The purpose of this Chapter is to promote the health, safety, and general welfare of the public by enhancing the development and open space areas with landscaping and vegetation while encouraging efficient use of water. More specifically this Chapter functions to:

• preserve and enhance the aesthetic quality of neighborhoods and commercial areas;

• maintain and strengthen a positive visual identity of Layton City;

• enhance the appearance of parking lots visible from public streets;

• enhance and protect property values;

• lessen the impact of noise, dust, debris, heat, wind, and air;

• lessen the problems of motor vehicle light glare or other artificial light intrusions;

• promote water efficient landscaping to conserve water and reduce demand for current and future water resources;

• reduce the level of carbon dioxide created from automobiles and development and return pure oxygen to the atmosphere;

• provide shade, reduce the heat island effect (reflective heat from impervious surfaces), and lessen energy consumption;

• buffer and screen undesirable uses and appearances from adjacent properties;

• reduce the rate and volume of storm water runoff, and enhance the quality of storm water runoff;

• act as a natural drainage system and lessen drainage problems; and 

• promote healthy outdoor recreational activities.

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. 21-07, Enacted 6/17/2021

1. The requirements of this chapter shall be considered a minimum and shall apply to both public and private development. Compliance with landscaping requirements shall be required under the following situations and criteria:
2. All new construction/development requiring a building permit.
3. Addition and/or expansion of building(s), use, or parking area(s) for commercial, industrial, mixed-use, and/or multi-family sites.
4. Compliance with this chapter shall be required when an addition and/or expansion exceeds the present size of a building or parking area as listed in Table 16.20-1.

Table 16.20-1

1. Exterior/Interior Remodel for commercial, industrial, mixed-use, and/or multi-family sites.
2. Compliance with this chapter shall be required when the proposed construction costs meet or exceed the percentage of the building value as listed in Table 16.20-2.
3. The value of the building shall be established based on the most recent market valuation notice issued by Davis County; or
4. if a market valuation notice is not available and/or cannot be provided, the applicant may submit a building appraisal that has been completed by a licensed appraiser within 90 days prior to the submission of the building permit application.
5. Estimated construction costs shall not include the cost of retail shelves/racking, solar PV systems, reroofing, seismic upgrades, ADA compliance, and/or safety improvements required by the building and/or fire code as approved by the Community and Economic Development Director or designee.

Table 16.20-2

1. When landscaping compliance is required in a proportional amount, preference shall be given to park strips and areas where turf grass is not permitted as outlined in 19.16.036(1).
2. Proportional landscape compliance shall apply to the portions of landscape that are not compliant with the landscape standards as outlined in this chapter.
3. Agriculture structures associated with a bona fide agricultural use within an A Zone and an accessory structure associated with a commercial or industrial use that does not exceed 1,000 square feet, shall be exempt from the standards of this chapter.
4. The required landscaping percentage shall be strictly followed; however, the Land Use Authority may reduce the percentage requirement through a landscape modification process. Exceptions shall be limited in their application and shall be based on the following criteria:
5. there is a physical hardship associated with the property that results in a unique circumstance that does not generally apply to other similar properties;
6. the proposed reduction in landscape area shall be mitigated through enhanced landscaping improvements and/or the provision of amenity areas that exceed the minimum standards of this chapter;
7. exceptions shall not be granted for the sole reason of providing additional building area, increasing residential density on a property, or meeting the minimum off-street parking stall requirement.
8. Any landscape component associated with a property's approved landscape that does not survive or is in need of repair shall be addressed promptly. Replacement trees and plantings shall be of a like kind and species of tree(s) and plantings removed. The removal and replacement of existing trees, with the exception of invasive tree species, shall only be permitted with prior approval by the Community and Economic Development Director, or designee and under the following criteria:
9. disease, which shall require a written recommendation from an arborist stating the disease and reason for removal;
10. sidewalk buckling;
11. approved building expansion;
12. interference and/or conflict with public utilities or public right-of-way; or
13. health and safety of individuals and/or surrounding properties including but not limited to clear view requirements.

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. 21-07, Amended 6/17/2021

Ord. No. 23-01, Amended 2/16/2023

1. The following completion standards apply to all commercial, industrial, mixed-use, multi-family, townhome, community use, PRUD developments, and common areas managed by a homeowner’s association or community association.
2. Landscaping, plantings, sprinkling systems, walls, fences, and/or screening structures, shall be installed in accordance with approved final site plan / development plan(s) prior to issuance of a business license and/or any occupancy permit. If the installation of any of these improvements cannot be completed due to weather, including drought conditions or other circumstances beyond the control of the owner or developer, a Temporary Certificate of Occupancy may be issued if a Performance Security and Deferral Agreement is signed by the developer or owner which shall guarantee completion of all unfinished improvements. Such agreement shall be on a form provided by the City and shall be reviewed and approved by appropriate City staff. The agreement shall include the following:
3. projects for which a landscape bond has not previously been required shall require a cash bond equivalent to 125% of the estimated cost of improvements;
4. a time schedule for the completion of landscaping and fencing improvements shall be provided by the developer. In no case shall the allowed time exceed 180 days following the completion of building construction.
5. If not completed at the time set forth in the agreement, the City will review the progress and may proceed to use the bond funds to make the landscaping and fencing improvements in accordance with the approved plan.
6. Ten percent of the bond shall be retained as an attrition bond by the City for an additional one year to verify that landscaping and trees survive, or to replace remaining landscaping features or plants that do not meet the standards of this chapter.
7. Substantial installation changes that vary from the approved landscape plan shall require a resubmittal of or amendment to the approved landscape plan.
8. A minor change entails the substitution of a specified plant(s) for substitute plant(s) with similar water use requirements, or reasonable variation in the ground placement of a planting or from the landscape plan proposed location that meets the design intent of the landscape plan, as determined by the Zoning Administrator or designee.
9. Landscaping shall be completed for detached single family dwellings on individual lots within a period of one year for the front yard area and a period of two years for the rear yard area. The deadline for landscaping completion is measured from the time of final certificate of occupancy is issued as further described in 19.16.038.
10. All landscaping areas on single family residential lots with slopes greater than ten percent shall be completed within a period of one year.

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. 21-07, Amended 6/17/2021

Ord. No. 23-01, Amended 2/16/2023

1. General Landscape Plan Requirements.
2. Landscape plans for all commercial, industrial, mixed-use, multi-family, townhome, community use and PRUD developments, and common areas managed by a homeowner’s association or community association shall be prepared and stamped by a Licensed Landscape Architect registered with the State of Utah (common areas for residential developments).
3. Preliminary landscape plan(s) shall be submitted prior to, or included with, the submittal for a development plan or preliminary plat. Final landscape plan(s) shall be submitted following approval of preliminary landscape plan(s) with a final application.
4. Landscape plans and details shall be drawn to-scale and in a professional manner with credible representations of planting specifications and site features and shall include the following; a north arrow, all buildings, parking lots, streets, sidewalks, walkways, detention areas, existing vegetation, and utilities shall be shown for reference and orientation.
5. Landscape plans shall be of adequate size and detail so the decision making body can see the land area to be planted and the appearance of plantings at 75% of mature growth.
6. Development Staff may reject plans which do not contain the minimum requirements outlined in this section.
7. Preliminary Landscape Plan. Preliminary landscape plans shall depict general ground coverage type (such as mulch, turf, or hardscape areas) and typical planting types (such as plant bed areas, turf areas, evergreen trees, or deciduous trees), with a summary of the area for each landscape surface type as a percentage of the total site.
8. Planting Schedule. The preliminary landscape plan shall be accompanied by a planting schedule that identifies the following:
9. common name and scientific name of each plant species;
10. the size and type of plant material to be installed;
11. identification of plant materials that are included on the Weber Basin Water Conservancy District (WBWCD) recommended plant list as required in 19.16.036.1.g.
12. Final Landscape Plan. Final landscape plans shall include specific landscape surface types and areas, an irrigation installation plan, and the construction design and detailed specifications of fencing or other landscape structures or features.
13. The landscape plan shall include notation and description of post-construction soil scarification and soil amendment and tilling to be included as part of the landscape installation (see 19.16.036.1.h).
14. Tabulation showing the percentage of plants shown in the WBWCD recommended plant list.
15. Irrigation Plan. The irrigation plan shall show the irrigation zones, sprinkler head locations and types, drip irrigation plan, and water mains and valves consistent with the final landscape plan design. Sprinkler heads, bubblers and emitters shall be specified to not exceed the sufficient amount of water required for proper plant growth and survival. 
16. Owner Acknowledgement. The landscape plan shall include an owner acknowledgement stating that the project developer/owner representative approves of the landscape plan, and agrees to pay the required bond fee and complete landscape installation as required in this Chapter. The Owner Acknowledgement shall be signed and dated prior to approval of the final landscape plan.

HISTORY:

Ord. No. 21-07, Adopted 6/17/2021

1. Planting Design Standards. The following standards apply to all commercial, industrial, mixed-use, multi-family, townhome, community use and PRUD developments, and common areas managed by a homeowner's association or community association: 
2. the maximum percentage of turf grass (lawn) area applied to nonresidential uses, and townhome, multi-family, or mixed-use residential development landscape areas shall be 15%, except for additional turf grass area that may be applied to outdoor recreational use areas or a quasi-public facility such as a cemetery; 
3. turf grass area applied to a single family residential use within a PRUD development shall be limited to 35% of the total landscape area of the lot; 
4. turf grass shall not be installed in areas less than eight feet wide; 
5. turf grass shall not be allowed in landscape buffers, parking lot landscaping and other planted bed landscape areas; 
6. turf grass shall not be allowed on slopes with a grade over 25%; 
7. at least 80% of shrubs and ornamental grasses shall be planted and maintained in groupings of at least three to increase the microclimate shade area above plant root zones, and to provide a pleasing and balanced aesthetic of plant material massing in the landscape. Groupings may consist of straight rows, grids or triangulation planting patterns;
8. Water-wise plant materials. At least 90% of the plants and trees specified for a project landscape plan shall be selected from the WBWCD recommended plant list. These plant materials are suitable for the local climate with respect to temperature ranges and moderate to high drought tolerance; 
9. Soil Scarification, Soil Amendments, and Tilling. 
10. Soil scarification, the process of breaking up soil by fracturing or tilling, is required to a depth of at least six inches to allow for water and air exchange in soil following site work compaction. 
11. Soil amendments (organic material) shall also be added and tilled into the soil to a minimum depth of six inches to increase organic content and improve water retention. 
12. Soil amendment type and quantity shall be recommended by the Landscape Architect (designer) based on a review of the soil conditions. 
13. All buildings shall incorporate plant beds with foundational plantings along elevations visible from street(s), except where pedestrian and loading access approaches require a paved surface, patio or walkway adjacent to the building. 
14. The typical plant bed width shall be a minimum of three feet; the minimum plant bed width shall be one and a half feet for ornamental grasses, perennials, and ground covers, and one foot for planters for climbing vines. 
15. Plant beds may be substituted by planters and streetscape amenities as approved by the Zoning Administrator and detailed in Table 16-1, Footnote 5 - Urban Streetscape Alternative. 
16. Deciduous trees shall have a minimum two inch caliper trunk measured at a height of 48" and coniferous trees shall be balled and burlapped and a minimum of 48" in height. All heights to be measured from the finished landscape surface. 
17. Irrigation Design Standards. 
18. Irrigation Controller. Landscaped areas shall be provided with a WaterSense labeled smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. All controllers shall be equipped with automatic rain delay or rain shut-off capabilities (WBWCD). 
19. Each valve shall irrigate a landscape with similar site, slope and soil conditions, and plant materials with similar watering needs. Turf and non-turf areas shall be irrigated on separate valves. Drip emitters and sprinklers shall be placed on separate valves (WBWCD). 
20. Drip emitters or bubblers shall be provided for each tree planted in landscape beds. Bubblers shall not exceed one and a half gallons per minute per device. Bubblers for trees shall be placed on a separate valve unless specifically exempted by the City due to the limited number of trees on the project site. 
21. Drip irrigation or bubblers shall be used to irrigate plants in all non-turf areas. 
22. Pop-up spray heads shall be at a minimum of four inches in height to clear turf. 
23. Sprinklers shall have matched precipitation rates with each control valve circuit. 
24. Sprinkler heads shall be attached to rigid lateral lines with flexible material (swing joints) to reduce potential for breakage. 
25. Valves with spray or stream sprinklers shall be scheduled to operate between 6 p.m. and 10 a.m. to reduce water loss from wind and evaporation. 
26. Valves shall be programmed for multiple repeat cycles where necessary to reduce runoff, particularly on slopes and soils with slow infiltration rates.

HISTORY:

Ord. No. 21-07, Adopted 6/17/2021

1. Homebuilders and/or developers subdividing lots and/or constructing new single-family residential homes shall offer a water-efficient landscaping option to prospective homebuyers, consistent with the standards provided in 19.16.035, 19.16.036, 19.16.050, and 19.16.070. The water-efficient landscaping option shall meet the Landscape Design Standards and Irrigation Design Standards of this ordinance, and the turf area shall not exceed 35% of the total landscaped area.
2. Homebuilders and/or developers who construct model homes for a designated subdivision shall have at least one model home with water-efficient landscaping, consistent with the standards outlined in number one above.
3. Model homes shall have landscaping and irrigation plans approved by the City Planning Department prior to issuance of building permits, for which no variance may be granted, and which meet the aforementioned requirements.
4. Model homes shall include an informational brochure on water-efficient landscaping to be obtained from the City Planning Department.
5. As of June 17, 2021, any Homeowners Association governing documents, such as bylaws, operating rules, covenants, conditions, and restrictions that govern the operation of a common interest development, are void and unenforceable if they:
6. require the use of turf in landscape areas in a manner that is inconsistent with the requirements of this Chapter; or
7. prohibit, or include conditions that have the effect of prohibiting, the use of water-conserving plants as a group; or
8. have the effect of prohibiting or restricting compliance with this ordinance or other water conservation measures.

HISTORY:

Ord. No. 21-07, Adopted 6/17/2021

1. As required in 19.16.030.2, landscaping shall be completed for detached single family dwellings on individual lots within a period of one year for the front yard area and a period of two years for the rear yard area beginning at the time of final certificate of occupancy is issued.
2. Landscaping areas on single family residential lots with slopes greater than ten percent shall be completed within a period of one year.
3. Landscaping shall be installed in front yards between the front line of the house and the front property line along the entire width of the property, excluding the driveway. On corner lots, landscaping shall be installed in all areas between the property line and the side of the house between the front and rear property lines which are visible from the public right-of-way.
4. The net landscaped area in a front yard shall include:
5. a minimum of one tree;
6. 50% coverage of plant materials using a combination of shrubs, annual plants, perennial plants, ground cover, and/or turf grass. Species, size, and placement of landscape elements shall be determined by the homeowner.
7. The following park strip design and landscaping standards shall apply: 

No more than 50% of the park strip may be poured concrete or similar solid paving surface for driveway, walkway approaches, and vehicle drop off areas. Asphalt is not allowed in the park strip. Rock or bark mulch may be used in single family residential park strips. To prevent mulch from spreading onto sidewalks or street areas, bark/wood mulch and pea gravel or similar rock mulch less than a minimum sorted size of one inch, shall not be allowed in the park strip or adjacent to a street or sidewalk, except for the following:

i. rock mulch of the same type, color and texture may include a variety of cobble sizes; or 

ii. crushed aggregate fines intended for pathway, or similar application may be applied.

1. Where secondary water is not available, at the time the water supply line to a house is installed, the builder shall furnish and install a stop-and-waste valve with an access sleeve and capped mainline to the surface to facilitate future sprinkler system installation. The stop-and-waste valve may also be located inside the home with a mainline extended to the exterior of the foundation wall and capped (see Development Plan Requirements in Section 19.13.050.3.f.iii)
2. It is highly recommended, but not required, that single family residential properties install a water-wise landscape using the following elements:
3. soil scarification and soil amendment as outlined in 19.16.036.1.i;
4. irrigation design standards as outlined in 19.16.036.2;
5. park strip design as outlined in 19.16.070.a. and 19.16.075;
6. turf grass should not exceed 35% of the lot landscape area property and not placed in an area less than eight feet wide as outlined in 19.16.036.1.c;
7. 90% of plant materials should be water-wise as outlined in the WBWCD recommended plant list as outlined in 19.16.036.1.h;
8. rock/bark mulch used in plant beds should have a depth of three to four inches to prevent weed growth and retain soil moisture as outlined in 19.16.050.2.

HISTORY:

Ord. No. 21-07, Adopted 6/17/2021

1. Landscape Transitional Buffers and Street Frontage Landscaping. Landscape buffers are intended to reduce the visual and sound impacts that may require mitigation between two or more land uses, and street frontage landscaping areas are intended to improve visual character along streets fronted by commercial or multi-family development. Table 16-1 provides standards for landscape buffer types required between specified uses, and street frontage landscaping areas.
2. Cross Access Exception to Landscape Buffer Requirement. Rear or side interior property boundaries of commercial, mixed-use, and multi-family parcels or lots do not require a landscape buffer when shared or cross access is provided between property parking areas. This provision is intended to improve vehicle and pedestrian circulation, and provide for shared or joint-use parking between uses as provided in Section 19.12.090.
3. Building Setbacks. Landscape buffers and street frontage landscaping areas refer to landscaping requirements only; see Tables 5-1 and 5-2 or specific zone district standards for applicable building setbacks including multi-family residential and mixed use development in Chapter 19.25 MU (MU/TOD), townhomes in 19.24 C-TH, and planned residential unit development (single family homes and townhomes) in 19.08 PRUD Overlay Zone.
4. Fencing shall be generally located between the required landscape buffer and the adjacent property, and shall comply with the standards provided in 19.06.080.
5. Street Frontage Landscaping Area. Landscaping is required along street fronting properties in the R-M, R-H, PB, B-RP, C, M, MU, and MU-TOD zoning districts, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located between the edge of the sidewalk or public street right-of-way line where no sidewalk exists, and the parking area or structure.
6. Buffer Type A (Subdivision Arterial/Collector Street Buffer). This is applicable to single family residential subdivisions that back or side to arterial streets and collector streets (see section 19.16.090).
7. Buffer Type B (PRUD Parking Area/Shared Drive Buffer). This is applicable in PRUD developments where parking lots and drives are adjacent to single family residential uses (see section 19.08.090.7).
8. Buffer Type C or Buffer Type D is required when commercial, mixed-use, multi-family, townhome or community use development is adjacent to all existing and future residential uses (other than mixed-use development) and community uses, except when the side or rear property boundary of residential development is a shared private drive or alley.
9. Buffer Type E (High-Impact Mitigation Buffer). This is required for land uses and development features with high-impact noise emissions adjacent to existing and future residential areas. Uses and development features considered to emit high noise levels include but are not limited to the following: Pet Services/Indoor Outdoor (see 19.14.100.11); Outdoor Contractor Storage Yard; Towing Services; truck loading areas adjacent to commercial buildings; mechanical exhaust equipment from interior industrial services; utility sub-stations or equivalent intensive uses; and development features as determined by the Land Use Authority.

Table 16-1 (Standards indicate a minimum landscaping or buffer width, fencing height, and tree spacing distance.) Trees shall be consistent with the requirements of Table 16-2 - Permitted Street Trees based on the width/depth of the landscaping/buffer area.

Table 16-1 Footnotes:

1. The minimum height of all trees associated with landscape buffers shall be 20' at mature growth and compliant with the requirements of 19.16.075.
2. Urban Streetscape Alternative. Buildings in the MU, MU/TOD or commercial zones located close to the street with entrances connecting to the sidewalk may substitute landscape area for a wider sidewalk and streetscape consistent with a walkable urban environment for pedestrians (see Chapter 19.25 - MU/MUTOD streetscape requirements).

• A streetscape design shall be proposed with the Landscape Plan and submitted for review by Development Staff. The design shall demonstrate placement of streetscape amenities such as street trees with grate covers, street furniture, planters, bike racks, and space for outdoor activities or displays.

• Street trees shall be planted every 30' under this alternative.

• Plant materials shall be incorporated along at least 40% of the street-fronting building foundation in plant beds or planters to soften the hardscape edge between a sidewalk or patio and the building frontage. This requirement may be waived by the Zoning Administrator where outdoor seating, bike racks, display areas, or other amenities may be provided.

1. Trees planted every 50' or portion thereof greater than 25'. The Zoning Administrator may approve clustering of trees in special circumstances including but not limited to preserving clear view areas, eliminating conflicts with utilities, and etc.
2. Six Foot Masonry Fence/Wall Requirements. A six-foot masonry fence shall be required for the following specific uses and development features when adjacent to existing and future single family residential uses:

a. Drives or alleys accessing rear garages of townhome or multi-family buildings that may also include parallel parking spaces on one side of the drive (does not apply when the alley is shared between townhome or multi-family and single family residential uses).

1. Eight Foot Masonry Fence/Wall Requirements.
2. An eight-foot masonry fence/wall shall be required for the following uses and development features:

i. commercial or multi-family parking lot(s) serving more than 24 vehicles adjacent to existing and future single family residential uses, not including drives or alleys accessing rear garages that may include parallel parking spaces;

ii. commercial or mixed-use truck loading areas adjacent to existing and future single family residential uses;

iii. outdoor recreation areas adjacent to existing and future single family residential uses, associated with multi-family residential or townhome development designed for the congregation of more than 10 individuals at one time; or equivalent intensive uses and development features as determined by the Land Use Authority.

b. The fence/wall shall be installed along the entire perimeter on the inside edge of the buffer area.

c. For residential developments adjacent to Layton Parkway, a minimum eight foot decorative masonry wall shall be installed along the entire perimeter on the inside edge of the landscape buffer area. The design and color of the masonry wall shall be consistent with the existing wall design as approved by the City Engineer.

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. 21-07, Amended 6/17/2021

Ord. No. 22-01, Amended 2/17/2022

The following standards apply to all commercial, industrial, mixed-use, multi-family, townhome, community use, PRUD developments, and common areas managed by a homeowner's association or community association.

1. Landscape plant bed areas shall contain plant materials that cover at 50% of the landscape surface at mature growth.
2. When calculating plant coverage percentage areas, plants may be measured at mature spread, including coniferous trees with branches that clear no more than 30" above the ground. Deciduous trees shall not be included in plant coverage calculation.
3. Plants shall conform with clear view requirements provided in section 19.16.110.
4. When applying rock or bark mulch into a plant bed, the minimum depth shall be at least three inches to minimize weed growth and to maximize moisture retention in soil.
5. If landscape fabric is used, it shall be heavy duty with a minimum five-ounce thickness, applied beneath mulch areas in plant beds, installed so that edges are not visible.
6. Only one type of bark or rock mulch material shall be allowed in a landscape bed area, unless separated by a durable curb material with sufficient thickness to maintain separation between mulch types.

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

Ord. No. 21-07, Amended 6/17/2021

Ord. No. 23-02, Amended 1/5/2023

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. 21-7, Repealed 6/17/2021

The following standards apply to all commercial, industrial, mixed-use, multi-family, townhome, community use, PRUD developments, and common areas managed by a homeowner's association or community association.

The planted landscape strip (park strip) between any public or private street and fronting property is the area between the sidewalk and the street-side back of curb or street edge.

Park strip areas shall be landscaped with plantings permitted by this chapter.

Perpetual maintenance of the surface materials and plant materials in the park strip shall be the responsibility of the abutting property owner.

Park strip landscaping shall not be counted as part of the required percentage of landscaping for each private property.

1. Street Tree Requirements. Street trees shall be planted within the park strip, or if no park strip exists, on the property next to the public right-of-way or public/private street edge (landscape frontage), in accordance with the following:
2. street trees shall be planted within park strips or on the adjacent property within ten feet of the public right- of- way. Street trees shall not be planted within a park strip that is less than four and a half feet in width;
3. street trees shall be planted along both sides of all streets every 30' on center; spacing of the trees may vary; the maximum spacing is 40';
4. street trees shall be selected in accordance with the Permitted Trees within Park Strips and along Frontages, section 19.16.075;
5. in the event that any of the trees or shrubs die or do not adequately grow, they shall be promptly replaced to perpetually remain in compliance with the approved landscape plan;
6. street trees shall be planted no closer than five feet from any culinary or secondary water lines, and no closer than 20' of street lights;
7. tree species shall vary along block faces to create a unique street identity, to provide visual variety, and to promote the health of the City's urban forestry;
8. where buildings are allowed closer to streets, street trees shall be designed, specified, and planted with sufficient spacing from buildings to prevent negative impact from tree branches at mature growth.
9. Park Strip Planting and Landscaping Requirements. The street tree standards provided in section 19.16.075 and plant bed planting and design standards provided in section 19.16.050 shall apply to park strip areas in addition to the following park strip area requirements:
10. residential and commercial park strips shall be planted with live plant material to a minimum of 50% coverage of landscape area with plant foliage at mature growth, in accordance with the following additional design standards:
11. shrubs and other plant material located within the park strip shall not exceed two feet in height at maturity;
12. potentially hazardous plant material and/or containing thorns or spikes shall be prohibited.
13. to prevent mulch from spreading onto sidewalks or street areas, bark/wood mulch and pea gravel or similar rock mulch less than a minimum sorted size of one inch, shall not be allowed in the park strip or adjacent to a street or sidewalk, except for the following:
14. rock mulch of the same type, color and texture may include a variety of cobble sizes; or
15. crushed aggregate fines intended for pathway, outdoor patio surfaces, or similar application may be applied.
16. decorative boulders and similar features shall be less than 18" in height.
17. No more than 50% of the park strip may be poured concrete or similar solid paving surface for driveway, walkway approaches, and vehicle drop off areas. Asphalt is not allowed in the park strip. The park strip may be paved by more than 50% and incorporate tree wells and planters when directly fronted by commercial or mixed-use buildings.

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. 21-07, Amended 6/17/2021

Ord. No. 23-02, Amended 1/5/2023

1. The planting of any tree within a park strip shall be done in compliance with the following:
2. the tree shall be planted so it is centered between the curb and sidewalk;
3. the tree shall be located so as not to violate the clear view requirements of this Title;
4. the tree to be planted shall be a tree listed in Table 16-2 and designated based on the width of the park strip;
5. the tree shall be maintained to ensure proper clearance above the sidewalk and street, distance from overhead powerlines, and so that its growth does not damage public improvements, such as curb, gutter, and sidewalk; and
6. before planting of trees the adjacent property owner shall contact blue stakes or a utility locating company to locate underground utilities within the park strip.
7. The planting or maintaining of a tree in accordance with this Section does not alleviate the property owner of the liability or responsibility of any damage caused to public improvements or any other responsibility of owning or having control over the property on which the tree is located. Property owners are responsible for the damage caused to public improvements by vegetation on their property or planted by them. The maintenance and correction process is addressed in Chapter 12.28 of the Layton Municipal Code.
8. If a person wishes the City to consider the addition of a tree to Table 16-2, such request is to be in writing to the Director of the Community and Economic Development Department. The writing must contain sufficient detail and information regarding the tree and illustrate its comparable nature to the trees currently on the list. The Director or designee will notify the person of the decision. If the request is denied, the person can file an appeal of that decision to the City Manager within ten days of the denial. The City Manager will review the Department's decision to determine whether that decision is supported by substantial evidence. Based on that standard, the City Manager may affirm, modify, or reverse the Department's decision. The City Manager's decision is final.

HISTORY

Ord. No. 16-03, Enacted, 1/7/2016

Ord. 21-07, Amended 6/17/2021

Fences and Walls. This section is provided to create minimum and maximum fencing standards for residential, commercial, mixed-use, and community use areas within Layton City. These standards are applicable to all public and private development, unless otherwise specifically stated.

1. Fence Maintenance. All fencing shall be continually maintained in structurally sound, plumb, and safe condition, including appropriate and regular maintenance of the fence surfaces, by the property owners abutting fence.
2. Repairs and patching shall consist of similar fencing materials and shall blend with the fence.
3. If a fence or wall is more than 20 degrees beyond plumb or determined so by the Chief Building Official, it shall be considered structurally unsafe.
4. Graffiti shall be removed within 48 hours.
5. Fence Height Measurement.
6. Fence height shall be measured from the finished grade to the highest point of the fence. "Finished grade" means the average finished grade of the property nearest the fence.
7. Fence posts, gate posts, pillars, and support columns may extend 12" above the maximum fence height when separated by at least six feet of fencing.
8. Grade Differential. In instances where there is a grade differential along a property line separating two lots as a result of a retaining wall or topographic feature, a fence, wall, or other permitted screening device may be erected to the maximum height permitted on either side of the property line. Also, in instances where a fence runs along a sloped property line, a pre-manufactured rectangular fence panel of up to ten feet in length or less may be installed horizontally to vertical posts such that one end of the panel is at grade level, and the other end is no more than two-tenths of a foot above grade level for each linear foot of fence panel. The area beneath the bottom of the fence and the ground may be filled or remain open, and the panel height may be the maximum permitted on either side of the property line.
9. Fencing Height Transition. Where fencing height differences may occur at intersections or along the continuous alignment of a fencing course, a transition from one fencing height to the other may be constructed as an exception to the maximum fence height at such locations.
10. Prohibited Fences:
11. razor wire;
12. electrically charged fencing, unless associated with an agricultural operation and in conformity with safe practices;
13. highly reflective or metallic fencing or wall materials; tarps, stacked debris or similar materials are not permitted as fencing or wall material; or;
14. barbed wire, unless associated with an agricultural operation.
15. Barbed wire. Fences containing strands of barbed wire are prohibited in all zoning districts excepting the agricultural zoning district, unless specifically approved by the Zoning Administrator for security purposes.
16. Fence or Wall Structural Design. A building permit and engineering specifications are required for a fence over seven feet in height, or as required by the current version of the International Building Code or International Residential Code. A building permit is required for all retaining walls four feet in height or greater (measured from the bottom of the foundation to the top of the wall) and must be designed by a licensed professional engineer in the state of Utah.
17. Any wall or fence that is required by the Land Use Authority or City Staff shall be installed according to the manufacturer's specifications or in accordance with best engineering practices. Any masonry wall that is required over four feet in height shall be certified as structurally sound by an engineer licensed to practice in the state of Utah.
18. In certain unusual circumstances of topography, or to alleviate certain specific problems, i.e., the blocking of glare, muting of noise, etc., the Land Use Authority may require the use of an earth berm or more specialized fence material or fence height in lieu of, or in combination with, any of the fence types set forth in the Transitional Landscaping Buffers (see 19.16.040).
19. Chain Link Fences. In addition to the limitations provided in 19.16.080.3 above, all chain link fences shall be constructed according to the following minimum standards: 11 gauge wire mesh, two inch line posts; three and one-half inch terminal and corner posts; and all posts to be spaced at not more than ten feet; all posts shall be placed in a concrete footing to a depth of not less than 18"; a top rail or tension wire; tension bars at corner and terminal posts; all parts are to be of galvanized steel. The minimum standards for the posts and the mesh may be required to be increased if slatting is also required. 
20. Temporary Fences. A temporary fence may be approved by the Director for the purpose of protecting or securing a site in conjunction with an active building permit, demolition permit, site clean-up permit, special event permit, or other similar type of permit. The duration of use shall be stated in the application for the applicable permit.
21. A temporary fence may be up to seven feet in height, may be located in all yards, and shall not block or impede public property or rights- of- way without express written approval from the Zoning Administrator.
22. All fences, hedges, and/or walls, and landscaping shall be compliant with clear view regulations as defined in 19.16.110.
23. No fence, whether of wood, metal, masonry, or concrete, nor other obstruction including shrubbery, nor any combination of materials, shall be erected or maintained which blocks the gated or through-access from a front yard through both sides to the rear yard.
24. Construction of fences and retaining walls must meet applicable requirements of Title 15 of this Code. For construction of all fences or free standing walls over seven feet and retaining walls over four feet, a building permit must be secured.
25. Vacant Lots. For the purpose of this section, it shall be presumed that a vacant lot shall contain a minimum front, side, and rear yard that are otherwise required by ordinance. In any required side and rear yard on vacant lots, the maximum height of fences or other similar structures shall be six feet.
26. Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots, such retaining walls may be topped by a fence, wall, or of the same height that would otherwise be permitted at the location if no retaining wall existed.
27. Fences for uses such as tennis or sports courts may be a maximum of 15' height if the fence meets all of the required setbacks for an accessory building in the zoning district in which it is located.
28. Residential Fencing Standard:
29. Front Yards:
30. in front yards, fencing height shall not exceed three feet for solid fences, and four feet for open style fences (from the building line to right-of-way), except for the following:
31. patio enclosures for townhomes or multi-family residential uses (see Chapters 19.24 and 19.25).
32. a gate entrance into the front yard from the street may be taller than the maximum height, and may include features such as an overhead trellis or cover feature, but in no case shall exceed nine feet.
33. Side and Rear Yards:
34. fencing in interior side or rear yards shall not exceed a height of eight feet, excluding any corner side yard area.
35. Corner Lots:
36. in the corner side yard street fronting area, a solid fence or wall located within the side setback is permitted provided the fence or wall does not exceed a maximum height of six feet, and shall be located outside of the minimum clear view as defined in 19.16.110.4, and is located behind the front plane of the primary building structure.
37. Commercial Fencing Standards:
38. Front Yards:
39. in front yards, fencing height shall not exceed three feet for solid fences, and four feet for open style (semi-transparent) fences (from the building line to right-of-way);
40. a gate entrance into the front yard from the street may be taller than the maximum height, and may include features such as an overhead trellis or cover feature, but in no case shall exceed 12 feet;
41. fencing behind the minimum required eight-foot street-side landscape area may be greater than six feet along front yards and corner side yards.
42. Side and Rear Yards:
43. Fencing in interior side or rear yards shall not exceed a height of eight feet, excluding any corner side yard area.;
44. The Zoning Administrator may grant a special permit for fencing that screens utilities or intensive industrial uses in excess of eight feet.
45. Corner Lots:
46. In the side yard front on a street, a solid fence or wall located within the side setback is permitted provided the fence or wall does not exceed a maximum height of six feet, and shall be located outside of the minimum clear view as defined in 19.16.110.4, and is located behind the front plane of the primary building structure.
47. Exceptions: The provisions of this Section shall not apply to: fences required by state law to surround or enclose public utility installations, public schools, or other public buildings.

HISTORY

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

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

Ord. No. 00-05, Amended, 2/3/2000

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

Ord. No. 09-09, Amended, 7/16/2009

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

Ord. No. 21-07, Amended 6/17/2021

1. The following provisions shall govern double frontage lots/parcels in the R-S and R-1 zoning districts when the rear yard backs onto or an exterior side yard faces an arterial street and/or collector street.
2. A strip of land directly adjacent to the right-of-way line of the arterial street and collector street shall be set aside to provide a landscape buffer to enhance the arterial streetscape and mitigate the impacts of arterial and collector streets adjacent to the rear or side of a lot.
3. The landscape buffer shall extend the full length of the development along rear and exterior side property boundaries. The construction of driveway approaches and vehicle accesses shall not be permitted within the required landscape buffer.
4. The landscape buffer area shall be identified on the recordation plat as maintained and owned in common by a homeowners association (HOA).
5. in exchange for the establishment of required landscape buffer areas, a subdivision development within 300' of the arterial and collector streets may utilize the reduced setbacks, lot averaging and density increases as outlined in 19.05.030 (14)(15) & Table 5-3.
6. A development that meets the following criteria may have the required landscape buffer identified on the recordation plat as a landscape easement in favor of the City with maintenance provided by the individual property owner of the lot on which the landscape buffer is located:
7. the development has two or fewer lots/parcels that have double frontage with an exterior side or rear yard along an arterial or collector street; and
8. the development has no additional elements that require the establishment of an HOA
9. The Zoning Administrator may waive the required landscape buffer if all of the following criteria are met:
10. the development has no more than one lot/parcel that requires a landscape buffer;
11. the lot/parcel with the required landscape buffer shares a side or rear property line with a property solely used for a utility corridor or similar facility that is a minimum of 50' wide; and
12. the required landscape buffer is unable to be extended to other lots/parcels in either direction due to the configuration of the utility corridor facility.
13. The recorded plat shall provide a note describing each of the following:
14. location and size of the landscape buffer/easement;
15. location and size of required fencing;
16. the responsible party for maintaining the landscape buffer/easement;
17. if the development is averaging lot sizes as outlined in 19.05.030(14) and (15), a note shall be added to the plat stating the lots within the development are lot averaged.
18. Declaration of Covenants, Conditions, and Restrictions (CCRs) shall include the following statements:
19. The dedication or transfer of common area shall not take place without the homeowners association first receiving written approval from Layton City pursuant to all applicable state and city laws, rules, and ordinances in effect at the time of such proposed dedication or transfer.
20. Each homeowner(s) shall accept the responsibility of fees related to the care, maintenance, planting, insurance, and administration of the landscape buffer, fence/wall, and park strip.
21. The City shall have a controlling interest in the HOA for matter of voting to dissolve the HOA and/or modification of the landscape buffer.
22. The City shall have the ability to collect fees associated with compliance to landscape buffer maintenance requirements as outlined in Layton Municipal Code 19.16.090. The fees shall be collected through the City's Utility billing as determined by the City and under the following circumstances:
23. the development required by the City to establish a homeowners association but the association is not established; or
24. the homeowners association for a development is no longer functioning; and/or
25. the landscape buffer/easement has a history of not being maintained.
26. Landscaping requirements:
27. the landscape buffer shall be at least five feet wide;
28. trees shall be located every 20' on center within the buffer area. The trees shall be deciduous and on the City's list of recommended trees for park strips or shall be an approved substitute.
29. The following design standards shall apply:
30. buffer Type A standards provided in 19.16.040.6 Transitional Landscaping And Fencing;
31. standards provided in 19.16.050 Landscape Plan Bed Areas;
32. standards provided in 19.16.070 Landscape Park Strip; and
33. standards provided in 19.16.075 Permitted Trees Within The Park Strips And Along Frontages.
34. A six foot solid fence shall be installed along the entire perimeter on the inside edge of the landscape buffer area.
35. For residential developments adjacent to Layton Parkway, a minimum eight foot decorative masonry wall shall be installed along the entire perimeter on the inside edge of the landscape buffer area. The design of the masonry wall shall be consistent with the existing wall design as approved by the City Engineer.
36. The sidewalk and park strip shall be incorporated into the landscape buffer area and shall be subject to review and approval from the City Engineering Division for Layton City arterial or collector streets or UDOT for state roads.
37. Installation and maintenance.

a.     For the purposes of this section, the maintenance of the landscape buffer/easement shall include the landscape buffer/easement as outlined in Layton City Municipal Code 19.16.090.2, the wall/fence, sidewalk, and park strip.

b.    The developer shall be responsible for the installation of the landscape buffer and fencing/wall, and must bond for the landscape buffer improvements either with the overall subdivision or as a separate bond.

c.     The bond period for the landscape improvements may coincide with the bond period and extensions as outlined in Title 18.

d.    Prior to the landscape bond release and/or release of building permits, an HOA shall be formed by the recordation of covenants, conditions, and restrictions (CCRs) providing for the collection of fees to maintain the landscape buffer area.

e.     Maintenance of the landscape buffer area shall also include the maintenance of the sidewalk and park strip area.

f.     Irrigation for the landscape buffer/easement shall be provided through a dedicated master meter. The water bill shall be paid for by the HOA or the individual homeowner as outlined in 19.16.090.4 and 19.16.090.5.

g.    In the event that any of the trees, shrubs, and/or plantings die or do not adequately grow, they shall be promptly replaced to perpetually remain in compliance with the approved landscape plan.

h.    The City may establish and impose a fee that shall apply to each lot/parcel within the development for the care, maintenance, planting, insurance, and administration of the landscape buffer, fence/wall, and park strip under the following conditions:

i.    a development has a required HOA but the association is not established; or

ii.    the HOA for a development is no longer functioning; and/or

iii.    the landscape buffer/easement has a history of not being maintained.

i.      The establishment of the fee as determined by the City shall be determined by the Zoning Administrator and may be waived with the establishment of an HOA that is in compliance with the requirements outlined in this chapter.

j.      Along major arterial streets and connecting collector streets that are linked to major entryways into the City, the City will have the option to assume responsibility for the maintenance of the streetscape area. In such a case, a one-year warranty shall be required to cover the planted material and the irrigation system and drawings for the irrigation system must be submitted and approved by the City.

HISTORY

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

Ord. No. 02-60, Enacted, 9/19/2002

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

Ord. No. 11-32, Amended, 10/20/2013

Ord. No. 21-07, Amended 6/17/2021

Ord. No. 22-01, Amended 2/17/2022

All applicants, owners, subsequent owners, lessees, or any other parties in interest of property receiving approval pursuant to this Chapter shall comply with the approved landscaping and fencing approvals granted hereunder, and conditions upon which said approvals were granted, and the landscaping and fencing requirements set forth in this Chapter. Failure to do so constitutes a violation of this Title and is a class C misdemeanor, and is punishable as such.

HISTORY

Ord. No. 04-51, Enacted 7/15/2004

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

1. grading, planting, or construction. Any grading, planting, or construction that interferes with the vision of those using the streets, sidewalks, alleys, or driveways is prohibited.
2. The following provisions shall govern the location of buildings, height and location of fences, walls, plant growth, or other obstructions to view, to promote safe circulation and minimize conflicts between vehicle, pedestrians and cyclists where streets, drives and walkways intersect:
3. Plant and Tree Pruning.
4. Shade trees or other plantings which project over any sidewalk shall be pruned clear of all branches between the ground and a height of seven feet for that portion of the plant located over the sidewalk.
5. Shade trees and plantings which project over any street or access road which may be used for emergency purposes, shall be trimmed to a height of 13' 6" from the grade of the street or access road.
6. Clear View Area for Driveways. The clear view area for the intersection of a drive approach and a public street or private street shall be located in the triangular areas bounded by lines drawn from a point on the driveway edge and the street right-of-way, measured as follows:
7. from the point of intersection of the driveway edge and the street right-of-way, measuring 20' along the property line away from the driveway (or 30' when intersecting with a collector or arterial street), and ten feet along the edge of the driveway in toward the property. A line is then drawn from the termini of the two lines that extends along the same angle to the back of street curb forming a triangle. This is required on both sides of the driveway. Within the triangles and the area between then, the following shall apply:
8. no view obstructing fence, wall, hedge, or planting exceeding three feet in height above the level of the sidewalk.
9. non-view obstructing fences (75% open) not exceeding six feet in height may also be allowed in this area.
10. the City Engineer and Zoning Administrator or their designees may require additional clear view area based on sight distance visibility associated with the horizontal or vertical curves of the intersecting street.
11. Clear View for Buildings and Development Required.
12. No building or structure shall be located in the triangular area bounded by lines drawn from a point on the centerline of the driveway setback 15' from the front property line, to points at the property line in front of the property, 30' either side of the centerline of the driveway for local and local collectors, and 50' on collectors and arterials.
13. Clear View Across Corner Property Required.
14. No obstruction to view will be permitted on that portion of a corner lot defined as the clear view area.
15. Where curbs are installed, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the top back of the curbs extending from the intersection 30' on local and collector streets and 50' on arterials. Where one of the streets is a different classification the more stringent requirement will apply.
16. Where no curb exists the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the property/right-of-way line 20' from the intersection of said property/right-of-way line, except that this section shall not prohibit the following within the triangular area:
17. gasoline service pumps when permitted in the zoning district;
18. permitted signs where only the minimum necessary supports are visible to a height of not less than ten feet; 
19. plantings of shrubs, bushes, or trees which are trimmed or pruned so that the shrubs or bushes do not exceed the height of three feet above street level and so that trees are pruned clear of all branches between the ground and a height of seven feet; and
20. non-view obstructing fences not exceeding six feet in height.

HISTORY:

Ord. No. 21-07, Adopted 6/17/2021