The Land Use Authority may initiate proposals for change or modification of any Section of this Title as necessity may arise.

HISTORY

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

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

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

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

1. Any person desiring to initiate a change in this Title or the zoning map shall submit a petition to the Community and Economic Development Department explaining the request and the reasons therefore.
2. A petition to change any portion of the zoning map to a multi-family zone, any mixed-use zone, or any zone with a PRUD overlay shall also be accompanied by a conceptual plan. The conceptual plan shall include:
3. the proposed land-uses;
4. conceptual location of all buildings;
5. conceptual pedestrian and vehicular pathways and access;
6. conceptual off-street parking plan;
7. conceptual elevations;
8. conceptual ground floor plans;
9. all plans shall be completed by a design professional and/or professional engineer/surveyor and drawn to a standard scale large enough to clearly show all details, in no case smaller than one inch to 100'; and
10. the concept plan shall meet the development pattern requirements of the general plan and proposed zone.
11. The preliminary plat/plan, final plat, and site plan shall be compliant with the conceptual plan. Substantive changes to any portion of the conceptual plan shall be approved by the Planning Commission.
12. The petition shall be accompanied by an amendment petition fee as outlined in the Consolidated Fee Schedule.
13. A review of a zoning map or ordinance amendment application shall comply with the process and criteria outlined in 19.03 of the Layton City Municipal Code as well as the requirements listed herein. The limit on numbers of review cycles shall not apply to review of a Zoning Map Amendment or Ordinance amendment regardless of whether the application includes a concurrent application for a subdivision that includes single-family residential, two-family residential, or townhomes.

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. 24-03, Amended 1/18/2024

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

1. The Planning Commission shall review the petition and certify its recommendations to the City Council within 30 days of the receipt of the petition.
2. The Planning Commission shall recommend adoption of proposed amendments only where it finds the proposed amendment furthers the purpose of the Layton City General Plan, or that changed conditions make the proposed amendment necessary to fulfill the purposes of this Title.
3. At least ten days prior to the Planning Commission meeting during which a petition requesting action regarding identifiable parcel(s) of property, is to be considered the Zoning Administrator or designated agent shall post a minimum of one sign on each frontage of the subject property stating the proposed or requested action, and the date, time, and location of the Planning Commission meeting where the petition will be considered.
4. Prior to making recommendations to the City Council regarding amendments to the Layton City General Plan, the Layton City Zoning Ordinance, or the Layton City Subdivision Ordinance, the Planning Commission shall hold a public hearing and shall give notice of said public hearing at least seven days prior to the Planning Commission hearing. A minimum of one sign for each street frontage shall be posted on the subject property which states the proposed or requested action, and the date, time and location of the public hearing.

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 public hearing shall be held by the Planning Commission and the City Council to consider the adoption or any modification of a land use regulation .

1. The following steps shall be taken prior to any public hearing:
2. written notice of such hearing shall be published in accordance with State law at least 10 days prior to such hearing; and
3. at least 10 days prior to any such hearing, a minimum of one sign for each street frontage shall be posted on the subject property which states the proposed or requested action, and the date, time, and location of the hearing.
4. All proposed amendments shall be first submitted to the Planning Commission for its recommendation as provided in Section 19.17.030 of the Layton Municipal Code. After the required hearing on the proposed amendment, the City Council may adopt, modify, or reject such amendment.
5. Resubmission of an application for the same amendment shall not be allowed for a period of 12 months. Any such resubmission shall follow the same procedures as the original submission.

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. 20-20, Amended, 6/18/2020

Ord. No. 21-15, Amended 6/17/2021

The following requirements, considerations, and procedures shall be considered, in addition to Sections 19.17.010 through 19.17.040, as part of any petition to amend the zoning map for a CP or C-H designation.

1. Required property ownership. A CP or C-H zone may only be established upon land held in single ownership or under unified control or where the City Council, upon recommendation by the Planning Commission, determines that development on separate adjoining properties shall be coordinated to form a physically unified commercial facility which will be more appropriate and compatible with the surrounding land uses.
2. Nonconforming uses prohibited. A CP or C-H zone shall not be established upon a tract of land which would contain a nonconforming use after the passage of an amendment to the zoning ordinance unless the development planned for the tract includes the elimination of the nonconforming use.
3. Submittal of conceptual development plan as part of rezoning petition. The petitioner shall submit a conceptual development plan for the commercial site showing a unified and organized arrangement of buildings of the proposed uses, off-street parking, internal traffic circulation, and landscaping. The plan shall include a breakdown of the square footage and the percentages of the total site for the building(s); parking, circulation, and landscaping.
4. Submittal of market analysis as part of rezoning petition. The applicant shall submit a market analysis acceptable to the Land Use Authority as defined in Section 19.01.135 and conducted and signed by a recognized and independent market analyst which shall serve as a guide to the Land Use Authority for the evaluation of the application or part thereof in terms of the following:
5. The need or desirability to change the zoning ordinance in the public interest;
6. Master plan consideration;
7. The amount of land included in the rezoning application which can be realistically supported in commercial use; and
8. The finding that the proposed development will promote the general welfare of the public. For the purposes of this Subsection, a market analysis shall contain the following elements:
9. The trade area of the proposed shopping center;
10. Trade area population, both present and potential;
11. Effective buying power in the trade area;
12. Net potential customer buying power for stores in the proposed shopping center; and
13. The residue of buying power to be expended in existing shopping centers of commercial areas serving the trade area.
14. Consideration of developer's ability. The developer's ability to undertake the proposed project will be considered by the Planning Commission and City Council as part of the request for rezoning.
15. Planning Commission's recommendation duties. The Planning Commission shall recommend approval or denial of the zoning petition and preliminary development plans to the Council. The recommendation of the Planning Commission may contain conditions, limitations, or amendments to the preliminary development plan to insure that the planned commercial development is integrated into its surroundings and serves the public interest to the greatest extent possible.
16. Council decision on petition to rezone. The City Council, after holding a public hearing thereon and after a recommendation by the Planning Commission, may approve or disapprove the petition for rezoning. In approving a rezoning petition, the Council shall concurrently approve a preliminary development plan, the amount required to insure completion of the landscaping, together with whatever amendments, conditions, or requirements as it may deem necessary to secure the purpose of this Chapter.
17. Conditions of rezoning approval. The Planning Commission may recommend at the time of rezoning approval, conditions of approval of the final site development including the sequence of development, and may require that initial building permits must include the major facilities of a proposal.
18. Rezoning approval. Requirements concerning final development plan. After the rezoning of the site to a CP or C-H zone, a final development plan for the entire zoning district or for the initial phase of a phased development plan has been approved, shall be submitted to and approved by the Planning Commission as complying with the regulations and requirements attached thereto prior to the issuance of any building or land use permits. The final development plan shall show in detail the proposed areas and locations of buildings, off-street parking, internal and external traffic circulation, improvements, landscaping, signs, and service facilities. No changes shall be made in the final development plan during the course of construction pursuant thereto without first obtaining prior approval of the Planning Commission. Copies of the approved final development plan shall be kept on file in the office of the Planning Commission, Building Inspector, and City Recorder, and only changes which may be subsequently approved shall be added thereto.
19. Property deed restrictions stating property development in accordance with approved final site development plan. At the time a CP or C-H zone is established and before building permits are issued, a document on the property covered under the proposed new zone change shall be filed by the owners of the property after approval by the City Attorney with the County Recorder and shall provide that development take place on the property only in accordance with a final site development plan approved by the Land Use Authority and on file with the County Recorder.
20. Building permit required. Building permit required. Time limits for construction commencement. A building permit shall be secured in accordance with the approved final site development plan within 18 months from the effective date of the ordinance resulting in the rezoning of the parcel. Application may be made to the Land Use Authority for a six month extension of the time limit for commencement. Said applications for extensions may be made no more than two times. Applications for extensions shall require a showing to the Land Use Authority’s satisfaction of unique conditions or situation, and of imminent success in tenant leasing and construction commencement. All such applications shall include detailed documentation as to the circumstances and reasons for such request as required by the Land Use Authority.
21. Delay of construction commencement shall result in review of zoning classification. The Land Use Authority shall review the classification of the zoning district and the progress of the development which has taken place and in the event construction is not started within the specified time limits or once construction has started, it ceases and no further significant construction toward completion to an appreciable degree is done for 180 days, the Land Use Authority shall examine the project and cause for such delays. If deemed necessary, the Land Use Authority shall institute proceedings to restore the zone to its prior classification or to a zone consistent with the comprehensive land-use plan.The Land Use Authority shall determine what an "appreciable degree" is by considering the following factors:
22. Change in financial ability of developer or owner to complete a project.
23. The amount of the project completed and yet to complete.
24. The amount of work done within a three month period in both the type or work and the cost of work done.
25. Construction completion time limit. Construction completion time limit. A plan for staged development which will require more time than the limits contained in Subsection 19.17.050(11) of the Layton Municipal Code, may be approved by the Land Use Authority at the time the rezoning is recommended or may be approved by the Land Use Authority prior to or during the course of construction of the commercial center.
26. Failure to complete in established time will result in review of the zoning classification. In the event the construction is not completed within the time limit specified in Section 19.14.060 of the Layton Municipal Code, the Land Use Authority shall review the zoning and development which has taken place, and if necessary, initiate proceedings to reclassify the property or thereof in a manner consistent with the master land-use plan.

HISTORY

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

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

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

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