(1) Location of structures accessory to agriculture. No hay, barn, silo, equipment shed, storage building, and similar accessory building to the agricultural use of land may be located closer than ten feet (10') to any side or rear boundary line and one hundred feet (100') to any public street or to any dwelling on adjacent properties.
(2) Minimum height of dwellings. In those zoning districts allowing dwellings, no dwelling shall be erected where more than ten percent (10%) of its main floor area is, or will be, below the finished surface grade. No basement houses shall be permitted.
(3) Maximum building heights for accessory structures. Accessory structures shall have a maximum height of eighteen feet (18') to the mid-point between the peak of the roof and the eave when they are located within three feet (3') of the nearest property line and at least six feet (6') behind the main structure. Structures over eighteen feet (18') in height shall have an additional three foot (3') setback from all property lines and the rear of the main structure for every additional one foot (1') in height. In no case shall an accessory structure exceed the maximum height of twenty-three feet (23') when measured to the mid-point between the peak of the roof and the eave. For structures that are located in the side yard of the main structure the minimum side setbacks for the underlying zoning district shall apply and for every one foot (1') increase in height structures shall be setback an additional three feet (3') from the property line and shall have a maximum height of twenty-three feet (23') to the mid-point between the peak of the roof and the eave.
(4) Setbacks and lot area requirements for accessory residential dwelling units. Detached accessory residential dwelling units or structures shall be located in the rear yard and shall have a minimum of a twenty-foot (20') rear yard setback and the side yard setbacks shall be the same as that of the main structure for the zoning district in which it is located. In no case shall a detached accessory residential dwelling unit be more than forty percent (40%) of the living area of the principle dwelling, nor more than one thousand (1,000) square feet, nor have more than two (2) bedrooms. Detached accessory residential dwelling units shall adhere to the same design guidelines as single-family homes as outlined in Section 19.13.050 of this Title.
(5) Accessory structures and dwelling units; permit required. Accessory structures that are not designed for human occupancy shall be reviewed as a permitted use in the applicable zoning districts. Accessory residential dwelling units shall require a conditional use permit issued by the Planning Commission. The applicant/owner shall be required to sign a letter of agreement with the conditional use permit and building permit that states that the accessory residential dwelling unit is approved for individuals that are related by blood and the owner of the property must reside in either the primary or accessory dwelling.
(6) Exceptions to building height limitations. Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, radio, microwave and television towers or antennae, theater lofts, silos, solar collectors, solar louvers and reflectors, or similar structures may be erected above the height limits herein prescribed, but no space above the height limits shall be allowed for purposes of providing additional floor space, nor shall it provide for human occupancy.
(7) Property access requirements. No building permit shall be issued for a building that is to be constructed on a lot or parcel that does not either abut a dedicated public street or highway, or a private roadway open to the public. However, if an unobstructed, recorded easement of right-of-way of ingress and egress exists across property or properties providing the necessary access, the aforementioned proscription may be waived. This right-of-way shall comply with pertinent Code provisions and shall not be obstructed in any manner without the mutual agreement of the property owner(s) over which said right-of-way is located, the beneficiary of said right-of-way, and the City.
This Section shall be retroactive for the purpose of maintaining unobstructed access. It shall be applicable to include any residential property, for which a building permit has been issued or the dwelling has been legally constructed.
(8) Minimum size of dwellings. No single family dwelling shall be erected which contains less than nine hundred (900) square feet of gross main floor area.
(9) Projections into required yards. Every part of a required yard shall be open to the sky; unobstructed except for accessory structures in a rear yard. Certain architectural features may project into required yards or courts as follows:
(a) Ordinary projections of belt courses, chimneys, cornices, flues, lintels, solar appurtenances, and sills may project up to two feet (2') into required front, rear, and side yard spaces. Eaves, gutters, and roof overhangs may project up to four feet (4') into required front, rear, and side yard spaces. Cantilever arch features shall not exceed twenty percent (20%) of any wall length and shall not project into any required yard space more than two feet (2'). Said yard areas are to be measured from the fascia.
(b) Roofed and un-walled decks, balconies, porches, or other similar architectural features may project into required front yards up to four feet (4'), side yards up to four feet (4'), and rear yards up to ten feet (10'). Said projections into required yard areas shall be measured from the fascia.
(c) Unless otherwise prohibited, fences, signs, and yard lights are permitted in front, rear, and side yards as provided in Chapters 19.16 and 19.20.
(d) Building accessories designed and intended to control light entering a building (e.g., aluminum or canvas awnings) and being either a permanent or temporary part of such building may project five feet (5') into any front or rear yard space and three feet (3') into any side yard space, provided that they are attached only to the wall of the main building.
(e) Covered or uncovered walk-out basement features may project up to ten feet (10') into required rear yard spaces and four feet (4') into required front and side yard spaces. Said projections into required yard areas shall be measured from the foundation line for uncovered walk-outs and the fascia for covered walk-outs.
(10) Limitation on front setback requirements. No dwelling shall be set back more than one hundred feet (100') from a front lot line unless approved by the construction staff. (See Title 18, Land Use Development.)
(11) On any residential dwelling structure, a permanent roof or canopy may be added to the main building at any time. Such canopy may extend into the required rear yard a maximum of ten feet (10'), but may not extend into any required front or side yard. Canopies shall not have walls other than the attachment to the main building.
(12) Substandard lots. The requirements of this Title as to minimum lot area or lot width shall not be construed to prevent the use for a single-unit dwelling on any lot or parcel of land in the event that such lot has been held in separate ownership since adoption of these regulations, being May 5, 1983, and complied with zoning regulations in effect prior to that date.
(13) Front setback transition - Increase, reduction.
(a) The front setback required for a building on an inside lot may be reduced where a main building with a nonconforming front set back exists on any lot adjacent thereto, within the same block frontage, to the extent that the average of the front setback of the existing building and the required front setback is maintained. Where one main building exists on each lot adjacent thereto, the front setback for a proposed building on the inside lot may be the average of the setbacks of existing buildings.
(b) Building lots adjacent to arterial roadways, and on which residential dwelling structures were constructed at the time when the required setback from the arterial roadway was thirty feet (30'), will retain the thirty foot (30') setback as the development requirement for said lot.
(c) Where, within the same block frontage, property is zoned partly for residential and partly for commercial or industrial use, or where any part of the block is so zoned as to require a front setback, the front setback required for the most restricted portion of the block shall be required for the entire frontage of the block on that street.
(14) Side setback reduction.
(a) On any lot shown as a separate and distinct lot on a subdivision plat of record in the office of the Davis County Recorder or on any lot held under separate ownership from adjacent property and of record on the effective date of these regulations, which is May 5, 1983, and such lot having a smaller width than required in the zoning district in which it is located, each side setback and the total side setback requirements shall be not less than the same percentage of the width of the lot as the required setback would be of the required width of the lot, provided that on corner lots, no side setback shall be permitted which is less than four feet (4'), and on inside lots the side setback shall be not less than four feet (4') on one side and ten feet (10') on the other. All fractions of a foot resulting from the calculation required shall be resolved to the closest one-half foot (½'). The side yard on a street shall not be reduced to less than twenty feet (20').
(b) The side setback of a proposed addition to a building, which is nonconforming with respect to side setback, may be the same as the existing side setback of the original building at the adjoining walls, provided that such setback shall be not less than four feet (4'), and further provided that such addition shall not extend the depth of the building, existing on the effective date of the regulations codified herein which is May 5, 1983, more than fifty percent (50%). Any enlargement made in excess of the above shall maintain the side setback required for new buildings in the zone in which it is located.
(c) Side yard limitations. Access to the rear yard must be preserved through at least one (1) side yard.
(15) Lot, inside gore-shaped: Where such lot is a gore-shaped lot, and the side lot lines thereof converge either to a point or to a rear boundary which is less than one-half (½) of the minimum required lot width, the rear lot line shall be construed to be an imaginary straight line crossing the centerline of the lot, at right angles, which is one-half (½) of the required lot width in length. (See Diagram A-3.)
(a) Lot, corner classified as gore: For the purpose of locating a dwelling thereon, an owner of a corner lot may have the option of classifying such lot as a gore-shaped inside lot in which case the interior lines of same shall be designated as side lot lines and the rear lot line shall be determined the same as required for any inside lot. (See Diagram A-3.)
(16) Averaging of lot sizes in the "R-S" zoning district.
The minimum required size of lots and widths of frontages in residential subdivisions located in the "R-S" zoning district may be reduced subject to the following conditions:
(a) A parcel must be at least 3.0 acres in size to qualify as a lot averaged subdivision;
(b) Subdivision shall be subject to the normal subdivision review and approval process;
(c) The density of the lot averaged subdivision in the "R-S" zoning district shall not exceed 2.20 units per acre;
(d) In no case shall any lot contain less than ten thousand (10,000) square feet of land area;
(e) The average lot width shall be no less than ninety feet (90');
(f) The minimum lot width shall not be less than eighty feet (80');
(g) The average lot frontage shall not be less than seventy feet (70');
(h) The minimum lot frontage shall not be less than sixty feet (60');
(i) Lots reserved for institutional uses shall be excluded from the calculation to figure units per acre, average lot size, width, and frontage;
(j) The side yard setback on a corner lot may be reduced to twenty-five feet (25'); and
(k) Lots twenty thousand (20,000) square feet in size or larger in a lot averaged subdivision should be clustered together for the purpose of keeping farm animals. Lots twenty thousand (20,000) square feet or larger may be integrated into a lot averaged subdivision subject to a development agreement preventing the keeping of farm animals.
(17) Averaging of lot sizes in the "R-S" zoning district adjacent to arterial streets.
(a) Where a lot-averaged subdivision is developed in the "R-S" zoning district adjacent to an arterial street (as identified on the Layton City Master Street Plan Map), the density of the area within three hundred feet (300') of the arterial street may be increased to a maximum of three (3) dwelling units per acre. The remainder of the lot-averaged subdivision shall be developed at a maximum density of 2.2 units per acre.
(b) Lot area, setbacks, and frontage requirements in this area are the same as outlined in Subsection 19.05.030(16) except that the front yard setback may be reduced to twenty-five feet (25') for lots where any portion of the lot is within three hundred feet (300') of the arterial street.
(18) Setbacks for institutional uses in residential and agricultural zoning districts.
(a) Institutional uses in residential and agricultural zoning districts shall have a minimum front yard setback of forty feet (40'), a minimum side yard setback of twenty feet (20'), and a minimum rear yard setback of forty feet (40').
To view Zoning Table 5-1 and 5-2 click on the link below:
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 04-27, Amended, 3/18/2004
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 00-34, Amended, 8/17/2000
Ord. No. 01-34, Amended, 7/5/2001
Ord. No. 02-41, Amended, 6/6/2002
Ord. No. 03-07, Amended, 4/3/2003
Ord. No. 03-25, Amended, 6/5/2003
Ord. No. 03-41, Amended, 10/2/2003
Ord. No. 04-69, Recodified, 12/16/2004
Ord. No. 05-15, Amended, 4/21/2005
Ord. No. 06-47, Amended, 10/5/2006
Ord. No. 07-04, Amended, 1/18/2007