The ordinance contained in this Chapter shall be known as the "Zoning Ordinance of the City of Orem, Utah."

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

The purposes of the Zoning Ordinance of the City of Orem, Utah, are to promote the health, safety, morals and general welfare of the community, and to implement the adopted master plan for the orderly and controlled growth of the City. To accomplish these purposes the zoning ordinance is designed:

1. To regulate and restrict the height, number of stories and size of buildings and other structures;

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

2. To regulate the height and location of trees and other vegetation;

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

3. To regulate lot sizes and the percentage of the lot that may be occupied;

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

4. To regulate the size of yards, courts and other open spaces;

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

5. To regulate the density of population;

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

6. To regulate the location and use of buildings, structures and land for trade, industry, residence or other purposes;

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

7. To include other regulations designed to promote the health, safety, morals and general welfare of the public that are not contrary to law.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

1. The City Manager is charged with the administration and enforcement of this Chapter. Failure to enforce shall not, however, legalize any violation of the provisions herein.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

2. In addition to the criminal sanctions imposed in Section 22-1-6 below, in any case where any building or structure is erected, reconstructed, altered, repaired, or maintained or where any building, structure or land is used in violation of this Chapter, the City or any owner of real estate within the City may institute an action for mandamus, abatement, an injunction, or any other appropriate action or proceedings to prevent, enjoin, abate or remove the unlawful building, use or act.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

3. Code enforcement personnel working under the direction of the Development Services Director are hereby declared to be Public Officials within the meaning of Section 77-7-18 Utah Code Annotated 1953 as amended, and these Public Officials are hereby authorized to issue non-criminal citations for violations of this Chapter.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001; Ord No. O-2021-0030, Amended 11.23.2021)

Effective on: 11/23/2021

1. It shall be unlawful to erect, construct, reconstruct, or alter any building, structure, fence or any part thereof, without first obtaining a written permit therefore from the City.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

2. An application for a building permit shall be accompanied by a plat drawn to scale showing the location of the lot with respect to land survey monuments, the size of the lot, and the size and locations of the existing and proposed structures.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

3. No permit shall be granted for the erection or alteration of any building or structure if such erection or alteration would be in violation of the provisions of this Chapter. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

4. No building permit shall be issued for a remodel or addition to any structure if it can be shown that previous construction has taken place on the parcel or lot without the issuance of a building permit from the City in violation of City ordinances and the violation has not been brought into compliance.

(Ord. No. O-2013-0011, Enacted 05/28/2013)

Effective on: 1/1/1901

1. This Chapter, including the zone map, may be amended by first submitting any proposed amendment to the Planning Commission for its recommendation, which recommendation shall be forwarded to the City Council to determine whether or not a public hearing should be set.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001)

2. Any person seeking to amend this Chapter or the zoning map shall submit a written petition to the Planning Commission designating the amendment desired and the reasons for the amendment. The petitioner shall also pay a fee established by resolution of the City Council. Upon the receipt of the petition and the appropriate fee, the Planning Commission shall consider the request. An application to amend this Chapter or the zoning map shall expire if the application has not been approved or scheduled for review and approval by the approving authority within twelve months after the date it was submitted. An application to amend this Chapter or the zoning map shall also expire immediately following the passage of six months of no activity with respect to the application. The City shall provide written notice of a pending expiration to the applicant at least (30) days prior to the date that the application is deemed to have expired. Upon expiration, an application for an amendment to this chapter including a zone map shall be considered null and void and a new application must be submitted and fees paid.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-2019-0027, Amended 8/27/2019)

3. An amendment to this Chapter shall be adopted only after a public hearing in relation thereto before the City Council, in which parties in interest and citizens shall have an opportunity to be heard.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0048, Amended, 11/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)

4. A request to change the zoning designation of property must be made by the City, the owner(s) of the property or the owner’s authorized representative. However, the City may consider a request to change the zoning designation of property that is not made by the City, the owner(s) of the property or the owner’s authorized representative under the following conditions:
   1. The request is made in conjunction with a request to change the zoning designation of adjacent property and is necessary to avoid the creation of an island or peninsula; or
   2. The applicant provides proof that the owner has consented to the application to change the zoning designation of the property; or

(Ord. No. O-99-0043, Enacted, 10/12/1999; Ord. No. O-01-0021, Amended 06/12/2001)

5. All proposed amendments to this Chapter shall be reviewed by the Planning Commission for its consideration and recommendations. Upon receiving the recommendation of the Planning Commission, or upon the Planning Commission’s failure to act within thirty (30) days of receiving a request from the City Council to consider a proposed amendment to this Chapter, the City Council shall hold a public hearing on the proposed amendments. After closing the public hearing, the City Council may vote to approve, modify, or disapprove the proposed amendments, or may take any other action allowed by applicable laws. Proceedings to amend any provision of CHAPTER 22 shall be deemed to have been formally initiated by the City for purposes of Utah Code Section 10-9a-509(1)(a)(ii) upon the consideration of such proposal by the Planning Commission at a regularly scheduled meeting. The Planning Commission shall not be required to take any definitive action with respect to the proposal or to spend any given amount of time on the application in order for the proposed amendment to be deemed formally initiated. Any subsequent modification of the proposed ordinance amendment by City staff, the Planning Commission, or the City Council shall not alter the status of the application as having been formally initiated.

(Ord. No. O-07-0039, Enacted, 08/14/2007)

6. An application by a party other than the City to amend the zoning designation of property which has been denied by the City Council may not be resubmitted for a period of 12 months from the date of denial unless:
   1. The application requests a zoning classification different from the previous request; or
   2. The applicant demonstrates that there has been a substantial change in circumstances pertaining to the property, the project, or the surrounding area which materially supports the application for a change to the zoning designation of the property; or
   3. Less than four (4) members of the City Council voted to deny the application; or
   4. Four (4) or more members of the City Council voted to deny the application but at least three (3) of the City Council members who voted to deny the application request that the application be reconsidered. The request for reconsideration shall be made within fifteen (15) working days of the date of denial. The reconsideration shall then be handled according to the procedure outlined in the City Council Procedure Policies.

   The Planning Commission shall be the final approving authority to determine whether one of the four exceptions enumerated above has been met. The decision of the Planning Commission may be appealed to the Board of Adjustment by filing a written appeal with the Department of Development Services within 30 days of the decision of the Planning Commission.

(Ord. No. O-99-0043, Enacted, 10/12/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-07-0039, Renumbered 08/14/2007)

7. A neighborhood meeting must be held prior to the submission of an application to rezone any property. The applicant shall send a written notice of the neighborhood meeting to the owners of all property, as listed in the records of the Utah County Recorder, located within one thousand feet (1000') of the site if attached residential units will be allowed under the proposed rezone and within five hundred feet (500') if attached residential units will not be allowed under the proposed rezone. The notice shall be written on letterhead which includes the contact information of the applicant, including but not limited to a name, address, phone number, and an e-mail address. The notice must include the place, date and time of the neighborhood meeting, the existing zoning classification of the subject property and the zoning classification that the applicant is requesting for the property. The notice must also include the following language:

   “Pursuant to Orem City Code Section 22-1-5(G), this meeting is being held to discuss the project with you. This is an opportunity for you to review the plans and provide input and recommendations regarding the project. This application has not yet been reviewed by the City and is subject to change during the review process.”

All required notices shall be provided at least one week prior to the date of the meeting. The neighborhood meeting must be conducted at a location within the City boundaries. The neighborhood meeting shall be held on any weeknight after 6:00 p.m. or Saturday after 9:00 a.m. to provide the best opportunity for the neighbors to attend. The meeting shall not be held on a holiday or the day before or after a holiday. Phone calls or informal door-to-door contacts are not considered neighborhood meetings. The applicant shall keep detailed minutes of the content of the neighborhood meeting. The application for rezone shall include a list of all individuals who were notified of the meeting, a roster of attendees at the meeting, and a copy of the minutes from the meeting.

(Ord. No. O-04-0012, Enacted, 02/10/2004; Amended 06/12/2001; Ord. No. O-07-0039, Renumbered 08/14/2007; Ord. No. O-2013-0013, Amended 05/2/2013; O-2020-0008, Amended 5/26/2020)

Effective on: 9/17/2019

It shall be unlawful for any person or entity to violate any of the provisions of this Chapter. Any person, firm or corporation, whether acting as principal, agent, property owner, lessee, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this Chapter shall be guilty of a Class C misdemeanor. Each and every day during which a violation occurs shall constitute a separate offense. Conviction for an offense hereunder shall be punishable by a fine of not more than five hundred dollars ($500.00) in the case of individuals and one thousand dollars ($1000.00) in the case of corporations, associations or partnerships, or by imprisonment for a term not exceeding three (3) months, or by both such fine and imprisonment.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

The provisions of this Chapter shall apply to the building of any structure and the use or development of any land within the City, unless otherwise exempted by State or Federal law.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

1. Any person may appeal a decision applying a land use ordinance as follows:
   1. An interpretation or application of a land use ordinance made by members of City staff may be appealed to the Board of Adjustment. A decision of the Board of Adjustment regarding the interpretation or application of a land use ordinance may be appealed to the City Council. However, an appeal to the City Council shall not be required for an adversely affected party to exhaust the party’s administrative remedies.
   2. A final decision of the Planning Commission may be appealed to the City Council.
   3. A decision of the City Council may only be appealed to the District Court.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0036, Amended 12/12/2006)

2. An application for appeal to the City Council must be filed in the office of Development Services within thirty (30) days after the date of the decision being appealed. Appeals to the Board of Adjustment shall be made pursuant to the procedure outlined in CHAPTER 2 of the City Code. An adversely affected party shall present to the appeal authority every theory of relief that it can raise in District Court.

   (Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0036, Amended 12/12/2006)

3. The owner of private property whose property is subject to a physical taking or exaction by the City as part of a land use application may appeal the City’s decision within 30 days after the decision is made. A decision regarding a proposed taking or exaction shall be deemed final and ripe for appeal when approved by the Development Review Committee (DRC). The Planning Commission shall hear and approve or reject the appeal within 14 days after it is submitted. If the Planning Commission fails to hear and decide the appeal within 14 days, the decision of the DRC is presumed to be approved. A property owner’s failure to appeal the action of the City does not constitute a failure to exhaust available administrative remedies. The Planning Commission shall approve the decision of the DRC if it finds that:
   1. An essential link exists between a legitimate governmental interest and the exaction; and
   2. The exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0036, Amended 12/12/2006)

Effective on: 1/1/1901

1. The Development Review Committee (DRC) for the City of Orem is hereby established.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

2. The DRC shall consist of seven (7) members, two (2) each from the Departments of Development Services, Public Works and Public Safety, and one (1) from Legal Services.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

3. The representatives from each Department shall be recommended by the respective Department Director and approved by the City Manager.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

4. The City Manager shall designate one of the representatives as Chairperson of the DRC.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

5. The purpose of the DRC is to assure that all proposed development within the City complies with the City Master Plan and with current City ordinances and resolutions. No proposed development shall be reviewed by the Planning Commission or the City Council until the DRC has found that the development complies with the Master Plan and all applicable ordinances and resolutions.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

6. The DRC shall act under the direction of the City Manager and shall have the following duties and responsibilities:
   1. The DRC shall review the following items to determine if they comply with the City Master Plan and with current City ordinances and resolutions:
      1. Preliminary and final subdivision plats.
      2. Site plans.
      3. PRDs, condominiums and condominium conversions.
      4. Any other proposed development of real property requiring Planning Commission review.
   2. The DRC may make recommendations regarding the following items:
      1. Rezones.
      2. Annexations.
      3. Conditional Use Permits.
      4. Any development matter that is governed by a law that gives discretionary authority to determine compliance.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

7. The DRC may establish procedures for the preparation of agendas, the scheduling of meetings, and the conduct of meetings and field trips.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-01-0021, Amended 06/12/2001)

Effective on: 1/1/1901

The General Plan adopted by the City shall be an advisory guide for land use decisions. Failure to strictly comply with the General Plan shall not invalidate any amendment to the Zoning Ordinance or Zoning Map.

(Ord. No. O-07-0019, Enacted 03/13/2007; Ord. No. O-2018-0026, Amended 08/28/2018)

Effective on: 6/19/2018