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19.14.100. Conditions relating to specific types of uses

            (1)        Mobile Home Parks and Travel Vehicle Parks - See Chapter 19.11 of the Layton Municipal Code.

            (2)        Wireless Telecommunication equipment.  Wireless Telecommunication equipment may be allowed with the following requirements:

                        (a)        Wall mounted antennas.  Wall mounted antennas are conditional in residential zoning districts at institutional uses.  Wall mounted antennas must comply with the following criteria:

                                    (i)         Wall mounted antennas shall not extend above the roof line of the building more than four feet (4').

                                    (ii)        Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.

                                    (iii)       Wall mounted antennas may have a maximum area of forty (40) square feet per each side of the building.  The area is determined by drawing straight lines around the outermost portions of the antennas until enclosed.

                                    (iv)       All equipment associated with the use (excluding the antenna) must be screened by a view obstructing structure.

                                    (v)        If the associated equipment is located on the ground it must be appropriately landscaped.

                                    (vi)       Any appeals from a decision by the Zoning Administrator shall be to the Planning Commission and must be in writing, filed within ten (10) days of the Zoning Administrator's decision.

                        (b)        Roof mounted antennas.  Roof mounted antennas are conditional in residential zoning districts at institutional uses.  The following provisions and any applicable provisions in Subsection (a) above shall apply to roof mounted antennas:

                                    (i)         Roof mounted antennas can only be mounted on structures with flat roofs.  Exceptions may be granted by staff with the following stipulations:

                                                (A)       The tower will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building.

                                                (B)       The antenna will be less visible from ground level than the typical antenna mounted on a flat roof.

                                                (C)       Staff decisions may be appealed to the Planning Commission.

                                    (ii)        Roof mounted antennas must be setback from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15').

                        (c)        Mono-pole structures.  Mono-pole towers may be allowed as conditional uses in residential zoning districts at community uses.  Any applicable criteria in Subsections (a) and (b) as well as the following criteria shall apply to mono-pole structures:

                                    (i)         All towers must be of a mono-pole construction.  No lattice constructed towers of any kind shall be allowed.

                                    (ii)        All towers must allow for co-location and supply engineering calculations by a state certified engineer that will allow for as many as three (3) separate users on a single pole.  A letter must also be supplied stating that the owners of the tower will allow for co-location and that the structure has been constructed to allow for this.

                                    (iii)       No tower may be located within a one (1) mile radius to another tower unless grid documentation is supplied by an independent consultant stating that co-location will create an unreasonable hardship.  Evidence of an unreasonable hardship shall be provided by an independent engineering study provided to the City at cost to the applicant.

                                    (iv)       Co-location on an existing mono-pole structure is a permitted use and is handled administratively.

                                    (v)        The agent must supply the City with a letter stating that if technology renders the tower obsolete and the tower is vacated, that the agent will remove the tower, all apparatus associated with it, the top three feet (3') of the footing, and restore the site to its original condition within ninety (90) days of the vacation of the tower.

                        (d)        The additional following criteria may be addressed for approval of electronic communication equipment in residential zoning districts at community uses:

                                    (i)         Whether co-location of the antenna on existing structures in the same vicinity such as:  towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is feasible without impacting neighboring uses.

                                    (ii)        The location of the antenna in relation to existing vegetation, topography, buildings, residential uses, and zoning districts.

                                    (iii)       Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or specifying construction materials and colors, etc.

            (3)        Bus shelters.  Bus shelters located in the public right-of-way shall comply with all requirements listed in Section 19.05.070 (if applicable) as well as the following:

                        (a)        Are a conditional use, requiring approval by the Planning Commission.

                        (b)        The applicant shall notify the abutting property owner by certified letter of the proposed shelter location, advertising, and provide an opportunity for comment.  A copy of the certified letter shall be provided to the City by the applicant.

                        (c)        If the bus shelter is located in a state or county right-of-way the applicant must also receive a permit from the State or county for the erection of the bus shelter.

                        (d)        If sidewalk is removed in order to locate the bus shelter, the sidewalk shall be replaced by the applicant and meandered around the shelter so that there is a minimum of three feet (3') from the closest portion of the walk to the closest portion of the shelter.  The meander shall start a minimum of ten feet (10') on either side of the shelter.  Proposed sidewalk alignment shall be submitted with the application.

                        (e)        The applicant shall acquire from the adjacent property owner an access easement in situations where the public sidewalk enters onto private property.

                        (f)        There shall be a minimum setback of four feet (4') from the face of the curb to the nearest portion of the shelter.

            (4)        Elderly apartment.  Each elderly apartment shall meet all state and federal codes and have the following minimum requirements:

                        (a)        Non-skid bathtubs.

                        (b)        Handicap accessible doorways.

                        (c)        Bath facilities designed to accommodate wheelchairs.

                        (d)        Grab bars in showers, tubs, and near toilets.

                        (e)        Central heating and cooling.

                        (f)        Lever type door handles and water faucets.

                        (g)        Electrical receptacles to be at least twenty-four inches (24") above floor level.

                        (h)        No stairs within apartments, and elevator access for more than one-story dwelling buildings.

                        (i)         Emergency signals in each apartment to a twenty-four (24) hour manned facility.

                        (j)         Elderly households shall be limited to three (3) persons per dwelling unit.

            (5)        Kennels.

                        (a)        Kennels, private.

                                    (i)         Minimum lot size of one (1) acre required.

                                    (ii)        The animals must be owned by the property owner or occupants, except at times of breeding.

                                    (iii)       Outdoor pens shall be located in the rear yard and shall not be closer than one hundred feet (100') to any neighbors dwelling and ten feet (10') from any side or rear property line.

                                    (iv)       In addition to other conditions imposed to mitigate the impact of this use, the Planning Commission may restrict the location of any pens and the number of dogs and/or cats allowed on the site.

                                    (v)        All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.

                        (b)        Daily Boarding Kennels.

                                    (i)         In a residential zoning district daily boarding kennels will be a conditional use and are only permitted as a home occupation.  The boarding operation shall comply with the following regulations and all provisions of the home occupation regulations, except that a boarding kennel shall be exempt from the limitation on the use of space in and outside the home.

                                    (ii)        Must be located in the A (agriculture) zoning district.

                                    (iii)       Outdoor pens shall be located in the rear yard and shall not be closer than one hundred feet (100') to any neighbors dwelling and ten feet (10') from any side or rear property line.

                                    (iv)       There shall be a minimum of one hundred (100) square feet of yard space provided for each animal kept within the day care.  Said space shall be secured by six foot (6') fencing, which is adequately secured at the bottom to prevent animals from exiting under it.  Any area or use within the yard area determined to be a hazard to animals shall be secured from access and shall not be counted in the required yard space.  A site plan of the yard space being used shall be reviewed and approved by the City staff.

                                    (v)        The number of dogs and/or cats will be limited to eight (8) including the owner's own dogs and/or cats.

                                    (vi)       Hours of operation will be limited to 7:00 a.m. to 7:00 p.m.

                                    (vii)      All kennels will comply with the Davis County Health Department's regulations and Davis County Animal Control's regulations.

                        (c)        Extended Care Kennels.  In the A (agricultural) zoning district, an extended care kennel will be a conditional use and only permitted as a home occupation.  The home occupation does not allow employees, and the operation shall comply with the following regulations.

                                    (i)         Must be located in the A (agricultural) zoning district with a minimum of one (1) acre of property.

                                    (ii)        Must be located in the Accident Potential Zone (APZ) easement overlay area as described, defined, and regulated in this Code and in Utah Code Sections 63M-6-201, et. seq. also known as the Utah Military Base Easements Act.

                                    (iii)       The number of dogs and/or cats, at any one time, for day care or boarding, shall be limited to twenty (20), including the owner's dogs and/or cats.  The number of dogs and/or cats, at any one time, for grooming, shall be limited to three (3).  This use shall allow for day care, grooming, and boarding services only.  Obedience, or other similar classes, and the selling of pets are not allowed under these provisions.

                                    (iv)       An extended care kennel will comply with the Davis County Health Department regulations and Davis County Animal Control regulations.

                                    (v)        Outdoor pens shall be located in the rear yard area and shall not be closer than one hundred feet (100') to any neighbors dwelling and ten feet (10') from any side or rear property line.

                                    (vi)       There shall be a minimum of one hundred (100) square feet of yard space provided for each animal kept within the extended care kennel.  Said space shall be secured by a six foot (6') solid vinyl fence or chain link fence with vinyl slats, which is adequately secured at the bottom with a concrete mow strip to prevent animals from exiting under it.  Any area or use within the yard area determined to be a hazard to animals shall be secured from access and shall not be counted in the required yard space.  A site plan of the parcel being used and the neighboring properties, including dwellings, shall be reviewed and approved by the City staff.

                                    (vii)      Must be located along an arterial street as defined in the Layton City Master Street Plan.

                                    (viii)     The dogs and/or cats shall be boarded indoors between the hours of 9:00 p.m. and 7:00 a.m. to avoid noise disturbances during the quiet ambient noise times.  The enclosures shall have electricity and a heating source.

                                    (ix)       All dogs or cats kept or groomed at the extended care kennel shall have a current rabies vaccination.

            (6)        Commercial uses in manufacturing zoning districts.  Retail sales shall be allowed in the M-2 zoning district as a conditional use, but shall be limited to the retail sale of goods manufactured and/or distributed by the same business, as long as:

                        (a)        The retail sale is confined to a floor area within the tenant space not exceeding forty percent (40%) of the total floor area used by the business; and

                        (b)        The remaining floor area is not open to the public and is not used for commercial uses; and

                        (c)        The subject parcel has frontage on an arterial street with the main entrance to the business facing the arterial street.

            (7)        Cemetery/Mortuary/Funeral Home.  The provision of mortuary/funeral home services in appropriate locations is an important land use objective of the City.  The purpose of this Section is to ensure appropriate locations for these type of facilities and preserve the character of surrounding neighborhoods.

            A mortuary/funeral home on a cemetery site in the A (agriculture) zoning district may be allowed if granted a conditional use permit by the Planning Commission and if the following conditions have been met:

                        (a)        Height, setback, and lot requirements.  A mortuary/funeral home shall comply; with the height, setback, and lot requirements of the zoning district in which it is located.  A mortuary/funeral home on a cemetery site in the A (agriculture) zoning district shall have a minimum of a one hundred foot (100') front yard setback to insure that the building is integrated into the cemetery site.

                        (b)        Lighting.  Lighting shall comply with Section 19.06.050 of this Title.

                        (c)        Parking.  A minimum of one (1) space for each forty (40) square feet of floor area in assembly rooms.

                        (d)        Landscaping and Fencing.  Transitional landscaping and fencing shall be provided in accordance with Section 19.16.040 of this Title and Table 16-1 entitled "Landscaping/Fencing Matrix."

            (8)        Recyclable/Salvage Yards.  No land or building devoted to these types of uses shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, glare, electrical, or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element, in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises.

            State agency notification.  The Community and Economic Development Director shall confirm that the Environmental Health Services Section of the State Health Division is informed of applications where a recyclable/salvage yard may pose a potential risk.

            As part of a performance standards review the use shall include in the application a description of the proposed machinery, products, and processes to be located at the site.

            Layton City, and other governmental agencies, are authorized to monitor the use as needed, and conduct investigations of any purported violation of environmental, criminal, or performance laws or standards.  Monitoring of the use would include problems with crime, noise, odors, vibration, or glare.  For purposes of determining the existence of a nuisance, the measurement of noise, odors, contamination, vibration, or glare shall be taken at the property line.

            Recyclable/Salvage yards shall be subjected to the following restrictions.

                        (a)        No recyclable/salvage yard shall be located within one thousand feet (1000') feet of:

                                    (i)         A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;

                                    (ii)        A public or private educational facility including, but not limited to, child day-care facilities, nursery schools, pre-schools, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities.  Schools include the school grounds.

                                    (iii)       A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities.

                        (b)        No recyclable/salvage yards shall be located within six hundred feet (600') of:

                                    (i)         A boundary of a residential district as defined in the Layton City zoning code; or;

                                    (ii)        The property line of a lot devoted to a residential use as defined in the Layton City zoning code.

            The following conditions shall apply to recyclable/salvage yards.

                        (a)        In the heavy manufacturing zone a recyclable/salvage yard shall be a conditional use and are not permitted in any other type of zoning district.

                        (b)        Persons who utilize the recyclable/salvage yard shall provide photo identification to the owners of the establishment who will make a copy of the identification and keep on file with the business.

                        (c)        Said use shall not be located in water protection zone areas as defined by Table 20-1 in Chapter 19.20 of this Title and entitled "Drinking Water Source Protection Zones."

                        (d)        The material to be collected shall be screened from public view.  A minimum eight foot (8') high fence is required around the storage area and includes having a canopy over stacked material.  The material cannot be stacked higher than the eight foot (8') fence.

                        (e)        The material being stored is screened to prevent a view of the material from a commuter rail train as per Section 19.06.110(5).  Other screening devises will be required through landscaping.

                        (f)        The material may be required to be stored in an enclosed building if other screening devices are not workable.

                        (g)        The deposit or storage of toxic chemicals, radioactive materials, or metals such as freon and mercury shall be prohibited.

                        (h)        A background check for current and proposed employees is required as noted in Section 5.04.040.

            (9)        Title loan, payday loan, deferred deposit lending, and similar businesses.  Title loan, payday loan, deferred deposit lending, and similar businesses shall be located and maintained in accordance with the following standards and conditions:

                        (a)        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).

                        (b)        Title loan, payday loan, deferred deposit lending, and similar businesses shall not be located within one thousand five hundred feet (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.

                        (c)        Title loan, payday loan, deferred deposit lending, and similar businesses shall be limited to one (1) title loan, payday loan, deferred deposit lending, and similar business per ten thousand (10,000) in Layton City population.  The total population figures shall be based on the U.S. Census Bureau's report for Layton City.

                        (d)        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.

                                    (i)         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.

                                    (ii)        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.

            (10)      Retail tobacco specialty businesses.  Retail tobacco specialty businesses shall be located and maintained in accordance with the following standards and conditions:

                        (a)        Retail tobacco specialty businesses shall only be allowed as a conditional use in areas zoned C-H (planned highway commercial).

                        (b)        Retail tobacco specialty businesses shall not be located within six hundred feet (600') of another retail tobacco specialty business within or outside of Layton City boundaries.  The distance shall be measured in a straight line from the main entrance of the establishments.

                        (c)        Retail tobacco specialty businesses shall not be located within one thousand feet (1,000') of a community location.

                        (d)        Retail tobacco specialty businesses shall not be located within six hundred feet (600') of property used or zoned for agricultural use, or residential use.

                        (e)        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 the community location, or agricultural or residential use, without regard to intervening structures or zoning districts.

                        (f)        Any retail tobacco specialty business that had an active business license before November 17, 2011, in Layton City maintains the right to operate as a nonconforming use.

                        (g)        Termination of business.  If any retail tobacco specialty business fails to renew its Layton City Business License, vacates the premises, or suspends the sale of tobacco products for more than sixty (60) consecutive days, 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 nonconforming and will be subject to the provisions of Section 19.15.030 of Layton Municipal Code.

                        (h)        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.

            (11)      Animal clinic or pet hospital.  Animal clinic or pet hospital in a CP-1 zone shall be subject to the following conditions:

                        (a)        There shall be no outdoor boarding of any type of animal for overnight or temporary stay.  Animals shall be kept indoors at all times except when on a leash for exercise and relief.  Only one (1) animal, per accompanied employee, may be outside at a time.  Indoor boarding shall be limited to animals receiving treatment on the premises.

                        (b)        Rooms used for temporary or overnight boarding shall be enhanced with building materials, including extra insulation, that dampen or eliminate noises associated with the animals being boarded there.  The sound attenuation of these rooms shall be sufficient to eliminate noises associated with boarded animals from inside any occupied residential dwelling.

                        (c)        Any animal product or refuse with a detectable odor shall be double-bagged before being placed in an outside dumpster.

                        (d)        There shall be no on-site disposal (cremation or otherwise) of dead animals.  Euthanized or otherwise dead animals shall be stored in freezers until removed from the site.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 03-49, Amended, 11/6/2003
Ord. No. 03-49, Amended, 11/20/2003
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 98-80, Amended, 12/17/1998
Ord. No. 99-12, Amended, 3/18/1999
Ord. No. 01-18, Amended, 4/19/2001
Ord. No. 01-41, Amended, 10/4/2001
Ord. No. 02-18, Amended, 3/21/20Ord. No. 12-16, Amended, 5/17/2012
Ord. No. 06-56, Amended, 12/7/2006
Ord. No. 09-20, Amended, 11/5/2009
Ord. No. 11-03, Amended, 3/17/2011
Ord. No. 97-29, Amended, 5/15/1997
Ord. No. 04-69, Recodified, 12/16/2004
Ord. No. 13-08, Amended, 4/18/2013

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