Layton City City Zoning Code

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

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.

1. 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.
2. 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.
3. 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.
4. 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.

1. 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.

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

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

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

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

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.

1. 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:
2. The building permit for the permanent structure has been issued.
3. Temporary structures must be completely skirted.
4. Temporary structures shall comply with the setbacks for the zoning district.
5. Temporary structures must be located outside of all clear view areas as defined in Section 19.16.080.
6. The temporary structure will be removed from the premises within 14 days of occupancy of the permanent structure.
7. 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

1. 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

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:

1. 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;
2. Is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community and the neighborhood;
3. 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
4. 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

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:

1. Conditions relating to compliance with the intent of the comprehensive plan and characteristics of the zoning district.
2. The placement of conditional uses only in specific areas of a zoning district, e.g., along an arterial or collector street.
3. The removal of structures, debris, or plant materials incompatible with the desired characteristics of the zoning district.
4. The screening of yards or other areas as protection from obnoxious land uses and activities.
5. Landscaping to insure compatibility with the intended neighboring land uses.
6. 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.
7. 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.
8. 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.
9. Other improvements which serve the property and which may mitigate, in part or in whole, reasonably anticipated detrimental effects of the proposed use.
10. 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.
11. Conditions relating to safety for persons and property.
12. Building elevation and grading plans which will prevent or minimize flood water damage, where property may be subject to flooding.
13. The relocation, covering, or fencing of irrigation ditches, drainage channels, and other potential attractive nuisances existing on or adjacent to the property.
14. 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.
15. 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.
16. 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.
17. Plans for the location, arrangement, and dimensions of truck loading and unloading facilities.
18. Construction of curbs, gutters, drainage culverts, sidewalks, streets, fire hydrants, and street lighting.
19. Conditions relating to health and sanitation.
20. A guarantee of sufficient water to serve the intended land use and a water delivery system meeting standards adopted by the City.
21. A wastewater disposal system and a solid waste disposal system meeting standards adopted by the City.
22. 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.
23. Conditions relating to environmental concerns.
24. Limitations and/or restrictions on the use and/or location of uses in sensitive areas due to soils capabilities, wildlife, and plant life.
25. 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.
26. The planting of ground cover or other surfacing to prevent dust and erosion.
27. 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