(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0031, Ren&Amd., 07/01/2003)

2. ROS Zone. The ROS Zone is established to promote large lot developments at a density not to exceed one (1) dwelling unit per one (1) acre and to promote the preservation of open space by allowing clustered developments.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0031, Ren&Amd., 07/01/2003)

3. Uses. For permitted uses and uses that require a conditional use permit, refer to Appendix A of the Orem City Code.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0031, Ren&Amd., 07/01/2003)

Effective on: 1/1/1901

2. Lots on Geneva Road. Notwithstanding any other provision to the contrary, all residential structures shall be set back a minimum of 100 feet from Geneva Road. No lot in a clustered development may have a driveway access onto Geneva Road.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0031, Ren&Amd., 07/01/2003)

3. Setback from Agricultural Protection Area or Conservation Easement. All residential structures shall be set back a minimum of 100 feet from a recorded agricultural protection area and/or a recorded conservation easement.

(Ord. No. 661, Revised 04/10/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0031, Ren&Amd 07/01/2003, 22-10-2; Ord. No. O-05-0033, Amended 10/11/2005)

4. Accessory Structures.
   1. The provisions of Section 22-6-8(B) of the Orem City Code shall apply to all accessory structures in the ROS zone but shall not apply to accessory structures in the OS5 zone except as otherwise provided herein.
   2. The standards and requirements set forth below shall apply to all accessory structures in the OS5 and ROS zones:
      1. No more than twenty-five percent of the area of a rear or side yard may be covered by accessory structures.
      2. Accessory structures such as barns, pens, corrals and coops for the keeping of animals and fowl shall be located at least two hundred feet (200') from an adjacent dwelling, at least one hundred feet (100’) from the residence on the same lot as the animals are kept, and at least one hundred forty feet (140') from any public street.
      3. Accessory structures not having walls shall be set back a minimum distance of three feet (3') from an interior side or rear property line.
      4. All accessory structures shall be constructed in accordance with the requirements of the International Building Code.
      5. An accessory structure shall not be designed or used as a guesthouse or a separate apartment unit.
      6. Accessory structures (other than those governed by subsection (b)) may not be located any closer to a public street than the required setback for the primary structure.

(Ord. No. 661, Revised 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0031, Ren&Amd 07/01/2003, 22-10-2; Ord. No. O-05-0003, Amended 10/11/2005)

1. 5. Primary Structures other than Dwellings - OS5 Zone Only. The following standards shall apply to primary structures other than dwellings:

(Ord. No. 661, Revised 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0031, Ren&Amd 07/01/2003, 22-10-2; Ord. No. O-05-0003, Amended 10/11/2005)

Effective on: 1/1/1901

1. Clustered Development. All residential lots and dwellings are clustered in a way that creates a consolidated and contiguous area of open space.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

2. Minimum Lot Size and Width. Each lot within the clustered development has:

At least 10,000 square feet;

At least 100 feet of lot frontage; and

Direct access to common open space.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

3. Attached units. Attached units are not permitted.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

4. Open Space in the ROS Zone. The required open space in the ROS zone shall meet the following requirements:
   1. The open space must be a part of a contiguous open area of at least five (5) acres, which may be located on one or more parcels. The open space shall be integrated into the residential development and must consist of large areas suitable for recreational uses. Open areas having any dimension of less than 40 feet or other open areas that are not practically useable for recreational purposes because of their location, size, dimensions or other characteristics shall generally not be considered as meeting the intent of the open space requirement.
   2. All open space areas shall be designated as “common area” on the preliminary and final plat with a note indicating that such area(s) must be maintained as open space. Every lot owner in the subdivision shall have an undivided and equal interest in the open space areas. The undivided interest in an open space area may not be separated or sold separately from the ownership of each individual lot. Each lot owner is responsible for an equal part of the taxes assessed on the open space areas. No subdivision or development, except for recreational facilities, shall be allowed in any area designated as open space.
   3. Prior to the approval of any final plat for a development, the owner/developer of a project shall establish a nonprofit homeowners’ association, a trust or other similar mechanism acceptable to the City (hereinafter collectively referred to as an “HOA”), which shall be formed for the purpose of assuming responsibility for the ongoing maintenance of the open space areas. The owner/developer shall submit all documents necessary for the establishment and function of the HOA to the City for review and approval prior to receiving approval of any final plat. Such documents shall include provisions for the allocation of the costs of open space maintenance between the lot owners, an effective means of enforcement and collection of maintenance costs from the lot owners, and a provision that all property owners within the development automatically become a member and/or participant in the HOA upon obtaining an ownership interest in any lot in the development.
   4. The owner/developer of a project shall be responsible for the initial development and installation of all improvements required for the open space areas. The improvements to the open space areas (including sprinkler systems and landscaping where applicable) shall be substantially completed no later than six (6) months after the sale of thirty percent (30%) of the lots in the development. The owner/developer shall also be responsible for the ongoing maintenance and upkeep of the open space areas until such time as at least eighty percent (80%) of the lots in the development have been sold and the owner/developer has transferred the responsibility for maintenance of the open space to the HOA. After the sale of eighty percent (80%) of the lots in the development, the HOA shall be responsible for the maintenance of all open space areas in conformance with the requirements of this Section 22-10-4 of the Orem City Code.
   5. All open space must be maintained by the HOA as recreational uses such as parks, playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses for the common use and benefit of all of the owners of the lots in the development and/or the public. The open space may be dedicated to the City for use as a public park if the City is willing to accept the dedication. Primary buildings may not be constructed in open space areas, but accessory buildings that are subordinate to and customarily incidental to the primary recreational use (such as maintenance and equipment storage buildings) shall be allowed. The open space areas must be maintained free of weeds and controlled in such a way as to prevent the open spaces from becoming a nuisance.
   6. If, for any reason the HOA ceases to exist or fails to maintain the open space areas as required, the lot owners shall be equally responsible for such maintenance. If the HOA and/or the owners fail to maintain the open space areas, the City shall have the right to enter upon the open space areas through its employees or contractors to complete the maintenance. The expenses of providing the maintenance plus a surcharge of thirty percent (30%) of the maintenance costs may be assessed against the lots in the development and the City may file a lien against the lots to ensure payment of the costs and the surcharge. Failure to maintain an open space area shall also be considered a violation of this Section 22-10-4 and the City may institute criminal or civil proceedings to enforce the maintenance requirement.
   7. Both the preliminary and final plat shall include the provisions of Subsections 22-10-4(D)(5) and (6) of the Orem City Code as covenants, conditions and restrictions that shall be deemed to run with the land.
   8. The owner/developer of a project shall be required to record with the office of the Utah County Recorder a separate declaration of covenants, conditions and restrictions which includes all of the provisions listed in subsections 22-10-4(D)(2), (5) and (6) of the Orem City Code as covenants, conditions and restrictions. The declaration of covenants, conditions and restrictions shall be made applicable to all property included within the development.
   9. The Planning Commission may deny a preliminary plat and the City Engineer may deny a final plat if the open space shown on the plat does not comply with the provisions or intent of the open space requirements described in this section.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

5. Open Space in the OS5 zone. The required open space in the OS5 zone shall either comply with all of the open space requirements of the ROS zone, or in the alternative shall comply with the following requirements:
   1. The open space must be a part of a contiguous area of at least ten (10) acres, which may be located on one or more parcels provided that each parcel is at least five (5) acres in size. The open space need not be designated as common area and may be separately owned and sold apart from the ownership of the separate residential lots. However, the required open space areas may not be subdivided into a parcel of less than five (5) acres.
   2. The open space areas may be used only for agricultural uses permitted in the OS5 zone or for noncommercial recreational uses such as parks, playgrounds, athletic fields, pathways for pedestrians/bicyclists, and other similar uses for the use and benefit of the owners of the lots in the development and/or the public. No other use or development shall be allowed in any area designated as open space.
   3. Primary buildings may not be constructed in open space areas, but accessory buildings that are subordinate to and customarily incidental to the primary agricultural or recreational use of the open space shall be allowed.
   4. The open space areas must be maintained free of weeds and controlled in such a way as to prevent the open spaces from becoming a nuisance.
   5. Both the preliminary and final plat(s) shall designate the areas to be kept as open space and shall include the provisions of subsections 22-10-4(E)(2),(3) and (4) as covenants and restrictions that shall be deemed to run with the land.
   6. The owner/developer of a project shall be required to record with the office of the Utah County Recorder a separate notice of covenants and restrictions stating that the property is subject to the provisions of subsections 22-10-4(E)(2),(3) and (4) and that said covenants and restrictions run with the land.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

6. Fencing Requirements. All required open space areas in the ROS zone and all residential lots located adjacent to agricultural uses shall include a six-foot (6’) high fence along that portion of the property line in common with the adjacent agricultural use.

(Ord. No. O-03-0031, Enacted, 07/01/2003)

Effective on: 1/1/1901

(Ord. No. O-03-0031, Enacted., 07/01/2003)

2. All dwellings shall be provided with a potable water supply and plumbed in accordance with the International Plumbing Code.

(Ord. No. O-03-0031, Enacted., 07/01/2003)

3. The front yard of all lots shall be landscaped within one (1) year of completion of any structure on that lot.

(Ord. No. O-03-0031, Enacted., 07/01/2003)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0031, Enacted, 07/01/2003)

Effective on: 1/1/1901