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Layton City City Zoning Code

19.06 Land

Use Regulations

19.06.000 Tables 6-1, 6-2 And 6-3

Tables 6-1, 6-2 and 6-3, updated 9/18/2025

TABLE OF LAND USE REGULATIONS

TABLE 6-1 (Columns A Through R-H) and TABLE 6-2 (Columns A-2 Through MU-TOD)

RESIDENTIAL/DOMESTIC


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Accessory Farm Bldg.

P

C










P











Accessory Dwelling Unit (ADU)

P

P

P

P

P


















Accessory Building

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P


P

C

P

Boarding/Rooming House

C







C

C

C












C

Dormitory








C

C

C








C





Dwelling, Multiple Unit








P

P

P











P

P

Dwelling, 2 Unit







P

P

P

P

P










C

C

Dwelling, 1 Unit Attached (SF-A)

P1

P1

P1

P1

P1


P

P

P

P

P










P

P

Dwelling, 1 Unit Detached (SF-D)

P

P

P

P

P


P

P

P

P

P










C

C

Fraternity/Sorority House








C

C

C








C





Household Pets

P

P

P

P

P

P

P

P

P

P

P










P

P

Mobile Home Park






C

















Off-Street Parking Inc. To Main Use

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Secondary Residential Unit














P

P

P

P

P

P

P

P

P

Model Homes

P

P

P

P

P

P

P

P

P

P

P












Temporary Sales Office

P

P

P

P

P

P

P

P

P

P

P










P

P

  1. SF-A units are only permitted if approved through a PRUD Overlay rezoning and concept plan public review process (see Chapter 19.08 Planned Residential Unit Development (PRUD) Overlay Zone). 


P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

INSTITUTIONAL/CIVIC AND SPECIAL SERVICE


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Airport, Heliport



















C

C



Assisted Living








C

C

C

C


P

P

P

P

P

P



P

P

Cemetery; Pet Cemetery; Mausoleum

C

C

C

C

C

C

C

C

C

C




C









Charter School

P

P

P

P

P

P

P

P

P

P

P


P

P

P

P

P

P

P

P

P

P

Church/Temple/Rectory

C

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

C

C

C

C

C

College or University

C

C

C

C

C

C

C

C

C

C

C


C

C



C






Commercial School













C

C

P

P

P

P



P

P

Community Center








C

C

C



P

P

P

P

P

P



P

P

Community Use

C

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

C

P

P

C

C

Convent, Monastery or Other Dwelling Group for Religious Community

C

C






C

C

C

C



C

C

C

C

C



C

C

Day Care Center








C

C

C

C


P

P

P

P

P

P



P

P

Foster Home

C

C





C

C

C

C

C





C







Fraternal/Benevolent Society










C





C

P

P

C





Halfway House or Similar Facility for Alcoholic, Narcotic, Psychiatric, Patients, or Felons and Delinquents

















C

C





Home for Elderly, Elder Apartment







C

C

C

C

C



P

P

P





P

P

Hospital (Acute Care)










C



C

C


C

C

C



C


Religious or Philanthropic Institution

C

C

C

C

C

C

C

C

C

C

C


C

P

P

P

P

P



P

P

Library, Art Gallery, Museum













C

P

P

P

P

P



P

P

Nursing Home








C

C

C



P

P

P

P

P

P



P

P

Park, Playground, Fairground

C

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

C

C

C

C

C

Private/Quasi-Public School

C

C

C

C

C

C

C

C

C

C

C


C

C







C


Private Country Club

C

C






C

C

C



C

C

C

C

C

C

C


C

C

Public Administration Offices

C

C

C

C

C

C

C

C

C

C

C


P

P

P

P

P

P

P

P

P

P

Public School

C

C

C

C

C

C

C

C

C

C

C


C

C







C


Residential Facility for Elderly

C

C

C

C

C

C

P

P

P

P

P










C


Residential Facility for Persons w/a Disability - Large







C

P

P

P

P










C

C

Residential Facility for Persons w/a Disability - Small

P

P

P

P

P

P

P

P

P

P

P










C

C

P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

UTILITY RELATED SERVICES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Commercial Radio or TV Trans. Station













C



P

P

C

P

P



Electric Power Plant

















C

C

P

P



Electric Substation

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

P

C

P

P

C

C

Fire Station

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

P

P

P

P

C

C

Gas Metering & Transmission Station

C

C

C

C

C

C

C

C

C

C


C

P

C

P

P

P

P

P

P

C

C

Local Utility Distribution Line

P

P

P

P

P

P

P

P

P

P


P

P

P

P

P

P

P

P

P

P

P

Radio, TV, or Microwave Tower

C











C

C

C

C

C

P

P

P

P

C

C

Railroad Tracks & R.O.W

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

C

C

C


C

C

Sewage/Water Pumping/Control Station

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

C

C

C

C

C

C

Telecommunications Facility at Community Uses

C

C

C

C

C

C

C

C

C

C


C







P

P



Telecommunications Antenna, Roof Mounted at Community Uses

C

C

C

C

C

C

C

C

C

C


C





P

P

P

P



Telecommunications, Antenna, Wall Mounted at Community Uses

C

C

C

C

C

C

C

C

C

C


C





P



P



Telephone Business Office













P

C

C

P

P

P

P

P

C

C

Telephone Switching, Relay & Transmission Equipment

C

C

C

C

C

C

C

C

C

C


C

C

C

C

P

P

P

P

P



Public/Private Utility, Other Than Listed

C











C

P

C

C

P

P

P

P

P

C

C

Utility Shops, Storage Yards & Bldgs.

















C

C

P

P


C

Water Treatment Plant

C

C










C



C

P

P

C

P

P

C

C

Water Wells, Reservoir, or Storage Tank

C

C

C

C

C

C

C

C

C

C


C

C

C

C

C

C

C

P

P



P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

RECREATIONAL USES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Indoor Commercial Amusement















P

P

P

P

P


L3

L3

Outdoor Limited Comm. Amusement













C


C

C

C

C

C

C

C

C

Outdoor Commercial Amusement















C

C

C

C

C

C



Athletic Center










C



C


P

P

P

C


L4

C


Golf Course

C

C

C

C

C

C

C

C

C

C



C





C

C




Sports Facility/Complex










C



C


P

P

P

C


L4



Studio - Health, Exercise, Dance, Music, Drama, or Similar













P

P

P

P

P

P

L4

L4

L3

L3

Theater, Indoor
















P

P

P

C


C

C

Theater, Live













C


C

P

P

P



C

C

Theater, Outdoor

















C

C

C




P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

AGRICULTURE AND RELATED USES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Accessory Agricultural Uses

P






















Agriculture

P

P

P

P

P

P

P

P

P

P


P


P

P

P

P

P

P

P

P

P

Animal Keeping

P

P










P







P

P



Beekeeping

P

P

P

P

P







P








P



Breeding or Raising of Animals for Food or Sale

P











P








P



Crop Production Sale

P

P










P


P

P

P

P

P

P

P

P

P

Dairy

P

C










P








P



Family Food Production

P

P










P







P

P



Farm Industry, or Ranch

C

C










P








P



Fur Farm

C











C








P



Home Use Orchard

P

P

P

P

P

P

P

P

P

P




P

P

P

P

P

P

P



Commercial Use Orchard

P

P










P


P

P

P

P

P

P

P

P

P

P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

AUTOMOBILE RELATED USES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Major Auto Repair

















C

C

P

P



Car Wash















C

P

P

C

C

C



Commercial Parking Structure, Auto Only













C




C

C



C

C

Dealership

















C

C


C



Dealership, Small

















P

P

P

P



Gasoline Sales (Wholesale)

















C

C

C

C



Gasoline Retail (No Repairs)















C

P

P

P

P

P

C


Gasoline, Petroleum Products Storage

















C

C

C

C



Muffler or Brake Shop
















C

C

P

P

P



New & Reconditioned Auto Parts, Indoor















C

P

P

P

P

P



Paint and Body Shop
















C

C

C

C

C



Seat Cover or Upholstery
















P

P

P

P

P



Service Station, Minor Repairs















C

P

P

P

P

P



Storage of Autos, Travel Trailers



















C

C



Tire Sales
















P

P

P

P

P



Tire Recapping and Retreading Shop

















C

C

P

P



Towing Services


















C

C

C



Outdoor Truck Storage



















P

P



Truck/Trailer Rental
















C

C

C

C

C



Used Auto Part Sales, Indoor
















C

C

C

P

P



Wrecking or Salvage Yard for Auto Parts




















C



P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

INDUSTRIAL AND RELATED USES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Animal or Fowl Slaughter




















P



Cannabis Production












P








P



Chemical & Plastic Manufacturing




















P



Contractor Storage Yard



















P

P



Dairy Processing or Ice Cream Plant



















C

P



Extraction of Soil, Sand, Gravel, Minerals, Gas, Petroleum, or Similar




















P



Junk Yards



















C

C



Heavy Equipment Rental/Sales, Repair, and Storage



















P

P



Light Commercial Flex Manufacturing













L1


L1

L1

L1

L1

P

P

L2

L2

Manufacturing/Industrial Services













L1

C





L1

C

P

P



Metallic Products Manufacturing




















C



Outdoor Storage



















P

P



Petroleum Products Manufacturing




















C



Recyclable/Salvage Yard




















C



Self Storage Facility (i.e. Climate Controlled, Indoor Storage, Mini-Storage)



















P

P



Storage of Sand, Gravel, Earth or Stone




















P



Trucking Terminal



















P

P



Warehouse and Distribution



















P

P



Waste Transfer Station



















P

P



Welding or Machine Shop

















C

C

P

P



Wood & Paper Manufacturing




















P



P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

RETAIL AND RELATED USES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Bank, Credit Union, or Savings & Loan w/ Drive Through













C

C

P

P

P

P



C2

C2

Barber or Beauty Shop













P

C

P

P

P

P

P


P

P

Big Box Retail
















C

C

C





Convenience Store















C

C

C

C

C

C

C2

C2

E-commerce Retail & Fulfillment













P


P

P

P

P

L4

L4

L2

L2

Fast Food Eating Establishment













P2

L4


P

P

P

P

L4

L4

P2

P2

Furniture/Appliance Store















C

C

P

P

P

P

C

C

Garden Shop & Plant Sales, Nursery

C














C

P

P

C



C

C

Grocery Store















P

P

P

P



P

P

Kennels, Boarding















C

C

C

C

P

P



Kennels, Daily Boarding & Extended Care

C






















Kennels, Private

C

C





















Laboratory, Medical or Dental













P

P

P

P

P

P

L4

L4

P

P

Laundry/Laundromat















P

P

P

P

L4

L4

P

P

Locksmith or Key Shop















P

P

P

P

P

P

L2

L2

Mortuary














C

C

P


C



C


Music Store















P

P

P

P

L4

L4

L3

L3

Office, Professional, or General Business













P

P

P

P

P

P

P

P

P

P

Package Liquor Store















C

P

P

P



C

C

Pawn Shop
















C

P

C





Pet Services, Indoor

C














C

C

C

C

P

P



Pet Services, Indoor/Outdoor

C














C

C

C

C

P

P



Pet Shop, Small Animals, Birds & Fish















P

P

P

P

L4

L4

L3

L3

Reception Center










C



C

C

C

P

P

P



C

C

Repair for TV, Radio, Appliance or Similar


















P

P

P



Restaurant













L4


P

P

P

P

L4

L4

C

P

P

Retail Sales and Commercial Services













L4


P

P

P

P

L4

L4

P2

P2

Retail Tobacco Specialty Business


















C





Studio - Art, Photo













P

P

P

P

P

P

L4

L4

L2

L2

Studio - Decorate & Display













P

P

P

P

P

P

L4

L4

L2

L2

Swap Meets

















C

C

C

C



Tavern, Bar, Private Club w/ Alcohol Sales

















C

C



C

C

Title Loan, Payday Loan, Deferred Deposit Lending and Similar Business
















C


C





  1. Drive-throughs in the MU, MU-TOD and B-RP zones are only permitted on the rear or side of a building. (See Sections 19.25.060(5) and 19.26.060(5))


P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

COMMERCIAL AND RELATED SERVICES


A

R-S

R-1-6

R-1-8

R-1-10

R-MH

R-2

R-M1

R-M2

R-H

C-TH

A-2

B-RP

P-B

CP-1

CP-2

CP-3

C-H

M-1

M-2

MU

MU-TOD

Bakery, Wholesale















L2

P

P

P

P

P

L2

L2

Bed & Breakfast

C

C





C

C

C

C




C




C



C

C

Building Materials Sales, Wholesale















L2

L1


L1

P

P



Cleaning, Laundry or Dyeing















L1

L1

L1

P

P

P

L2

L2

Dairy Processing or Ice Cream Plant



















C

P



Dance Hall or Night Club

















C

C



C

C

Food Cart, Food Truck***

P

P

P

P

P








P


P

P

P

P

P

P

P

P

Hotel or Motel













C




C

C



C

C

Inpatient Medical Facility













P

P

P

P

P

P




L5

Kiosk















P

P

P

P

P

P

P

P

Laboratory, Scientific or Research













P




P

P

P

P

P

P

Lumber Yard
















C

C

C

P

P



Medical/Dental Clinic













P

P

P

P

P

P



P

P

Milk Depot















P

P

P

P

P

P

C

C

Mixed Use Buildings





















P2

P2

Office and Indoor Storage













L1


L2

L2

L2

L1

P

P

L2


Permanent Cosmetics













P

C

P

P

P

P

P


P

P

Pre-School













C

C

C

P

P

P

P

P

P

P

Railroad or Bus Passenger Station













C



C

C

C

P

P

C

C

Railroad Team Tracks, Freight Depot or Docks













C




C

C

P

P



Seasonal Outdoor Vendor















P

P

P

P





Single Event















P

P

P

P



P

P

Snow Shack















P

P

P

P



P

P

Street Vendor*

















P

P



P

P

Tattooing


















C





Tent Vendor**















P

P

P

P



P

P

Trailer or Mobile Home Sales

















P

P

P

P



Transfer Storage Terminal

















C

C

P

P



Travel Trailer Park
















C

P

P

C



C

  1. Drive-throughs in the MU, MU-TOD and B-RP zones are only permitted on the rear or side of a building. (See Sections 19.25.060(5) and 19.26.060(5))


P = PERMITTED          C = CONDITIONAL L# = Permitted with Specific Limitation(s) (See Table 6-3)

*Special requirements for businesses in this zone are available in 19.21.040

**Special provisions for locations of each type of Tent Vendor are available in 19.21.050

***Special requirements for businesses in these zones are available in 19.21.045

HISTORY

Ord. No. 17-21, Amended, 7/20/2017

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

Ord. No. 18-08, Amended, 3/1/2018

Ord. No. 18-12, Amended, 5/3/2018

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

Ord. No. 19-39, Amended, 11/7/2019

Ord. No. 19-37, Amended, 11/21/2019

Ord. No. 19-38, Amended, 11/21/2019

Ord. No. 20-38, Amended, 11/29/2020

TABLE 6-3

TABLE OF LAND USE LIMITATIONS

L1

Land use limited to an interior building area of no more than 15,000 s.f.

L2

Land use limited to an interior building area of no more than 6,000 s.f.

L3

Use not permitted directly below multi-family residential uses in MU and MU-TOD zoning districts

L4

Uses are subject to the standards and limitations provided in Section 19.06.170

L5

Uses are subject to the standards and limitations provided in Section 19.26.020

HISTORY

Ord. No. 20-38, Enacted, 11/19/2020

Ord. No. 21-23, Amended 9/16/2021

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

Ord. No. 24-10, Amended 5/2/2024

Ord. No. 25-01, Amended 2/6/2025

19.06.010 Uses Permitted By Right And Conditional Uses

  1. In any zoning district, no land or structure shall be used, and no building shall hereafter be erected or structurally altered, unless it is:
  2. one of the uses listed as permitted by right in that zoning district in Table 6-1, or one or more of the uses listed as permitted in that zoning district in Table 6-2; or
  3. one or more of the conditional uses listed for that zoning district in Tables 6-1 & 6-2, provided that a conditional use permit has been issued, according to the procedures specified in Chapter 19.14 of the Layton Municipal Code.
  4. In the situation where a use is not specifically included in Tables 6-1 & 6-2, such a use shall be subject to the regulations of the use (whether permitted by right or a conditional use) to which it is most related or similar, as determined by the Community and Economic Development Director. The Community and Economic Development Director may determine that such a use is either permitted by right, permitted as a conditional use, or not permitted in a particular zoning district. A written record of all such determinations shall be made and kept for consultation in future cases and for consideration as amendments to the Table of Land Use Regulations (Tables 6-1 & Tables 6-2).
  5. Uses by right or conditional uses are principal uses subject to all Chapters of this Title which have an effect on all or specific zoning district regulations.

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. 17-21, Amended, 7/20/2017

Ord. No. 20-38, Amended, 11/19/2020

19.06.020 Principal And Accessory Uses

  1. The uses listed in Tables 6-1 & 6-2, as permitted by right and conditional uses in the various zoning districts are principal uses except when noted as being accessory.
  2. Except as otherwise provided, an accessory use, building, or structure is permitted to accompany the principal use to which it is subordinate, where such principal use is either permitted by right or authorized by a conditional use permit.
  3. Building permits shall be required for all accessory structures. No fee will be assessed for accessory structures 200 square feet or less. Certificates of occupancy may not be issued to accessory buildings except as a part of the certificate of occupancy for the principal use.
  4. A structure or use may be erected or established as an accessory structure or use to a permitted principal structure or use, provided that it is:
  5. Clearly incidental and customary to, and commonly associated with the operation of the principal use;
  6. Operated and maintained under the same ownership or by lessors or concessionaires thereof and on the same lot as the principal use;
  7. Does not include structures or structural features inconsistent with the use by right;
  8. Compatible in character and extent with the principal use and zoning district where located;
  9. Not erected or established prior to the establishment or construction of the principal use or building; and
  10. Is not prohibited by other Layton City Code provisions.
  11. Location of attached accessory structures. Any portion of a main building or appendage thereof or any such building constructed as an architectural and integral part thereof which is designed, constructed, or used for accessory use purposes shall be located as required for any other part of the main building.
  12. Location and criteria for detached accessory structures and buildings. In residential zoning districts, all accessory buildings or structures shall be located in either the rear or side yards, unless incorporated into the principal use building or structure as an architectural and integral part thereof. Corner lots may have an accessory structure located within five feet of the corner side yard property line nearest to the street when:
  13. it is not more than 14' in height to peak of roof; and
  14. the yard is walled or fenced to a minimum height of six feet. The wall or fence is sight-obscuring and extends three feet in length beyond the accessory structure and runs parallel to the adjacent street(s); and
  15. the accessory structure is not adjacent to the front yard of the adjoining property; and
  16. the accessory structure is placed behind the rear foundation line of the principle structure; and
  17. the accessory structure is in compliance with clear view requirements; and
  18. accessory structures with a garage door facing and running parallel with the adjacent street must comply with the corner side yard setbacks of the specific zone.

In commercial and manufacturing zoning districts, accessory buildings may be located as outlined in Table 5−2. Specific setback regulations for all zoning districts are found in Tables 5−1 and 5−2.

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. 17-09, Amended, 4/27/2017

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

Ord. No. 24-02, Amended 2/1/2024

Ord. No. 24-10, Amended 5/2/2024

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

19.06.030 Home Occupation

A Home Occupation is a small-scale occupation, service, profession, or enterprise that operates as an accessory, or secondary use to the primary residential use, most typically involving a member of a single household. Home Occupation types and the scope and scale of operations may vary based on housing type and neighborhood context in single family residential neighborhoods. For home occupations in C-TH, MU, and MU-TOD zones, refer to Chapter 19.24 - Condominium/Townhouse (C-TH) Zoning District, 19.25 - Mixed-Use (MU) Zoning District, and 19.26 - Mixed Use/Transit Oriented Development (MU-TOD) Zoning District.

The purpose of this section is to:

  1. Provide an opportunity for home occupations as an accessory use, when they are compatible with the neighborhoods and land use context in which they are located;
  2. Protect the City's single family residential neighborhoods from the adverse effects sometimes associated with business uses. Such impacts include noise, traffic, fire hazards, and other characteristics typical to businesses that may cause significant impacts on a neighborhood;
  3. Guide more intensive business activities which are not compatible with single family residential neighborhoods to appropriate mixed-use areas, or to commercial and industrial/manufacturing zones.

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. 20-39, Amended, 12/3/2020

19.06.030.1 Home Occupation License

All owners operating a home occupation shall apply for and obtain a Layton City Business License prior to operating a business, and shall renew annually.

HISTORY

Ord. No. 20-39, Enacted, 12/3/2020

19.06.030.2 Classification Of Home Occupation License

All home occupations shall be classified as either a Low-Impact or High-Impact home occupation. Regardless of the classification, all home occupations shall adhere to the standards and qualifications set forth in this section.

  1. Low-Impact Home Occupation. A Low-Impact home occupation may allow for employment of household members and no more than one additional non-household employee working from the home.
  2. High-Impact Home Occupation. The following home occupations, which either require a client to come to the home or which may result in neighborhood impacts if not properly managed, may be authorized as an accessory use through a high impact home occupation permit pursuant to the standards specified in this section:
  3. A home occupation business which employs no more than two non-household employees working from the home, in addition to household members.
  4. Barbers, cosmetologists, manicurists.
  5. Consultant services where clients come to the home.
  6. Contractor, "handyperson", and landscape or yard maintenance contractor; subject to the special conditions that no construction materials or equipment will be stored on the premises.
  7. In-person counseling.
  8. Home instruction including musical instruments, voice, dance, acting and educational subjects, swimming, tennis and other athletic instruction.
  9. Other similar personal or professional services where the client comes to the home.
  10. High-Impact Home Occupation Permit: Applications for a high-impact home occupation permit shall be reviewed based on all of the following information and review process required for a home occupation business license:
  11. Neighboring Property Owner Information: Names and addresses of all abutting and adjacent property owners, including property owners across the street(s).
  12. Leased Property: Approval of the property management or property owner shall be required if the business is conducted on a leased property.
  13. Notice To Neighboring Property Owners: Signatures of approval of all abutting and adjacent property owners on a form provided by the Community and Economic Development Department.
  14. If all of the required signatures cannot be obtained, the applicant may request the application be referred to the Planning Commission to be considered as a conditional use permit at a public meeting.
  15. If all of the required signatures are obtained, the Community and Economic Development Director or designee will review the application based on the standards of the City Code and will approve, approve with conditions, or deny the application.
  16. If the business license application is reviewed as a conditional use permit application, the Planning Commission shall approve upon finding that City requirements are met, and that public input has been considered to identify any additional conditions as outlined in item 5 below.
  17. Notification of Decision: A notice of determination shall be sent to the applicant within 10 working days of the Community and Economic Development Director's decision. The notice can be sent digitally, electronically, and/or by mailed letter.
  18. Uses classified as High-Impact home occupations must comply with the standards of this chapter, which shall be considered minimum standards. The Zoning Administrator or Planning Commission may require additional conditions to mitigate impacts of the use on adjacent properties. These conditions may include, but are not limited to:
  19. Limits on hours of operation;
  20. Limits on numbers of clients/visitors per day/hour;
  21. Provision of adequate off-street parking;
  22. Other conditions related to mitigating adverse impacts resulting from the use.

HISTORY

Ord. No. 20-39, Enacted, 12/3/2020

19.06.030.3 General Home Occupation Standards

Home occupation businesses shall comply with the following standards:

  1. Accessory Use.
  2. The home occupation shall be clearly secondary and incidental to the primary use of the dwelling unit (home), and shall not change the character of the dwelling unit (home) or the neighborhood in which it is located.
  3. Only one home occupation shall be allowed per residential dwelling unit, except for the following:
  4. A primary residential use, and legally permitted accessory residential dwelling unit (ADU) associated with the same primary residential use may both qualify to conduct a home occupation business by meeting the requirements of this Chapter.
  5. An additional low impact home occupation may be approved if the combined impacts of the businesses do not exceed the requirements of this section.
  6. Use Limitations. All home occupations shall be subject to the following:
  7. A home occupation shall not be associated with any noise, dust, odors, noxious fumes, glares, or other nuisances, which are discernable beyond the premises, as regulated in Title 9 of the Layton Municipal Code.
  8. Hours of operation for deliveries, clients, and operation of mechanical or electrical equipment is limited to 7:00 a.m. to 8:00 p.m.
  9. Home occupations shall be conducted in such a manner that the average neighbor, under normal circumstances, would not be aware of its existence as listed below.
  10. Storage, display and sale of any stock-in-trade items shall be limited to incidental visitor/customer purchases associated with by-appointment only consultations and shall not be openly displayed to be visible from the street.
  11. No internal or external alterations inconsistent with the residential use of a primary or accessory building are allowed. There shall be no visible evidence on the exterior of the premises that the property is used in any way other than for a residential dwelling and allowed accessory uses.
  12. The following uses by the nature of the investment or operation have a pronounced tendency, once started, to rapidly increase beyond limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as home occupations regardless of their conformance with the other standards of this section:
  13. Surgical procedures associated with allowed medical offices.
  14. Machine shop.
  15. Major appliance and electronics repair (washers, dryers, refrigerators, large screen televisions etc.).
  16. On-site carpentry work including cabinet making or other similar uses which generate noise, dust or fumes.
  17. Permanent yard sales.
  18. Tattooing/body art.
  19. On-site trailer, boat, RV, UTV/ATV repair.
  20. Upholstering.
  21. Vehicle or auto body repair, painting of vehicles.
  22. Welding.
  23. Vehicle sales.
  24. The listing of specific prohibited businesses in this section shall not be construed to allow or permit a home occupation business which otherwise violates this chapter.
  25. No more than 25% of the total main or upper floor area, or, in the alternative, no more than 50% of the total floor area of a basement, may be used to conduct a home occupation.
  26. Up to 300 s.f. of interior accessory structure space and up to 150 s.f. of attached garage space may be used for a home occupation. The home occupation shall not replace interior structure area used for required parking.
  27. Exception. Home daycare and pre-schools shall meet all State, County, and City requirements for the number of children allowed. If there are any conflicts with any regulations the more restrictive shall apply.
  28. The home occupation shall not carry on activities outside of a primary residential or accessory unit structure.
  29. Exception. Home daycare, pre-schools and group instruction may utilize outdoor yard spaces such as private swimming pools, tennis courts, or other similar areas for instruction and play areas. Such outdoor yard spaces shall be fenced in accordance with Code.
  30. The home occupation may employ any number of nonresident employees off-site. Nonresident employees shall not meet, congregate or park vehicles at the home or the general vicinity. Remote employees may work in other separate commercial business or home occupation locations, and shall not visit the dwelling unit (home) for any business purpose.
  31. A home occupation license may be issued to operate as an extension of a licensed business in another area (or community) by the owner or an employee, with a separate business license also required for the associated home occupation.
  32. Appointments shall be scheduled to limit overlap of business service between separate appointments.
  33. Machinery. Machinery that causes noise, electrical interference with radio or television reception, vibration, glare, fumes, odors and dust detectable at the property line is prohibited.
  34. Outdoor Yard Space. The home occupation shall not involve the use of any outdoor yard space for storage or display of materials/supplies, inventory, inoperable vehicles or equipment, unless specifically stored within an enclosed vehicle, enclosed trailer or enclosed accessory structure allowed herein.
  35. No home occupation shall use flammable material, explosives or other dangerous materials unless licensed through a state or federal agency and approved by the Layton City Fire Department;
  36. No home occupation located within a multi-family dwelling unit or townhome may use flammable material, explosives or other dangerous materials to operate.
  37. The occupation shall include no window displays and signage shall be limited to an identification sign which does not exceed four square feet, located on a single wall or window.
  38. Commercial Vehicle(s) and Trailer(s). Commercial vehicle(s) and trailer(s) stored at each residential property with a home occupation(s) shall be limited to the following types and quantities:
  39. No more than two vehicles with a maximum gross vehicle weight rating (GVWR) of 10,000 pounds; or
  40. One vehicle with a maximum gross vehicle weight rating of 14,000 pounds; and
  41. One trailer with a maximum length of 20' excluding the tongue. An open trailer shall not be used to store business or personal materials/equipment.
  42. Materials/equipment shall not be stored outside unless located entirely within an enclosed vehicle and/or trailer.
  43. The trailer and vehicle(s) shall be well-maintained and licensed, and shall not present negative impacts for adjacent neighbors including, but not limited to, odors, dust, junk or debris, or parking location.
  44. A site plan shall be included with a home occupation business license application indicating where the commercial vehicle and/or trailer will be stored.
  45. Commercial vehicle and trailer parking shall meet the same standard required for recreational vehicles as provided in 19.12.190.
  46. Vehicles, trailers, or equipment shall not be used for the primary purpose of advertising the home occupation at the site of the home occupation.
  47. Conformity With Safety Codes. There shall be complete conformity with fire, building, plumbing, electrical, and all other applicable City, County, State, and Federal codes.
  48. Health And Safety. No business operation shall be permitted that is hazardous to public health, safety, morals, or welfare.
  49. No Excessive Services. The home occupation shall not cause an increased demand for municipal or community public safety, waste, water or utility services that are substantially in excess of those usually and customarily provided for residential uses.
  50. Neighborhood Disruptions Not Permitted. The home occupation shall not interfere or disrupt the peace, quiet, and domestic tranquility of the neighborhood. The home occupation shall not create or be associated with or produce odor, smoke, dust, heat, fumes, light, glare, noises or vibrations, excessive traffic, or other nuisances including interferences with radio and television reception or any other adverse effects within the neighborhood.
  51. Appeal. The decision of the Zoning Administrator or Planning Commission related to a home occupation may be appealed to the Hearing Officer. Such appeal shall be applied for within 30 days of the decision. If the Hearing Officer approves the application, the Zoning Administrator shall issue a home occupation permit. The Zoning Administrator may revoke the home occupation permit for violation of any provision of this Code. Inspections may be performed without notice to ensure compliance to this ordinance.
  52. Delivery Vehicles. The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to standard delivery vehicles that would normally be expected in a residential neighborhood for delivery of materials to or from the premises.

HISTORY

Ord. No. 20-39, Enacted, 12/3/2020

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

19.06.040 Preschool, Home

An educational facility operated on a residential premises with the following requirements:

  1. Regularly providing an educational program for not more than 12 children at any one time (including the operator's natural, adopted, or foster children under six years of age);
  2. Children are to be under six years of age;
  3. Classes shall not be conducted for more than four hours a day;
  4. Classes shall be operated between the hours of 8:00 a.m. and 6:00 p.m.;
  5. Instructors shall show evidence of knowledge in the field that they will be teaching;
  6. Instructors shall be licensed by the State of Utah if applicable;
  7. The facility shall provide at least 35 square feet of interior floor area and at least 100 square feet of outdoor play area for each child;
  8. Such use shall be defined a home occupation for purposes of this Title and be in compliance with all City codes; and
  9. Instructors shall specify the type of curriculum that will be taught.

HISTORY

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

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

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

19.06.045 Home Day Care Regulations

Any day care operation conducted on property where the primary use is a residence shall be appropriately licensed by the State of Utah and Layton City and shall comply with the following standards:

  1. The day care operation shall comply with all provisions of a home occupation except that a day care shall be exempt from the limitation on the use of space in and outside the home.
  2. A single provider home day care shall be limited to not more than eight children including the provider's own children under the age of six. No more than two of the children may be under the age of two.
  3. A two provider home day care shall be limited to not more than 12 children including the provider's own children under the age of six. No more than three of the children may be under the age of two. Both providers shall be residents of the home in which the home day care is being conducted.
  4. There shall be a minimum of 35 square feet of interior space provided for each person within the area being used for home day care. Such space shall be exclusive of any storage, restroom, or hall spaces. A floor plan indicating what area of the home will be utilized for day care shall be submitted with each application. The floor plan shall be reviewed and approved by the City staff prior to operation of the home day care.
  5. There shall be a minimum of 100 square feet of yard space provided for each child kept within the day care. Said space shall be secured by fencing or other acceptable means. Any area or use within the yard area determined to be a hazard to children shall be secured from access and shall not be counted in the open space for the home day care. A site plan of the yard space being used for home day care shall be reviewed and approved by the City staff.
  6. The area(s) used for the home day care shall have two separate means of egress arranged so that if one is blocked, the other will be available.
  7. Exit doors other than the main exit may be 32" wide. Main exits shall be 36" wide.
  8. When the area being used for home day care is located in the basement or on the second floor, one of the exits must discharge directly to the outside.
  9. No home day care shall be operated above the second floor of a residential structure.
  10. Rooms used for sleeping shall have at least one window and door approved for emergency escape.
  11. Closet door latches shall be such that children can open the door from the inside of the closet.
  12. Bathroom door locks shall be readily openable by the provider(s) from the outside.
  13. Smoke detectors shall be installed according to the latest edition of the adopted building code.
  14. Electrical outlets shall be protected or capped with safety devices.
  15. Toxic, hazardous, flammable materials, medicines, firearms, or other potentially hazardous materials shall be locked in a protected area.
  16. Fireplaces, wood burning stoves, or open face heaters shall be inaccessible to children when in use. Portable space heaters are not permitted when children are on the premises.
  17. Each home day care shall have a written emergency and/or disaster plan which covers natural disasters, power failures etc., which may pose a health hazard to the children. Evidence that an emergency drill has been conducted at least on a quarterly basis shall be provided to the Layton City Fire Department at the time of the yearly inspection.
  18. The area devoted to day care shall be provided with at least one (1) fire extinguisher.

HISTORY

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

Ord. No. 99-14, Enacted, 3/18/1999

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

19.06.050 Residential Facility For Elderly Persons

A residential facility for elderly persons is a dwelling unit that offers living quarters to a limited number of non-related elderly persons. Residential facilities for elderly persons shall be allowed as a permitted use in multi-family zoning districts and a conditional use in single family zoning districts. A residential facility for elderly persons may not operate as a business. A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility. Residential facilities for elderly persons shall comply with the following requirements:

  1. Shall be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
  2. Shall be consistent with existing zoning of the desired location;
  3. Shall be occupied on a 24 hour per day basis by eight or fewer elderly persons in a family type arrangement;
  4. Shall meet all applicable building, safety, zoning, and health ordinances applicable to similar dwellings;
  5. Shall provide adequate off-street parking space as per Section 19.12.050;
  6. Shall be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
  7. No residential facility for elderly persons be established within three-quarters mile of another residential facility for elderly persons or residential facility for persons with a disability, as defined by Section 10-9-605 of the Utah Code;
  8. No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and
  9. Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
  10. The use granted and permitted by this Section is non-transferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the ordinances adopted under this part.
  11. Discrimination against elderly persons and facilities for elderly persons and persons with disabilities is prohibited.

HISTORY

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

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

Ord. No. 99-26, Amended, 5/20/1999

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

19.06.060 Residential Facility For Persons With A Disability

A residential facility for persons with a disability (as defined in the Utah Code) means a residence in which more than three persons with a disability reside. Residential facilities for persons with a disability must conform to the following:

  1. All applicable standards and requirements of the Department of Human Services under Utah Code Title 62A Chapter 2, Licensure of Programs and Facilities; and
  2. Meets all municipal building, safety, and health ordinances applicable to similar dwellings and complies with Utah Code Title 57, Chapter 21, Utah Fair Housing Act, and the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et. seq.; and
  3. Residents of the facility shall be properly supervised on a 24 hour basis; and
  4. Provides adequate off-street parking to accommodate the number of vehicles anticipated for the use; and
  5. Is capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure's residential character; and
  6. Not allow a person being treated for alcoholism or drug abuse be placed in a residential facility for persons with a disability; and
  7. Not allow a person with a documented history of violence to be placed in a residential facility for persons with a disability; and
  8. Require that placement in a residential facility for persons with a disability be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility; and
  9. Obtain appropriate business license to facilitate inspections for compliance with the building, safety, and health regulations that are applicable to similar structures; and
  10. The responsibility to license programs or entities which operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services as provided in Utah Code Section 62A-2-114 and Title 62A, Chapter 5, Services to People with Disabilities; and
  11. Limit the occupancy of a "Residential Facility for Persons with a Disability – Small" to a maximum of two (2) persons with a disability per bedroom.

HISTORY

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

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

Ord. No. 99-27, Amended, 6/17/1999

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

Ord. No. 11-23, Amended, 9/15/2011

19.06.070 Repealed.

HISTORY

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

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

Ord. No. 00-36, Amended, 8/17/2000

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

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

Ord. No. 23-08, Repealed 5/18/2023

19.06.080 Farm Animals

  1. Animals normally associated with being kept outdoors and/or normally associated with agricultural areas such as horses, cows, goats, sheep, pigs, rabbits, chickens, ducks, geese, or other farm animals, shall be identified as farm animals and shall not be allowed as household pets.
  2. Except as otherwise provided herein, farm animals shall only be allowed in the A (agricultural) and R-S (residential suburban) zoning districts. The number and type of animals and fowl allowed in these zoning districts shall be limited as follows:

Animal

Minimum Lot/Parcel Size in Square Feet

Lot Area/Parcel Size in Square Feet Required for Every 1 Animal

Zones

Horse or Cow

20,000

20,000

A, R-S

Sheep, Goat or Pig/Swine

20,000

10,000

A, R-S

Geese

20,000

2,000

A, R-S

Pheasant, Rabbit, or Pigeon

20,000

800

A, R-S

  1. Animals and fowl not specifically listed may be substituted for those listed of similar size.
  2. Combinations of animals and fowl are also allowed within the numbers listed for each category.
  3. An increase in this density is allowed only by a conditional use permit for a farm industry as set forth in this Title.
  1. Residential Chicken and Duck Permit Requirements. The purpose of this section is to provide regulations for the keeping of chickens and/or ducks in residential zoning districts. For the purpose of this Subsection, the term "chicken" refers only to the female, or hen, of the species. Chickens and/or ducks in residential zoning districts may be kept in a way which will ensure the continued health and welfare of Layton residents and maintaining the residential character of Layton City neighborhoods while permitting a more sustainable way of living. Any resident with the intent of keeping chickens and/or ducks within a single-family zoned lot or parcel shall comply with the following provisions:
  2. permitted number of chickens and/or ducks based on lot size:

Animals

Minimum Lot Area/

Parcel Size in Square Feet

Lot Area/Parcel Size in Square Feet

Required for Every One (1) Animal

Zones

Chickens, Ducks

(Permit Required)

8,000

1,600

R-1-6, R-1-8, R-1-10, R-S


14,000

1,400

R-1-6, R-1-8, R-1-10, R-S


20,000

1,200

R-1-6, R-1-8, R-1-10, R-S

Chicken, Ducks

43,560

1,000

R-S, A

Footnote: All other fowl associated with being kept outdoors are prohibited in R-1-6, R-1-8, and R-1-10 zones. Fowl that require a permit cannot be substituted for any other animal or fowl.

  1. combination of fowl: a combination of chickens and ducks are allowed within the numbers listed for each category.
  2. Computation. When the computation of permitted animals results in a fraction, any fraction below 1/2 shall be disregarded, and fractions including 1/2 and over shall be permitted one additional animal.
  3. chickens and duck permit requirements:
  4. a City permit is required for the keeping of chickens and/or ducks in the R-1-6, R-1-8, R-1-10, and R-S zoning districts. A permit shall not be required for properties zones R-S that have one acre or more.
  5. a one-time permit shall apply. The permit fee shall be in accordance with the City's latest Consolidated Fee Schedule.
  6. the permit application shall include a plot plan that shows the location, setbacks, size, and height of the coop, pen, cage, and/or similar structure.
  7. requirements for coop, pen, cage, or similar structure and including run: 
  8. shall not be taller than seven feet at the highest point of roof;
  9. shall be restricted to the rear or backyard of a residential use;
  10. properties with less than 20,000 square feet shall have a pen/run maximum on 120 square feet and shall be located not less than five feet from all property lines;
  11. properties with over 20,000 square feet that may have a pen/run larger than 120 square feet provided the pen/run is located not less than ten feet from all property lines;
  12. all animals must be kept in an area enclosed by a fence sufficient to prohibit escape; this is in addition to the coop, pen, cage, or other similar structure;
  13. all pens, coops, and cages shall be kept clean and free from objectionable odor and waste. Waste and debris must be kept from becoming offensive or a health hazard.
  14. roosters are not permitted in R-1-6, R-1-8, R-1-10, and R-S zoning districts.
  15. no slaughter is allowed.
  16. A permit may be revoked upon the conviction of the permit holder of a violation of this section.
  17. Ownership and Maintenance of Apiaries (Honeybee, Apis Mellifera). The purpose of this Section is to provide regulations for the keeping of apiaries in residential zones:
  18. each beekeeper must register and maintain an active license with the Utah Department of Agriculture and Food;
  19. a suitable source of water must be available to the colony(s) continuously between March 1 and October 31 of each year. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property;
  20. hive(s) shall be restricted to the rear or backyard of a residential use;
  21. hive(s) shall be placed on a property in a location that directs the general flight pattern of bees in a direction that will deter bee contact with humans and domesticated animals;
  22. a person shall not locate nor allow a hive on a property owned or occupied by another person without first obtaining written permission from the owner or occupant;
  23. each beekeeper shall ensure that bee comb and all beekeeping equipment are not abandoned on the site. All such equipment shall promptly be stored within a building or other bee-proof enclosures or disposed of in a sealed container;
  24. it is the beekeeper's responsibility to make attempts to prevent swarming;
  25. notwithstanding compliance with the various requirements for owning and maintaining apiaries, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety, or creates a nuisance. Bees and associated beehives may be ordered removed from any property if they are determined to be a nuisance.
  26. Hives located in R-1-10, R-1-8, R-1-6, R-S, or A zoning districts on one acre or less shall adhere to the following setbacks and criteria:
  27. hives shall be set back a minimum of five feet from any property line and public right-of-way;
  28. hives shall be a minimum of six inches above the average grade with the total height not to exceed six feet;
  29. a flyway barrier is required when any aspect of a hive is located within 25' of any property line or public right-of-way. Flyway barrier(s) must be six feet in height, adjacent to the hive(s) and extend a minimum of ten feet in length beyond the hive;
  30. the number of hives permitted is based on the residential lot size in Table 1.

TABLE 1

Lot Size

Permitted Number Of Hives

0 - 10,890 sq. ft

Up to 3 Hives

10,891 - 21,780 sq. ft.

Up to 5 Hives

21,781 - 32,670 sq. ft.

Up to 6 Hives

32,671 - 43,560 sq. ft.

Up to 8 Hives

  1. Hives located in A and R-S zoning districts on lots larger than one acre shall adhere to the following setbacks and criteria:
  2. hives shall be set back a minimum of ten feet from any property line and public right-of-way;
  3. hives shall be set back a minimum of 50' from any primary residential structure on any adjacent lot;
  4. hive(s) shall be placed on the property in a manner that the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals;
  5. hives must be a minimum of six inches above the ground;
  6. the keeping of apiaries for commercial purposes is permitted within A and R-S zoning districts on lots larger than one acre;
  7. a flyway barrier is required when any aspect of a hive is located within 25' of any property line or public right-of-way. Flyway barrier(s) must be six feet in height, adjacent to the hive(s) and extend a minimum of ten feet in length beyond the hive;
  8. the number of hives permitted in A and R-S zoning districts is based on lot size as shown in Table 2.

TABLE 2

Lot Size

Permitted Number Of Hives

43,561 sq. ft. or larger

No Limit

HISTORY

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

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

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

Ord. No. 10-02, Amended, 2/18/2010

Ord. No. 12-26, Amended, 9/20/2012

Ord. No. 15-17, Amended, 9/17/2015

Ord. No. 20-14, Amended, 6/4/2020

Ord. No. 23-08, Amended 5/18/2023

19.06.090 Temporary Permitted Uses

Upon written application showing proof of need, the Community and Economic Development Director or designated person may issue a building permit and temporary certificate of occupancy for the use of land by temporary buildings under the conditions noted in Subsections (1), (2), and (3) below. Temporary - mobile construction offices may be allowed in any zoning district as uses by right provided that the temporary certificate of occupancy shall be valid for a period of six months, subject to renewal for not more than three successive six month periods. Renewals may be granted only if construction is pursued with due diligence and completion of the project has been delayed by means not under the control of the developer/builder. Mobile construction offices as noted in Subsection (2) below, may include non-commercial concrete or asphalt batching plants and building materials/equipment storage areas which are both incidental and necessary for the construction of the immediate project, and are to be used only thereon.

  1. Mobile construction offices. Mobile construction offices may be allowed in R-H, RM-1, R-2, R-1-6, R-1-8, R-1-10, R-S, and A zoning districts with the following requirements:
  2. In single family zoning districts a permit for a mobile construction office may be issued only after the permit for the model home has been issued;
  3. The mobile construction office will comply with the clear view requirements set forth in Section 19.16.080;
  4. Mobile construction offices must comply with the setbacks for the individual zoning district in which it is located;
  5. The mobile construction office will provide off-street parking for all employees that will work in the office; and
  6. Mobile construction offices must be removed within 14 days of occupancy of the permanent building.
  7. Mobile construction offices. in commercial and industrial zoning districts may be allowed with the following requirements:
  8. A maximum of three mobile construction offices will be allowed per site where a construction permit has been issued;
  9. Mobile construction offices must be located out of all clear view areas as set forth in Section 19.16.080;
  10. Mobile construction offices will comply with setbacks for the individual zoning district in which it is located;
  11. Mobile construction offices must supply off-street parking for all employees; and
  12. Mobile construction offices must be removed within 14 days of occupancy of the permanent building.
  13. Model homes. Model homes may be allowed as a permitted use in the R-MH, RH, R-M1, R-2, R-1-6, R-1-8, R-1-10, R-S, and A zoning districts for the marketing of lots or structures in the subdivision in which they are located, with the following criteria:
  14. The model home approval expires when the subdivision is more than 80% developed or has been occupied as a model home for three years whichever comes first;
  15. A minimum of three off-street parking spaces are provided;
  16. An exterior lighting plan is provided indicating the location, direction, and timing of all lighting on the site;
  17. A signage plan is provided indicating the size and location of all signs consistent with Chapter 20.05 of this Code;
  18. The model home may only operate daily between the hours of 10:00 a.m. and 7:00 p.m.; and
  19. A model home shall not be used as a general real estate office or construction management office for off-site developments.
  20. Garage, Yard sale: Any sale of personal belongings in residential zoning districts must be sold by a resident of the property. Garage Yard sales are not to occur more than four days annually.

HISTORY

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

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

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

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

19.06.100 Prohibition Of Undesirable Emissions

Every use shall be so operated that it does not emit an excessive or dangerous degree of fumes, dust, smoke, or other form of air pollution, and heat, glare, or radiation beyond any lot on which the use is located. No use shall generate vibration which is perceptible without the use of instruments at any lot line. Sound shall not be generated to the extent that it is transmitted beyond the lot boundaries to an objectionable degree and offensive to the peace.

  1. Exterior lighting installed in commercial, industrial, and institutional uses that are adjacent to residential areas, shall submit plans and specifications for approval by the City which meet the following standards:
  2. Any light fixture located within 35' of a residential boundary shall not exceed a height of 20';
  3. Light fixtures located more than 35' from a residential boundary shall not exceed the maximum height permitted for main structures in the zoning district, or 35', whichever is less;
  4. Light standards shall be spaced at a distance of at least four times the height of the standard;
  5. Shielding of light fixtures shall be provided such that the light source shall not be visible at a height greater than five feet above ground level at any residential property line. Shielding shall also be provided such that any lighting will not create a hazard to any driver on an adjacent public street;
  6. Uplighting (lights at or near ground level used to highlight architecture, landscaping, or signs) or spotlighting shall be focused to the interior of the commercial/industrial site, or at an angle into the air such that no beam of light shall enter onto residential property or into a street so as to create a hazard to any driver;
  7. A site plan showing the lighting pattern of each light, whether mounted on a standard, on the ground, or any structure, shall be submitted to the Community and Economic Development Department for approval; and
  8. Recreational facilities and community uses requiring lighting may be exempted from the above requirements; however, all such lighting shall be approved as a conditional use.
  9. Exterior electronic two-way conversation systems at any commercial/industrial location shall be allowed so long as the volume of such systems shall be such maintained at a level that any message or conversation is not intelligible beyond the property line at any time.
  10. Exterior paging or public address systems, including telephone and music connections, shall not be allowed at any commercial or industrial location. Existing public address systems may remain as they have been installed but shall not be expanded. Exterior public address systems at any institutional, park, or community use shall specifically be considered in the conditional use approval. Temporary public address systems for public celebrations or rallies shall be exempt from these regulations.
  11. All electrical and mechanical systems installed at any commercial/industrial location that is adjacent to a residentially zoned area shall provide a buffer such that the equipment cannot be seen or heard above the average noise levels in the area from the residential property.
  12. All service areas including loading/unloading and garbage or recycled materials pick up shall be located, buffered and operated such that adjacent residential areas will not be disturbed by the use thereof.

HISTORY

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

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

Ord. No. 01-36, Amended, 8/2/2001

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

19.06.110 Outdoor Storage

In addition to requirements found elsewhere in the Layton Municipal Code and laws of the State of Utah, all outdoor storage shall be done under the requirements of this Section.

  1. No yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Title, shall be used for the storage of junk, trash, building materials, debris, inoperable vehicles or commercial equipment, fuel, and no other land shall be used for such purposes except as specifically permitted herein.
  2. All outdoor storage facilities, except for agricultural products, shall be enclosed by a fence or wall at least six feet in height and impervious to sight. No items may be stacked higher than the fence or wall of the enclosure unless expressly exempted elsewhere in this Title.
  3. No materials or waste shall be deposited upon any property in such form or manner that they may be transferred off such property by natural causes or forces. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by, or otherwise be attractive to rodents or insects may not be stored outdoors unless put in closed containers.
  4. Open storage of hay or other agricultural products shall be located not less than 40' from a public street, and 50' from any dwelling on adjoining property; except, that any accessory building containing such products shall be located as required for all agricultural accessory buildings as provided for herein.
  5. Outdoor storage in the M-2 and M-1 zoning districts may exceed the height of six feet when all surrounding properties have the same zone. If a railroad right-of-way is adjacent to the property, storage may exceed six feet upon Zoning Administrator approval. The following shall be the criteria by which the Zoning Administrator shall approve the storage:
  6. There is adequate screening to prevent any residential zoning districts across the railroad right-of-way from viewing the storage.
  7. The storage is screened to prevent a view of the storage from a commuter rail train. Screening can be accomplished by a change in grade, landscaping, or sight-obscuring fences and walls. The Zoning Administrator may impose any other features designed to mitigate the impact of the storage. In no case may storage exceed the height of 15'.
  8. All automobile repair shops and reconditioning shops shall have all vehicles kept for repair for more than one day, stored in an area screened from the view of any adjacent property or street. Such screening shall be accomplished by placing said vehicles within an area surrounded by a solid, view obstructing fence or wall at least six feet in height. The Zoning Administrator may require higher fences or walls where deemed appropriate. The storage area may not be used as a junkyard. No items stored in the enclosed area may be stacked higher than the fence or wall of the enclosure. Such facilities shall also meet the parking lot requirements of Section 19.12.100 of this Title.
  9. Vehicles, machinery, or equipment that stand above the height of six feet (6') do not need to be screened above six feet, except as required by the Planning Commission or elsewhere in this Title.
  10. The storage of licensed, registered, and operable personal autos, recreational vehicles, and utility trailers is permitted in residential zoning districts and screening is not required. Storage of these vehicles shall be subject to other requirements of this Code.

HISTORY

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

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

Ord. No. 01-39, Amended, 9/6/2001

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

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

19.06.120 Swap Meets

All swap meets shall comply with the following criteria:

  1. Restroom facilities shall be provided for both the sellers and the public;
  2. The site of the swap meet shall be secured with fencing or other acceptable barriers to restrict ingress and egress to specific, regulated points of access; and
  3. Parking for the sellers and the public shall be provided at a ratio of one and one half parking stalls per seller. The parking area shall be arranged so as not to intrude on the required parking stalls for other uses adjacent to the swap meet.

HISTORY

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

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

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

19.06.130 Self-Storage Facility Requirements

All self-storage facilities shall meet the following requirements:

  1. Location.
  2. Self-storage facilities shall be a permitted use in the M-1 (Light Manufacturing/Industrial) and M-2 (Heavy Manufacturing/Industrial) zoning districts only.
  3. Self-storage facilities permitted after the adoption of this ordinance shall not be located within 600’ of another existing or permitted self-storage facility. The distance shall be measured in a straight line between the nearest property boundary lines of the subject parcels.
  4. Self-storage facilities located within the Accident Potential Zone (APZ) of Hill Air Force Base shall be exempt from the requirements of 19.06.130 (1.b.) and 19.06.130 (2.a.), (2.b), and (2.d.).
  5. Design Requirements. The following design standards shall apply to self-storage facilities permitted after the adoption of this ordinance:
  6. The minimum building height shall be three stories; and
  7. The maximum building footprint shall be 33,000 square feet; and
  8. At minimum, one main building entrance shall be provided at the ground floor level for customer access. The main building entrance shall front a primary street; and 
  9. When fronting a primary street, the ground floor level shall contain a minimum of 25% building transparency. Each floor level above the ground floor level shall contain a minimum of 40% building transparency; and 
  10. Buildings shall be surfaced with at least two exterior material variations and two exterior color variations, with at least 25% of the second material and second color applied to building areas visible from public street(s); and
  11. Self-storage facilities adjacent to residential uses shall screen all loading bays, docks, storage unit doors, and similar from the view of adjacent residences and public streets; and
  12. Fences, walls, and entry gates shall be compatible with the overall design of the site and with the materials used on the building(s).  Fences/walls shall be constructed of decorative block or vinyl. Chain-link, barbed, and razor wire fences are strictly prohibited.   Entry gates shall be constructed of decorative metal or vinyl materials; and 
  13. Twenty-four hour security or camera surveillance shall be provided to customer accessible building interiors and exterior site areas; and
  14. Self-storage units shall not be used for residential/living purposes, and shall not be used to operate as the primary use of a business; and
  15. Impervious surfacing (concrete, asphaltic concrete, or asphalt) shall be provided in all areas of established or anticipated traffic flows surrounding the building(s) and throughout the entire site, except where landscaping is required; and
  16. All areas not required to either be landscaped or surfaced with impervious surfacing shall be surfaced with a hard material such as roadbase or gravel, and maintained free of weeds and other debris; and
  17. All outdoor storage areas shall meet the parking lot requirements of 19.12.100 of Layton Municipal Code (LMC) and shall be enclosed by a fence or wall at least six feet in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street. The Zoning Administrator may require additional fencing requirements if deemed necessary to ensure screening from adjacent property and the street.  No junk may be stored within outdoor storage areas and no items may be stacked higher than the fence or wall of the enclosure.

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. 18-12, Repealed and Reenacted, 5/3/2018

19.06.150 Outdoor Trash Receptacles

All commercial, industrial, institutional, multi-family, condominium or other development, or other similar enterprises are required to provide garbage collection. All trash receptacles that are stored outdoors shall be kept within an area enclosed by a fence or wall at least six feet in height and impervious to sight, adequate to conceal such facilities from adjacent property and the street. No items may be stacked higher than the fence or wall of the enclosure. Temporary containers for construction sites, containers located as part of City sponsored clean-up activities or celebrations, and those in public parks are exempt from these requirements.

HISTORY

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

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

Ord. No. 01-39, Amended, 9/6/2001

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

Ord. No. 06-08, Amended, 2/16/2006

19.06.160 Auto Wrecking

The presence on any lot or parcel of land of two or more motor vehicles, which parts have been or are to be removed for reuse or sale or when said vehicles are to be discarded or scraped, shall constitute prima-facie evidence of an automobile wrecking yard.

HISTORY

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

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

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

19.06.170 Commercial Uses In Manufacturing Zoning Districts

  1. L4 use requirements:
  2. No more than 40% of total interior building area shall be allowed to be occupied with uses listed in Table 6-2 as L4.
  3. Land uses shall comply with applicable parking regulations outlined in LMC 19.12.
  4. The following uses are exempted from the 40% interior building area limitation if the building is located within the M-2 zoning district and is entirely within 275 linear feet of the public right-of-way of an arterial roadway:
  5. Athletic Center;
  6. Sports Facility/Complex; and
  7. Studio- Health, Exercise, Dance, Music, or Similar.

HISTORY

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

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

Ord. No. 20-38, Amended, 11/19/2020

19.06.180 Reserved

HISTORY

Ord. No. 04-31, Enacted 4/1/2004

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

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

19.06.190 Charter Schools

  1. A charter school shall be considered a permitted use in all zoning districts. Charter schools shall conform to the setback, height, bulk, and massing requirements within each zoning district except as outlined in Subsection 19.05.030(18) of this Title for institutional uses in A (agricultural) and R (residential) zoning districts.
  2. Off-street parking requirements for a charter school shall be the same as the minimum requirements for schools or other institutional public uses in the City. Curb cut locations and traffic circulation as they relate to the pick-up and drop-off of students shall be provided off-street and designed to minimize traffic congestion on adjacent public streets.
  3. Charter schools shall have the same separation requirements as schools from sexually oriented businesses and businesses that sell alcohol.

HISTORY

Ord. No. 05-14, Enacted 4/7/2005

19.06.200 Title Loan, Payday Loan, Deferred Deposit Lending And Similar Business

  1. General.
  2. Title loan, payday loan, deferred deposit lending, and similar businesses shall be located and maintained in accordance with the following standards and conditions:

Title loan, payday loan, deferred deposit lending, and similar businesses shall only be allowed as a conditional use in areas zoned CP-2 (planned community commercial) or C-H (planned highway commercial).

  1. Title loan, payday loan, deferred deposit lending, and similar businesses shall not be located within 1,500' of another title loan, payday loan, deferred deposit lending, and similar business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
  2. Title loan, payday loan, deferred deposit lending, and similar businesses shall be limited to one title loan, payday loan, deferred deposit lending, and similar business per 10,000 in Layton City population. The total population figures shall be based on the U.S. Census Bureau's report for Layton City.
  3. The following shall only apply to title loan, payday loan, deferred deposit lending, and similar businesses that had an active business license before February 3, 2011, in Layton City:
  4. Termination of business license. If any title loan, payday loan, deferred deposit lending, or similar business fails to renew its Layton City Business License or vacates the premises, then the business and use is deemed terminated. All title loan, payday loan, deferred deposit lending, and similar businesses that do not meet the zoning and separation requirements shall be considered nonconforming and will be subject to the provisions of Section 19.15.030 of the Layton Municipal Code.
  5. Relocation of existing business. Any title loan, payday loan, deferred deposit lending, and similar business existing before February 3, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.

HISTORY

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

19.06.210 Retail Tobacco Specialty Business Criteria And Conditions

  1. General. Retail tobacco specialty businesses shall be located and maintained in accordance with the following standards and conditions:
  2. Retail tobacco specialty businesses shall only be allowed as a conditional use in areas zoned C-H (Planned Highway Commercial) and not allowed as a Temporary or Seasonal Use.
  3. Retail tobacco specialty businesses shall not be located within 1,000' of a community location or homeless shelter.
  4. Retail tobacco specialty businesses shall not be located within 600' of another retail tobacco specialty business within or outside of Layton City boundaries.
  5. Retail tobacco specialty businesses shall not be located within 600' of property used or zoned for agricultural or residential use.
  6. The proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in LMC 19.06.210(2)(b) through (d), without regard to intervening structures of zoning districts.
  7. Any retail tobacco specialty business that had an active business license and is operating in the City in accordance with all applicable laws before December 31, 2015, maintains the right to operate as a non-conforming use.
  8. Termination of Business. If any retail tobacco specialty business fails to renew its Layton City Business License, vacates the premises, suspends the sale of tobacco products for more than 60 consecutive days, or substantially changes the business premises or business operations, then the business and use is deemed terminated. All retail tobacco specialty businesses that do not meet the zoning and separation requirements shall be considered non-conforming and will be subject to the provisions of LMC 19.15.030.
  9. Relocation of Existing Business. Any retail tobacco specialty business existing before November 17, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The nonconforming status of the prior site is deemed to have been terminated.  

HISTORY

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

Ord. No. 19-24, Amended, 9/5/2019

19.06.220 Regulations Specific To Small Dealerships

A small dealership business shall be permitted in the CP-3, C-H, M-1, and M-2 zoning districts, subject to the following requirements:

  1. No more than two vehicles shall be displayed outside at any one time. All other vehicles shall be stored inside a building.
  2. Vehicles displayed outside shall be located in an improved striped parking stall but shall not be located in handicapped parking stalls.
  3. Vehicles displayed outside shall not have any attached signage other than writing on vehicle windows. Writing shall not occupy more than two windows of any vehicle.
  4. For the purposes of temporary signage, a small dealership shall not be considered an "outdoor retailer."
  5. All vehicles displayed outside shall be in working order and generally void of noticeable damage including but not limited to considerable body rust, broken windows, flat tires, missing bumpers, or major body damage.
  6. Any amount of vehicle repair associated with small dealerships shall be subject to additional regulations and permits.
  7. Vehicles stored inside a building shall adhere to all Fire Safety Codes including, but not limited to:
  8. Vehicle batteries shall be disconnected;
  9. Fuel tanks shall not be filled beyond one-quarter tank, or five gallons, whichever is less;
  10. Fuel tanks and fuel openings shall be closed and sealed to prevent tampering;
  11. No fueling or de-fueling of vehicles shall take place inside a building; and
  12. Vehicles within buildings shall not obstruct any means of egress.

HISTORY

Ord. No. 14-08, Enacted, 6/19/2014

19.06.230 Waste Transfer Station

One waste transfer station, and associated solid waste management activities, is allowed to be established in the M-1 or M-2 zoning district based on the following criteria:

  1. One waste transfer station is allowed to be established in Layton City, which shall be operated by a public entity, and shall be located on property contiguous to the existing Davis Energy Recovery Facility operated by the Wasatch Integrated Waste Management District.
  2. All solid waste management activities associated with the waste transfer station shall be operated within a fully enclosed building.
  3. The site on which the waste transfer station is located shall be enclosed by a minimum six foot perimeter fence. In addition to the landscape buffer requirements of this Title, the Planning Staff may require additional landscaping and/or trees to screen the waste transfer station from adjacent areas.
  4. Development of the site shall take into account effective means to control the harborage of rodent, insects and birds on the site based on appropriate industry standards.
  5. Development of the site shall incorporate appropriate pollution control measures to protect surface and ground waters through the use of State and City approved run-off collection and treatment systems.
  6. The waste transfer station shall operate consistent with the rules and regulations of Utah Administrative Code (UAC) R315-313-2 entitled "Transfer Station Standards."
  7. The waste transfer station proposed within any of the Layton City Drinking Water Protection Zones shall comply with the regulations for potential contamination sources outlined in Chapter 19.20 of this Title.
  8. If the waste transfer station is proposed within the Air Installation Compatible Use Zones (AICUZ) or Accident Potential Zone (APZ) of Hill Air Force Base (HAFB), the building and site shall be subject to the HAFB land use compatibility guidelines for noise zones and/or the APZ and any associated perpetual land use easement owned by the State of Utah.
  9. Scavenging on the site shall be prohibited.
  10. A traffic impact study prepared by a registered traffic engineer shall be required. The traffic study shall include an analysis of on-site circulation, capacities of existing streets, number of additional trips which will be generated, origin/destination studies, and peak home traffic generation and movements.

HISTORY

Ord. No. 16-35, Enacted, 7/7/2016

19.06.240 Accessory Agricultural Uses

Accessory agricultural uses shall be permitted in the “A” (Agriculture) zone, subject to the following requirements:

  1. Production: Agriculture and/or farm industry operations shall remain the primary use, therefore, agricultural and farm industry products and/or services for sale and purchase shall actively and continuously be provided, with an exception during the winter season; and
  2. Lot Size: The parcel and/or combination of all individual parcels shall consist of an area that is not less than two acres; and
  3. Scale: Accessory agricultural uses shall not exceed 30% of the site’s overall gross acreage; and
  4. Retail Sales: Fifty percent of products and/or goods for sale shall be agricultural and farm industry related products and/or goods; and
  5. Ownership: Operations may consist of multiple properties; however, all properties that do not have identical and common ownership shall provide an agreement or lease to verify land ownership, property owner approval, and portion(s) of land to be used for the accessory agricultural use; and
  6. Use of Existing Buildings: Existing buildings and facilities intended for accessory agricultural uses shall meet the current building code requirements and receive final occupancy approval; and
  7. Newly Constructed Buildings: New buildings and facilities intended for accessory agricultural uses shall reflect an agricultural architectural style and form that is consistent with the area’s rural character and existing agricultural buildings; and
  8. Noise: All noise and/or music shall be maintained at a level that any message or conversation is not a nuisance as defined in Layton City Municipal Code; and
  9. Outdoor hours of operation: Outdoor uses and or activities, not including residential overnight accommodations, shall be limited to operating during the hours of 8:00 A.M. to 10:30 P.M.; and
  10. Light: Outdoor lighting should be screened by shields or hoods to prevent glare onto adjacent properties. Lighting must be turned off by 10:30 P.M. for all outdoor gathering areas and/or arenas; and
  11. Parking: The required number of parking stalls, as outlined in Section 19.12 of this Title, shall be met and maintained. Parking requirements may be reduced by up to 20% if the following criteria is met:
  12. Evidence is provided that the parking calculations do not adequately account for circumstances unique to the particular proposed use; and
  13. A parking demand analysis shows that the needed number of parking stalls is less than the required amount of stalls as outlined in Section 19.12 of this Title.
  14. Business license: A business license is required for all accessory agricultural uses. A business license agreement shall be required to address potential impacts to surrounding property(s). The business license agreement will be reviewed and approved by the Zoning Administrator, or their designee. 

HISTORY

Ord. No. 17-21, Amended, 7/20/2017

19.06.250 Cannabis Production

  1. General. Cannabis Production shall only be allowed as a permitted use in areas zoned A-2 (Argricultural Production) and M-2 (Heavy Manufacturing/Industrial) and shall not be allowed as a Temporary or Seasonal Use. Cannabis Production shall meet all statutory and regulatory requirements, including those contained in §4-41 of Utah Code (as amended).

HISTORY

Ord. No. 19-37, Enacted, 11/21/2019

Ord. No. 19-38, Amended, 11/21/2019

19.06.260 E-Commerce Retail And Fulfillment

  1. At least half of the windows and doors along street-facing building elevations shall be visible into finished interior reception, office, retail or business operation areas. Warehouse and equipment storage areas shall not be visible from the street-facing windows and doors.
  2. Any transparent street-facing windows and doors that connect to warehouse and equipment storage areas shall be screened to block interior visibility with no more than 30% screening as window signs, and no more than 50% screening as window displays.

HISTORY

Ord. No. 20-38, Enacted, 11/19/2020

19.06.270 Light Commercial Flex Manufacturing

  1. When operated, machines and instruments shall not emit a noise level greater than 85 decibels (dB), and shall not emit detectable vibration, dust, odor, fumes or gas beyond the boundary of the property or noise above ambient level (size limit). Interior noise levels associated with business operations and machines may be increased above 85 dB if interior building sound attenuation is applied to mitigate any sound increase that would otherwise transmit into attached commercial or residential units.
  2. At least half of the windows and doors along street-facing building elevations shall be visible into finished interior reception, office, retail or business operation areas. Warehouse and equipment storage areas shall not be visible from the street-facing windows and doors.
  3. Any transparent street-facing windows and doors that connect to warehouse and equipment storage areas shall be screened to block interior visibility with no more than 30% screening as window signs, and no more than 50% screening as window displays.

HISTORY

Ord. No. 20-38, Adopted, 11/19/2020

19.06.280 Manufacturing/Industrial Services

  1. When operated, machines and instruments may emit a noise level greater than 85 decibels (dB), without detectable vibration, dust, odor, fumes or gas that extend beyond the boundary of the property or noise ambient level.

HISTORY

Ord. No. 20-38, Enacted, 11/19/2020

19.06.290 Office And Indoor Storage

  1. Storage areas are not allowed for manufacture or fabrication of products and/or the modification of materials, unless the specific commercial use meets the noise and impact standards associated with Light Commercial Flex Manufacturing.
  2. At least half of the windows and doors along street-facing building elevations shall be visible into finished interior reception, office, retail or business operation areas. Warehouse and equipment storage areas shall not be visible from the street-facing windows and doors.
  3.  Any transparent street-facing windows and doors that connect to warehouse and equipment storage areas shall be screened to block interior visibility with no more than 30% screening as window signs, and no more than 50% screening as window displays.

HISTORY

Ord. No. 20-38, Enacted, 11/19/2020

19.06.300 Accessory Dwelling Unit Standards

  1. Purpose and Intent
  2. To establish a city ordinance governing the construction and use of Accessory Dwelling Units, or ADUs. An ADU is an independent dwelling unit that is either attached to or detached from the primary dwelling.
  3. Accessory dwelling units provide a portion of the needed supply of more affordable housing for individuals and families while allowing them to live independently. The standards within this chapter will protect the purpose of single-family zoning districts, the character of single-family neighborhoods, the privacy of surrounding homeowners, and reduce impacts. 
  4. Communities that allow accessory dwelling units find that they supply housing for the elderly, disabled, young families, and young professionals. ADUs can also provide supplemental income to the primary homeowner, which may make a home more affordable for the primary homeowner. ADUs use the same infrastructure as the primary dwelling and do not require additional public investment. ADUs provide a less expensive way to increase the affordable housing stock in the City.
  5.  General Regulations.
  6. An ADU is allowed as an accessory use to a legally conforming detached single-family dwelling within a primarily residential zone. ADUs are not permitted as an accessory use to attached single-family homes, even when located in a primarily residential zone.
  7. A maximum of one ADU allowed per single-family lot or parcel.
  8. An ADU shall be allowed within the footprint of a single-family home or as an addition to a single-family home. Detached ADUs are permitted on lots or parcels 6,000 square feet or larger. ADUs shall adhere to all standards listed in Section 19.06.020(4).
  9. Utility Meters. All ADUs shall connect to the same (water, gas, sewer, etc.) utility lines as the primary dwelling.  
  10. Address. The primary dwelling and the accessory dwelling must share the same address number. Addresses must be visible from the public or private street.
  11. Interior Access. Interior access between the main living area and an interior or attached ADU must be maintained unless sufficient means of egress have been determined during an inspection by the fire department.
  12. Not for Short-Term Rental. The accessory dwelling unit shall be rented for 30 consecutive days or longer by the same occupant.
  13. Application for ADU Permit. An ADU permit is required for all interior, attached, or detached ADUs and shall receive a building permit prior to construction and/or occupancy. 
  14. Mobile homes, Recreational Vehicles and shipping containers shall not be considered as an ADU.
  15. Owner-Occupied
  16. Property owners as shown on Davis County Recorder’s Office shall occupy either the primary dwelling or the accessory dwelling unit as their primary residence. In no case, shall a property owner rent out both the primary dwelling and the accessory dwelling. A letter of agreement shall be signed by the property owner(s) stating that the property will be used as their primary residence. The letter shall be recorded at the Davis County Recorder’s Office by the Community & Economic Development Department.
  17. Owner-occupancy may be temporarily waived when:
  18. the owner is absent due to a bona fide temporary absence of three years or less for a job assignment, sabbatical, or voluntary service; or
  19. the dwelling was the owner’s primary residence immediately before leaving for the temporary job assignment, sabbatical, or voluntary service; and
  20. the owner intends to make either the primary or accessory dwelling their primary residence upon returning from the temporary job assignment, sabbatical, or voluntary service.
  21. Dwelling Unit Occupancy
  22. The occupants of an accessory dwelling unit shall fall into one of the following categories:
  23. three individuals non-related; or
  24. an individual or single family related by blood, marriage, legal guardianship, fostership, or adoption; and
  25. for reference, the term “related” refers to a spouse, parent, child, stepchild, grandparents, grandchildren, brothers, sisters, uncles, aunts, nephews, nieces, first cousins, great-grandparents, and great-grandchildren. The term "related" does not include other, more distant relationships. 
  26. Appearance

All accessory dwelling units (internal, attached, or detached) must be designed consistent with the design of the primary single-family dwelling.

  1.  Setbacks, Height Limits, Outdoor Living Space, and Size Limitations
  2. Internal and Attached ADUs. Internal and attached ADUs are considered part of the primary dwelling and shall meet the primary dwelling's minimum setback and height limits. Attached ADUs cannot exceed 50% of the primary dwelling unit's livable space, up to a maximum of 1,200 square feet. Livable space excludes garages and non-habitable storage areas.
  3. DADUs. Detached ADUs shall meet the requirements outlined in Table 6-4.


Table 6-4

DADUs

Location

Side Yard

Rear Yard

Requirements

Single–Story

Two–Story

Single–Story

Two–Story

Maximum Height Limit1

16' to Roof Peak

25' to Roof Peak

16' to Roof Peak

25' to Roof Peak

Minimum Side Setbacks2

Same as Primary Dwelling

10'

5'

10'

Minimum Rear Setbacks

Same as Primary Dwelling

Same as Primary Dwelling

10'

20'

Outdoor Living Space Setback3

No Restriction

No Restriction

10'

10'

Size Limit4

50% up to 1,200 sf

50% up to 1,200 sf

50% up to 1,200 sf

50% up to 1,200 sf

1. In no case shall a detached ADU exceed the height of the primary dwelling measured at the peak of the roof.

2. Landings in side yards shall be setback 10' from side property lines for detached ADUs.

3. Outdoor living space shall not be allowed within 10' of a side or rear property line. Balconies, decks or similar built 4' above finished grade shall be setback 15' from the rear property line. Setbacks for balconies, decks or similar shall be measured from the fascia.

4. 50% of primary dwelling unit’s livable space is counted (parking and non-habitable storage areas shall not be counted for ADUs and primary dwellings).


  1. Converting Existing Accessory Structure

An existing accessory structure may be converted into a detached accessory dwelling unit (DADU) provided the structure meets all the following requirements:

  1. Legal Construction. The structure was legally built with a valid building permit at the time of original construction.
  2. Setbacks. The structure complies with current DADU setback requirements for its location on the property (rear or side yard).
  3. Height. The structure meets current DADU height limitations.
  4. Safety Codes. The structure complies with all currently applicable building, health, and fire codes.
  5. Parking Regulations
  6. Parking required for an ADU is in addition to the primary dwelling’s required parking (reference Table 12-1). 
  7. Parking spaces for an ADU cannot be located within the primary dwelling’s front or side yard setbacks adjacent to a street unless on an approved driveway. 
  8. Building Code
  9. All construction must comply with building codes and ordinances required at the time of construction or remodeling, following Utah state code related to changes to dwellings. This includes obtaining required building and other permits.
  10. Changes to dwellings
  11. Layton City may require physical changes to a legal non-conforming rental dwelling for:
  12. the reasonable installation of a smoke detector, a ground fault circuit interrupter protected outlet, street addressing, hand or guard rails;
  13. an egress bedroom window if the existing bedroom window is smaller than required by current state construction code.


Ord. No. 21-23, Adopted 9/16/2021