The following words or phrases, when used in this Chapter, shall have the meaning as given herein. Words not defined herein shall have their usual and common meaning.

1. “Catering” means a contracted service which involves the preparation, delivery, and serving of food and/or beverages through the use of portable equipment and related accessories, to a client’s property and/or premises for a private social, institutional, or business event and/or gathering.
2. “Food cart” means a cart that is not motorized and that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.
3. “Food truck” means a fully encased food service establishment:
4. on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
5. from which a food truck vendor, standing within the frame of the vehicle or trailer, prepares, cooks, sells, or serves food or beverages for immediate human consumption; and
6. does not include a food cart or an ice cream truck.
7. “Ice cream truck” means a fully encased food service establishment:
8. on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
9. from which a vendor, from within the frame of the vehicle, serves ice cream; and
10. that attracts patrons by traveling through a residential area and signaling the truck’s presence in the area, including by playing music; and
11. that may stop to serve ice cream at the signal of a patron.
12. "Kiosk"– An unmanned freestanding structure, with a footprint no larger than 50 square feet, where retail items are sold, rented, distributed, or collected and/or a freestanding structure where temporary information, posters, notices, and announcements are posted.
13. "Street vendor" – An attended portable structure that serves only walk-up customers and is intended for the selling of prepared food, non alcoholic drinks, balloons, cut flowers, caps, t-shirts, souvenirs, handmade crafts, or locally grown produce.
14. "Cart"– a non-motorized mobile structure where business and customer operations take place adjacent to but outside of the structure.
15. "Tent vendor" – A freestanding tent or canopy open on at least one side and used for the retail sale of goods and services.
16. "Snow shack" – A freestanding rigid structure with one or more open sides from which cold summer treats are sold.
17. "Single event" – An event lasting no more than seven consecutive days in which up to 50 retailers sell and advertise goods, wares, or merchandise on one or more contiguous lots.
18. "Seasonal outdoor vendor" – Any temporary retailer selling seasonal products outdoors which are related to a specific holiday, for no more than 45 consecutive days per calendar year.

HISTORY

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

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

Ord. No. 98-16, Amended, 2/19/1998

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

Ord. No. 12-02, Repealed, 1/5/2012

Ord. No. 12-02, Enacted, 1/5/2012

Ord. No. 14-15, Amended, 7/17/2014

Ord. No. 16-06, Amended, 2/18/2016

Ord. No. 17-39, Amended, 12/7/2017

These general regulations shall apply to each of the temporary and seasonal uses that are subject to this Chapter of the Layton Municipal Code.

1. The use is not materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity of the use, as determined by the Zoning Administrator.
2. The use is compatible with the purpose and intent of this Code and the specific Land Use District in which it will be located, as determined by the Zoning Administrator.
3. No structure or signage associated with a temporary use shall be located in clear view areas.
4. The use shall be placed so as not to disrupt the vehicle and pedestrian traffic flow into or out of a site.
5. The use will not cause noise, light, or glare which adversely impacts surrounding uses.
6. The applicant has obtained written permission from the property owner to locate the proposed use.
7. Each temporary use under this Chapter shall have a current Layton City business license except as specified otherwise.
8. With the exception of kiosks, street vendors, and mobile food vendors; no temporary use shall be located within 300' of any other use in this Chapter which is classified under the same definition, except where separated by a public right-of-way.
9. A copy of an approved business license shall be kept in the business location at all times.
10. All temporary and seasonal business permits shall bear an expiration date for the business.
11. All temporary business sites shall be cleaned and cleared of any debris, garbage, and equipment including the area within 15' of the use, within three days after the business license expires or the use vacates the site, whichever comes first.
12. All sign requirements not specifically outlined in this Chapter shall adhere to standards contained in Title 20.
13. Required signage shall not count against the total permitted signage for a temporary business or the primary business on the lot.
14. Temporary uses shall not be located in landscaped areas.
15. Any use under this Chapter serving prepared food shall acquire a permit from the Davis County Health Department and submit said permit with their business license application to the City.
16. All business license applications shall include a detailed site plan with the following:
17. Business name, location (address), and type;
18. North arrow;
19. Adjacent streets;
20. Specific location and dimensions of the temporary use;
21. Any applicable buffer requirements; and
22. Adjacent landscaping.

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. 12-02, Repealed, 1/5/2012

Ord. No. 14-15, Amended, 7/17/2014

Ord. No. 16-06, Amended, 2/18/2016

In addition to the regulations listed in Section 19.21.020, kiosks shall also meet the following requirements:

1. Kiosks are permitted in all M, C, MU, and MU-TOD zoning districts;
2. All kiosk signage is limited to signs permanently attached to or painted on the structure;
3. Kiosks shall have no minimum buffer requirements from any other temporary uses, including other kiosks under this Chapter;
4. Periodical stands shall be clustered in groups of no more than four stands, with at least 100' between clusters;
5. The use shall be located on improved property which means said property includes a main building, paved parking, curb and gutter, sidewalk, landscaping, and fire protection systems as required by the City;
6. Kiosks shall be limited in height to ten feet measured from the ground to the highest point of the structure;
7. Kiosks are allowed on public properties and within City rights-of-way on a case by case basis with approval from the Community and Economic Development Director; and
8. Resource recycling containers shall be clearly marked with their intended purpose, owner's name, owner's contact information, and a notice that no recyclable materials or waste shall be left outside the approved container.

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. 12-02, Repealed, 1/5/2012

Ord. No. 14-15, Amended, 7/17/2014

In addition to the regulations listed in the General Regulations Section of this Chapter, street vendors shall also meet the following requirements:

1. Vendors are permitted in the MU, MU-TOD, C-H, and CP-3 zoning districts;
2. Vendors shall be located on improved property which means said property includes a main building, paved parking, curb and gutter, sidewalk, landscaping, and fire protection systems as required by the City;
3. Businesses under this Section shall not occupy more than 15% of parking stalls on the lot where the business has been approved;
4. Vendors are not permitted any additional signage beyond that which is permanently attached to or painted on the cart except that one menu sign may be detached. A menu sign shall not be larger than six square feet and may be attached to the cart or freestanding within five feet of the cart but outside of any landscaping;
5. All equipment related to a street vendor shall be removed from the site no later than 30 minutes after closing each day;
6. A vendor facility shall not be self propelled;
7. Vendors shall maintain the following separation distances and shall be so located as to not constitute an obstruction to pedestrians, vehicles, or to other businesses:
8. Fifteen feet from a building entrance; and
9. Ten feet from a fire hydrant;
10. Vendors' facilities shall be attended by an owner or employee at all times during the vendors' business hours;
11. Vendors shall not conduct business in areas other than the approved location;
12. Vendors' facilities shall be cleaned and cleared of any debris, garbage, and equipment, including the area within 15' of the use, every day no later than 30 minutes after closing;
13. Vendor business licenses shall have a standard duration of four months (Example June 15th to October 15th) beginning on the day the license is approved;
14. Pictures or detailed drawings of the vendors' facilities that show colors and materials shall be submitted with the business license application; and
15. Buffers shall not apply when temporary uses are separated by a public right-of-way.
16. In addition to requirements (1) through (13) of this Section, street vendors in MU and MU-TOD zoning districts shall adhere to the following requirements:
17. Vendors in these zoning districts shall only operate out of a cart;
18. Vendors' facilities shall not be larger than 100 square feet;
19. Vendors in these zoning districts shall not be allowed any tables or chairs;
20. Vendors' facilities are allowed on sidewalks and within street rights-of-way if all other criteria of this Chapter are met and as approved by the Community and Economic Development Director;
21. Up to three vendors are permitted per 500' of street frontage;
22. Vendors' carts shall be constructed out of washable plastic, fiberglass, or noncorrosive metal materials. All carts shall maintain a new or near-new appearance;
23. Vendors shall be permitted three coolers or 200 quarts of cooler storage, whichever is less, for food storage to be placed around the carts; and
24. Any display products and accessory items such as condiments shall be contained within the cart. No product or accessory items shall be located on a separate cart, shelf, or table.
25. In addition to requirements (1) through (13) of this Section, street vendors in C-H and CP-3 zoning districts shall adhere to the following requirements:
26. Vendors shall be located on asphalt or concrete parking surface;
27. Vendors shall maintain the 300' buffer requirement found in Section 19.21.020(8); and
28. Vendors' trailers shall not be larger than 160 square feet.

HISTORY

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

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

Ord. No. 01-03, Amended, 1/4/2001

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

Ord. No. 12-02, Repealed, 1/5/2012

Ord. No. 14-15, Amended, 7/17/2014

1. Business License Required. Food carts and/or food trucks shall comply with the business licensing requirements of Layton Municipal Code (LMC) 5.35.
2. General Regulations. Food carts and/or food trucks may be permitted to operate daily between the hours of 7:00 a.m and 10:00 p.m in all B-RP (Business and Research Park), C-H (Planned Highway Commercial), CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), M-1 (Light Manufacturing/Industrial), M-2 (Heavy Manufacturing/Industrial), MU (Mixed-Use), and MU-TOD (Mixed-Use, Transit Oriented Development) zoning districts provided that they:
3. shall not operate on any City owned property, including public parks and rights-of-ways, unless prior permission is given by the Director of the Parks and Recreation Department or their designee given in the form of a special event permit.
4. shall not be placed so as to disrupt the vehicle and pedestrian traffic flow into or out of a site.
5. shall not cause noise, light, glare, or odors which adversely impacts surrounding uses. The use of flashing, scintillating, blinking, or traveling lights is strictly prohibited.
6. Accessory Agricultural Uses. Food carts and/or food trucks may be allowed to operate daily between the hours of 8:00 a.m. and 10:30 p.m. in the A (Agriculture) zoning district, provided the property, or portion of, meets all of the criteria set forth in Layton Municipal Code (LMC) 19.06.240 as an accessory agricultural use.
7. Catering. Food carts and/or food trucks may be allowed to operate in the A (Agriculture), R-S (Residential Suburban) and R-1 (Single Family Residential) zoning districts for catering purposes only, provided that:
8. the event is a private event; and
9. the general regulations set forth in Layton Municipal Code (LMC) 19.21.045(2) have been met.
10. Appearance and Signage Regulations
11. All food carts and/or food trucks shall be maintained in a neat and professional manner.
12. All food carts and/or food trucks shall only operate when placed or parked on a hard surface.
13. Food carts and/or food trucks shall not operate as a drive-through establishment.
14. Food trucks shall not idle unnecessarily after being placed or parked onsite in order to prevent and limit forms of air pollution such as fumes, dust, and smoke from impacting surrounding uses.
15. Food cart and/or food truck vendors shall provide trash and/or recycling containers which shall be removed from the site when the food cart or food truck leaves the site.
16. All signage must be permanently attached to the food truck and/or food cart except for one menu sign that shall not exceed three feet by four feet and shall be placed on a hard surface no more than ten feet from the food truck and/or food cart vendor.
17. The placement of a food cart and/or food truck and associated signage shall comply with the clear view requirements set forth in Layton Municipal Code (LMC) 19.16.080.

HISTORY

Ord. No. 16-06, Enacted, 2/18/2016

Ord. No. 17-39, Repealed & Reenacted, 12/7/2017

In addition to the regulations listed in the General Regulations Section of this Chapter, tent vendors shall also meet the following requirements:

1. Businesses under this Section shall not occupy more than 15% of parking stalls on the lot where the business has been approved;
2. Businesses under this Section are permitted 30 square feet of banner signage as allowed with an approved business license. Signage shall be attached to or painted on the structure;
3. Structures shall be secured to the ground in accordance with current Building Codes;
4. A tent vendor shall be limited to one of the following:
5. An auto glass repair station or a similar use as approved by the Community and Economic Development Director;
6. Shall be limited to locations at existing gas stations or other auto related business parcels; and
7. Shall be limited to a footprint no larger than 100 square feet;
8. A produce stand used to sell farmer-direct goods:
9. Shall be permitted in all C and MU zoning districts. They shall also be permitted in A zoning districts if produce is sold on the same property by which it was grown;
10. Uses located on agriculturally zoned property that are run by the landowner are exempt from business licensing but shall adhere to the standards of this Chapter; and
11. A business license for produce stands shall be valid from May 1st to October 31st;
12. A tent event that is associated with a legally licensed Layton City business:
13. Shall be limited to all C and MU zoning districts;
14. Shall be limited to the lot for which it is associated; and
15. Shall be limited to a maximum of four events per calendar year. Events shall not last longer than 30 days.
16. In addition to requirements (1) through (3) of this Section, snow shacks shall adhere to the following requirements:
17. Shall be permitted in all C and MU zoning districts;
18. Snow shack facilities shall not be larger than 160 square feet;
19. Snow shacks in the MU-TOD zoning district shall be limited to 100 square feet and shall not be conducted out of a trailer;
20. Shall be painted and articulated with a theme or features that liken it to a real building (i.e. windows, sills, shingled roofs, etc.) and shall be limited to ten feet in height measured from the ground level to the highest point of the structure;
21. Detailed drawings or pictures of the snow shack that show colors and materials shall be submitted with the business license application; and
22. A business license for snow shacks shall be valid from May 1st to September 30th.

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. 12-02, Repealed, 1/5/2012

Ord. No. 14-15, Amended, 7/17/2014

In addition to the regulations listed in Section 19.21.020, single events shall also meet the following requirements:

1. Single events may involve up to 50 independent retailers per business license. No fewer than three retailers shall be associated with an outdoor single event. Each single event shall obtain a business license from Layton City which will include a fee of $10.00 per retailer in addition to the standard licensing fee;
2. Outdoor single events are permitted in MU, MU-TOD, and all C zoning districts;
3. Indoor single events shall have no limit to the number of vendors under each license;
4. Any structure more than 30" above ground level, requiring electrical, or that has a footprint larger than 200 square feet shall be inspected by a Layton City building and/or fire inspector; and
5. A farmer's market event business license shall be valid for up to 30 intermittent days not to begin before May 1st or extend beyond October 31st.

HISTORY

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

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

Ord. No. 98-16, Amended, 2/19/1998

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

Ord. No. 12-02, Enacted, 1/5/2012

Ord. No. 14-15, Amended, 7/17/2014

HISTORY

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

Ord. No. 98-16, Enacted, 2/19/1998

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

Ord. No. 12-02, Repealed, 1/5/2012

In addition to the regulations listed in Section 19.21.020, seasonal outdoor vendors shall also meet the following requirements:

1. Vendors shall not utilize more than 25% of the required off-street parking for the onsite merchant;
2. All seasonal outdoor structures and display areas shall have a professional appearance. All equipment associated with the use shall be maintained in a new or near-new condition. All retail items shall be displayed orderly, and all debris associated with the use shall be contained within the confines of the use and be cleaned at the end of each business day. A business license will not be issued or may be revoked if structures or equipment are tattered, torn, frayed, significantly faded, have chipped or peeling paint or otherwise do not have a professional appearance;
3. In addition to requirements (1) and (2) above, firework retailers shall adhere to the following standards:
4. Firework retailers are permitted in any CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), or C-H (Highway Regional Commercial) zoning district;
5. Firework retailers shall adhere to all requirements of the Layton Municipal Code Chapter 9.64 – Fireworks;
6. Each firework retailer shall be allowed up to two banners for signage each with a maximum size of 30 square feet. The use of banners shall be allowed in conjunction with a valid business license. No separate banner application is required and no additional banners are allowed; and
7. A firework retailer shall submit with each business license a picture or detailed drawing of any structure or equipment to illustrate conformance with all Building Code, Fire Code, and appearance standards.
8. In addition to requirements (1) and (2) above, Christmas tree and pumpkin patch areas shall adhere to the following requirements:
9. Christmas tree and pumpkin patch areas are permitted in any CP-1 (Planned Neighborhood Commercial), CP-2 (Planned Community Commercial), CP-3 (Planned Regional Commercial), or C-H (Highway Regional Commercial) zoning district;
10. Christmas tree and pumpkin patch areas shall be allowed 50 square feet of signage with an approved business license. Signage shall be attached to fencing, an on-site structure, or on poles within the boundaries of the fenced area being used;
11. Christmas tree and pumpkin patch areas shall be enclosed with a six foot temporary fence around the perimeter of the use; and
12. Applications shall include a detailed site plan with the following items in addition to those required in Section 19.21.020:
13. Location and dimensions of the display area;
14. Location and number of parking stalls for customers; and iii. Sales booth and any other temporary structure.

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. 12-02, Enacted, 1/5/2012

Ord. No. 13-05, Amended, 4/4/2013

Ord. No. 14-15, Amended, 7/17/2014

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

Temporary uses exempt from these regulations may include but are not necessarily limited to indoor kiosks or vendors or any kiosk located within three feet of a building. Exempt uses may also include periodical stands for non-profit or free periodicals. Nonprofit or charity functions lasting three days or fewer are also exempt. Garage and estate sales taking place on the residential lot to which they belong and lasting fewer than four intermittent or consecutive days are also exempt.

HISTORY

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

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

Ord. No. 98-16, Amended, 2/19/1998

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

Ord. No. 12-02, Repealed, 1/5/2012

A permit may be revoked in the event of a violation of any of the provisions of this Chapter or the conditions set forth in the temporary or seasonal use permit. The right to own and operate a business under this Chapter in Layton City may also be revoked based on any Federal, State, or City violation, or number of violations contained herein.

HISTORY

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

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

Ord. No. 98-16, Amended, 2/19/1998

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

Ord. No. 12-02, Repealed, 1/5/2012