord. No. 98-80, Amended, 12/17/1998

Ord. No. 99-12, Amended, 3/18/1999

Ord. No. 01-18, Amended, 4/19/2001

Ord. No. 01-41, Amended, 10/4/2001

Ord. No. 02-18, Amended, 3/21/2002

Ord. No. 03-49, Amended, 11/6/2003

Ord. No. 03-49, Amended, 11/20/2003

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

Ord. No. 06-56, Amended, 12/7/2006

Ord. No. 09-20, Amended, 11/5/2009

Ord. No. 11-03, Amended, 3/17/2011

Ord. No. 12-16, Amended, 5/17/2012

Ord. No. 13-08, Amended, 4/18/2013

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

Ord. No. 18-08, Amended, 3/20/2018

Ord. No. 18-23, Amended, 6/21/2018