(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-05-0001, Amended, 01/11/2005; Ord. No. O-2014-0011, Amended 02/25/2014; Ord. No. O-2018-0022, Enacted, 06/19/2018)

Effective on: 6/19/2018

1. The “Zone Development Standards for the State Street Corridor Area” (22-8-8(B)) shall apply to all PD zones in the State Street Corridor Area, unless otherwise expressly provided in a specific PD zone ordinance. 

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-05-0001, Amended, 01/11/2005; Ord. No. O-2014-0011; Am&Ren 02/25/2014; Ord. No. O-2017-0012, Amended 04/25/2017)

Effective on: 1/1/1901

1. A layout of all parking areas, Amenities, open spaces, landscaped areas, drive accesses, proposed building footprints, building heights and the orientation of all buildings;
2. Architectural renderings that illustrate the architectural style(s), materials, and designs to be employed in the development;
3. The number of residential units per acre, if applicable;
4. The legal description of the subject property and a preliminary title report;
5. A topographic map of the subject property and adjacent property within three hundred feet (300') of the subject property;
6. A tabulation of the total land area and percentage thereof designated for various proposed uses;
7. A general circulation plan indicating both public and private vehicular and pedestrian ways;
8. A statement indicating the future form of ownership (e.g. sole ownership, condominiums etc.) and responsibility for maintenance of the project areas such as streets, structures and open spaces;
9. A preliminary plan for storm drainage, sewage disposal, grading and public utilities; and
10. Any additional information that the City may deem necessary to determine whether the proposed PD zone is in the interest of the public health, safety and welfare.

The text of any particular PD zone may modify the requirements of the Concept Plan required for that specific PD zone. All development in a PD zone shall conform to the Concept Plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-05-0001, Amended, 01/11/2005)

Effective on: 1/1/1901

1. Increase the density of residential units (if applicable) or change the approved uses;
2. Detract from the overall safety or aesthetics of the original Concept Plan;
3. Substantially alter the architecture or design characteristics of the original Concept Plan;
4. Create a greater adverse impact on neighboring properties than the original Concept Plan; and
5. Increase the proposed square footage of buildings by more than ten percent (10%).

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-05-0001, Amended, 01/11/2005)

Effective on: 1/1/1901

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-05-0001, Amended, 01/11/2005; Ord O-2018-0018, Amended 05/22/2018)

Effective on: 5/22/2018

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-05-0001, Amended, 01/11/2005)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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-95-0040, Rep&ReEn, 06/13/1995; Ord. No. O-01-0021, Amended 06/12/2001)

2. Permitted Uses. The uses listed below shall be permitted uses within the PD-1:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-95-0040, Rep&ReEn, 06/13/1995; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended 06/12/2001)

3. Any use not specifically listed in subsections (B) above shall not be permitted in the PD-1 Zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-95-0040, Rep&ReEn, 06/13/1995; Ord. No. O-01-0021, Amended 06/12/2001)

4. Site Development Standards.
   1. Setbacks: All buildings shall be set back at least twenty feet (20’) from Center Street and Orem Boulevard. All buildings shall be set back at least forty feet (40’) from 165 South, 200 West and all residentially zoned property. No setback is required from other commercially zoned property. Notwithstanding the above, a portion of an irregular shaped building and any fence may encroach into a required forty foot (40’) setback area provided the following criteria are met:
      1. The square footage of the portion of the building or fence that encroaches into the setback area shall not exceed the total square footage of the area that is located between the forty foot setback line and those portions of the building or fence that are set back more than forty feet from the street.
      2. In no case shall any building or fence, or portion thereof be closer than thirty feet (30') to 165 South or 200 West.
   2. Building Heights: No building or structure shall be higher than forty feet (40') including mechanical appurtenances, which shall be properly screened, above the average grade of the street sidewalks adjacent to the property within the PD-1 Zone. The minimum height of any building shall be twelve feet (12') above the average grade of the street sidewalks adjacent to the property within the PD-1 Zone.
   3. Building Design & Materials. The architecture, design theme, and construction materials of the building's front elevation shall be applied to all exterior walls of the building. The rear of the building and any portion of the building that traditionally gets less attention to aesthetics shall be enhanced by the same architecture and design theme as those portions of the building that get high visibility from the public, except exterior building striping or similar decor shall not be installed on the rear or side exterior building walls directly adjacent to residential areas. The following construction materials are acceptable: brick, fluted block, colored textured block, concrete tilt-up that meets the specific architectural theme for the development, glass and wood. Sheet metal and corrugated metal shall be prohibited, except for trim, soffits, facia, mansards and similar architectural features. Other materials may be used if approved by the Planning Commission.
   4. Building Orientation. No building shall face toward an adjacent residential zone. The only building accesses permitted with orientation toward adjacent residential zones shall be emergency accesses only as required by the Uniform Building and Fire Codes.
   5. Landscaping:
      1. A landscaped strip shall be installed adjacent to all dedicated streets. The landscaped strip shall be at least ten feet (10') in width along Center Street and Orem Boulevard, and at least forty feet (40') along 200 West Street, and the entire setback area, specified in subparagraph (D)(1) above, along 165 South Street. The landscaped strip shall have berms that vary in height above the grade of the sidewalk and that meander within the landscaped width.
      2. Trees planted along Center Street and Orem Boulevard shall be in accordance with the City Tree Master Plan and shall be at least two inches (2") in caliper measured four feet (4') above the ground. Trees along 165 South Street and 200 West Street shall be a combination of deciduous and evergreen on a ratio of seventy-five percent (75%) deciduous and twenty-five percent (25%) evergreen. The quantity of trees along 165 South Street and 200 West Street shall be one tree for every twelve (12) linear feet of street right-of-way adjacent to the development within the PD-1 zone. Trees along 165 South Street and 200 West Street shall be clustered within the landscaped areas required by subparagraph (5)(a) above and shall screen loading areas. Deciduous trees shall be at least two inches (2") in caliper measured four feet (4') above the ground and evergreens shall be at least five (5) gallons in size. Deciduous and evergreen trees planted as screening for loading areas shall be at least ten feet (10') in height.
      3. Landscaped end islands shall be located at the end of each row of parking. Each island shall have one (1) deciduous tree, unless the end island is within seventy-five (75) feet of a dedicated street right-of-way or within fifty (50) feet of a store front.
      4. Each landscaped area shall be at least three feet (3') long and three feet (3') wide. The plan showing the planting areas shall show the general location, number, and type of plants along with provisions for an irrigation system.
      5. Concrete curbs shall be provided between landscaped areas and off-street parking areas.
   6. Fences. There shall be installed and maintained a seven foot (7') high fence adjacent to (subject to setback requirements of Section 22-11-13(D)(1) above) a residential zone and along the north side of 165 South Street, the east side of 200 West Street, and along the north side of 100 South Street. The fence shall be constructed of masonry and treated on both sides with anti-graffiti sealant. When a receiving area is within one hundred fifty feet (150') of a residential zone, there shall be installed and maintained a ten foot (10') high fence which shall screen and buffer adjacent residential developments. A building wall shall satisfy the fencing requirement along 165 South Street and 200 West Street, provided the entire area between the streets and building is landscaped and no driveways or walkways exist in the landscaped area. The fence then shall be constructed from the building to all other areas where a fence is required by this Section. The fence shall be maintained by the owner of the development.
   7. Vehicular Accesses: Vehicular accesses to the site shall be from Center Street, either directly or via cross-easements with adjacent property owners, and from Orem Boulevard. Deceleration lanes shall be provided at all entrances to the site from dedicated streets. No vehicular or pedestrian access is permitted from 165 South Street, 200 West Street or 100 South Street.
   8. Lighting: Freestanding lighting fixtures of at least eight feet (8') in height and not to exceed twenty feet (20') in height and producing at least one (1) foot candle of illumination shall be installed and maintained along 165 South Street and 200 West Street. These lights shall be placed along the street right-of-way lines and designed to shine away from residential developments. The lighting shall be designed to discourage graffiti and enhance a crime prevention environment and shall not glare into adjacent residential areas. Lighting in parking areas shall not glare into adjacent residential areas.
   9. Outside Storage and Display Areas: The storage of merchandise or other material outside an approved building is prohibited. Outside display areas shall be approved as a part of the site plan. Landscaped areas shall not be used for the display of merchandise nor storage of materials.
   10. Receiving Areas (Docks): Receiving areas located within one hundred fifty feet (150') of a residential zone shall be located inside an approved building or in an area enclosed on three sides and covered with a roof. Access to receiving docks shall be from the front of the building or from a side of the building, provided the side of the building is not oriented toward an adjacent residential zone. Receiving areas shall be signed to indicate the hours the receiving area is operational and shall be signed to prohibit engine idling when the receiving area is closed. Receiving areas shall not operate between the hours of 10:00 p.m. and 6:00 a.m. Materials, such as pallets, store fixtures, and other similar items shall not be stored in the receiving area. Any and all venting of the receiving areas shall be to the interior.
   11. Solid Waste Areas: Solid waste dumpster locations within one hundred fifty feet of a residential zone shall have the same enclosure requirements of receiving docks as specified in subparagraph (E)(10) above and shall consist of materials approved by the City. Solid waste dumpsters located more than one hundred fifty feet (150') from any adjacent residential zone shall be located in an enclosure, the materials of which shall be approved by the City as a part of the site plan. Pick up of solid waste shall not occur between the hours of 10:00 p.m. and 7:00 a.m..
   12. Site Maintenance. Except for snow removal, all common area maintenance of the site shall be between the hours of 6:00 a.m. and 10:00 p.m.. Snow removal may be conducted on the site any time as necessary.
   13. Certificate of Occupancy: No Certificate of Occupancy shall be issued for any building on any portion of a development until the landscaping is in place or a bond, cash deposit, or equivalent, is deposited with the City conditioned on and guaranteeing the installation of all landscaping shown on the approved site plan. All landscaped areas shall be maintained in a neat, clean, orderly and sightly condition. This shall include proper pruning, lawn mowing, weeding, removal of litter, fertilizing, replacing of dead plants and the regular watering of all plantings. Failure to maintain the landscaping as provided herein shall be a violation of this chapter and enforceable as provided by law.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-95-0040, Rep&ReEn, 06/13/1995; Ord. No. O-96-0010, Amended, 06/04/1996; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-2015-0015, Amended 05/26/2015; Ord. No. O-2019-0013, Amended 5/14/19)

5. Public Hearing. No site plan or site plan amendment shall be approved without first holding a public hearing with the City Council upon recommendation of the Planning Commission.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-95-0040, Rep&ReEn, 06/13/1995; Ord. No. O-01-0021, Amended 06/12/2001)

Effective on: 5/14/2019

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Development Standards. The PD-2 Zone may develop with the R6 Zone development Standards, or it may develop as a Planned Residential Development (PRD). All provisions and standards of the PRD ordinance shall apply to the PD-2 Zone with the following exceptions:
   1. The maximum density allowed shall be sixteen (16) dwelling units per acres.
   2. The minimum lot size required for a PRD shall be fifteen thousand (15,000) square feet.
   3. The property need not be rezoned to the R5 Zone.
   4. Section 22-7-12(B) shall not apply except that the maximum height for all structures in a PRD shall be thirty-five feet (35').
   5. Section 22-7-12(U) shall not apply for the consolidation of open space.
   6. The minimum rear yard setback shall be fifteen feet (15’).

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended, 10/21/1997; Ord. No. O-00-0005, Amended, 02/08/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Permitted Uses. Any land use permitted within the R6 Zone shall be a permitted use in the PD-2 Zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Conditional Uses. Any land use within the R6 zone listed as a conditional use shall be required to obtain a conditional use permit within the PD-2 Zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Prohibited Uses. Any use prohibited in the R6 Zone shall be prohibited in the PD-2 zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Subdivision. Any subdivision of land within this PD-2 Zone shall be in compliance with the Subdivision Ordinance and the Zoning Ordinance requirements of the R6 Zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Setbacks & Landscaping.

Notwithstanding any other provisions, setbacks and landscaping adjacent to 800 North Street shall comply with the following cross-section:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Other Regulations. Except as otherwise specified in this Section, the standards and requirements of the R6 zone shall apply to the PD-2 zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0048, Amended 10/21/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Effective on: 1/1/1901

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0019, Amended, 03/25/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Permitted Uses. The following shall be permitted uses within the PD-4 zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0019, Amended, 03/25/1997; Ord. No. O-99-0018, Amended, 04/27/1999; Ord. No. O-99 0042, Amended, 09/14/1999; Ord. No. O-00-0043, Amended, 09/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-04-0013, Amended, 02/10/2004; Ord. No. O-2016-0034, Amended 12/13/2016)

3. Conditional Uses. Any permitted use with a drive-through or drive-up window shall be required to obtain a conditional use permit from the City. The following uses shall be required to obtain a conditional use permit from the City:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0019, Amended, 03/25/1997; Ord. No. O-99-0018, Amended, 04/27/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-04-0013, Amended, 02/10/2004)

4. Prohibited Uses. Any use not listed as either a permitted use or a conditional use shall be prohibited.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0019, Amended, 03/25/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Site Development Standards.
   1. Building Setback. The building setback from any dedicated street right-of-way or adjacent residential property line shall be thirty feet (30').
   2. Maximum Area. The maximum area of the development site shall be twelve (12) acres.
   3. Building Height. The maximum building height shall be thirty-five feet (35') above the average grade of the adjacent street sidewalk excluding mechanical appurtenances, which shall be screened. The minimum height of any building shall be twelve feet (12') above the average grade of the adjacent street sidewalks.
   4. Architectural Design. The architecture, design theme, and construction materials of the building's front elevation shall be applied to all exterior walls of the building. The rear of a building and any portion of the building that traditionally gets less attention to aesthetics shall have the same architecture and design theme as those portions of the building that get high visibility from the public. The following construction materials are acceptable: brick, fluted block, colored textured block, concrete tilt-up that meets the specific architectural theme for the development, glass and wood. Sheet metal and corrugated metal shall be prohibited, except for trim, soffits, fascia, mansards and similar architectural features. Other materials may be used if approved by the Planning Commission.
   5. Building Orientation. No building containing a retail use shall face south. For buildings containing a retail use, the only building accesses permitted toward the south residential zone shall be emergency accesses only as required by the Uniform Building and Fire Codes.
   6. Primary Tenant. The primary tenant or occupant of the neighborhood shopping center shall be a retail grocery store.
   7. Lighting Plans. Freestanding lighting fixtures of at least eight feet (8') in height and not to exceed twenty feet (20') in height and producing at least one (1) foot candle of illumination shall be installed and maintained along 700 North. These lights shall be placed along the street right-of-way line and shall be designed to shine away from residential developments. Lighting shall be designed to discourage graffiti and enhance a crime prevention environment and shall not glare into adjacent residential areas. Lighting in parking areas shall not glare into adjacent residential areas.
   8. Landscaping.
      1. A landscaped strip shall be installed adjacent to all dedicated streets. The landscaped strip shall be at least ten feet (10') in width along 800 North Street and 800 East Street, and shall encompass the entire setback area, specified in subparagraph (E)(1) above, along 700 North Street. The landscaped strip shall have berms that vary in height above the grade of the sidewalk and that meander within the landscaped strip.
      2. Trees planted along 800 North Street and 800 East Street shall be in accordance with the City Tree Master Plan and shall be at least two inches (2") in caliper measured four feet (4') above the ground. Trees required along 700 North Street shall be a combination of deciduous and evergreen on a ratio of seventy-five percent (75%) deciduous and twenty-five percent (25%) evergreen. The quantity of trees along 700 North Street shall be at least one (1) tree for every twelve (12) linear feet of street right-of-way adjacent to the development within the PD-4 zone. Trees required along 700 North Street shall be clustered within the landscaped areas required by subparagraph (5)(a) above and shall screen loading areas. Deciduous trees shall be at least two inches (2") in caliper measured four feet (4') above the ground and evergreens shall be at least five (5) gallons in size. Deciduous and evergreen trees planted as screening for loading areas shall be at least ten feet (10') in height.
      3. Landscaped end islands shall be located at each end of each row of parking. Each island shall have one (1) deciduous tree, unless the end island is within seventy-five (75) feet of a dedicated street right-of-way or within seventy-five (75) feet of a store front.
      4. Each landscaped area shall be at least three feet (3') long and three feet (3') wide. The plan showing the planting areas shall show the general location, number, and type of plants along with provisions for an irrigation system.
      5. Concrete curbs shall be provided between landscaped areas and off-street parking areas.
   9. Parking Areas. All parking areas shall be designed to retain and dispose of surface water runoff on the site.
   10. Design. The elements of the site plan, e.g., buildings, circulation, open space and landscaping, etc., shall be designed and arranged to produce an efficient, functionally organized, and cohesive planned development.
   11. Bus Bays. The site plan shall provide adequate off street areas for bus stops.
   12. Traffic Design. The site plan shall be designed to facilitate traffic flow on 800 North Street and 800 East Street. The applicant shall submit a traffic impact study showing the impacts development of a proposed site plan will have on traffic on 800 North Street and 800 East Street. The traffic impact study shall be used by the City to impose necessary conditions on a site plan to mitigate negative impacts on traffic circulation caused by the site plan development.
   13. Signage. All signage shall be in accordance with the provisions of the Sign Ordinance of the City.
   14. Fences. There shall be installed and maintained a seven foot (7') high fence along property lines in common with an adjacent residential zone and along the north side of 700 North Street. All fences next to dedicated streets shall be set back at least forty feet (40') from the dedicated street right-of-way. No fence shall be required along 800 North Street or 800 East Street. The fence shall be constructed of masonry and treated on both sides with anti-graffiti sealant. When a receiving area is within one hundred fifty feet (150') of a residential zone there shall be installed and maintained a ten foot (10') high fence which shall screen and buffer adjacent residential developments adjacent to the receiving area. A building wall shall satisfy the fencing requirement along the south and east property lines, provided the entire area between the property lines and building is landscaped and no driveways or walkways exist in the landscaped area. The fence then shall be constructed from the building to all other areas where a fence is required by this Section. The fence shall be maintained by the owner of the development. The requirement to fence receiving areas shall not apply to buildings located on pads along 800 North Street and 800 East Street.
   15. Vehicular Accesses. Vehicular accesses to the site shall be from 800 North Street, 800 East Street, and 1000 East Street. Deceleration lanes shall be provided at all entrances to the site from dedicated streets. No vehicular or pedestrian access is permitted from 700 North Street.
   16. Outside Storage and Display Areas. The storage of merchandise or other material outside an approved building is prohibited. Outside display areas shall be approved as a part of the site plan. Landscaped areas shall not be used for the display of merchandise nor storage of materials.
   17. Receiving Areas (Docks). Receiving areas located within one hundred fifty feet (150') of a residential zone shall be located inside an approved building or in an area enclosed on three sides and covered with a roof. Access to receiving docks shall be from the front of the building or from a side of the building, provided the access is not oriented toward an adjacent residential zone. Receiving areas shall be signed to indicate the hours the receiving area is operational and shall be signed to prohibit engine idling when the receiving area is closed. Receiving areas shall not operate between the hours of 10:00 PM and 6:00 AM. Materials, such as pallets, store fixtures, and other similar items shall not be stored in the receiving area. Any and all venting of the receiving areas shall be to the interior. This requirement shall not apply to buildings located on pads along 800 North Street and 800 East Streets.
   18. Solid Waste Areas. Solid waste dumpster locations within one hundred fifty feet of a residential zone shall have the same enclosure requirements as receiving docks as specified in subparagraph (D)(17) above and shall consist of materials approved by the City. Solid waste dumpsters located more than one hundred fifty feet (150') from any adjacent residential zone and adjacent to buildings located on pads along 800 North Street and 800 East Street, shall be located in an enclosure, the materials of which shall be approved by the City as a part of the site plan.
   19. Site Maintenance. Except for snow removal, all common area maintenance of the site shall be between the hours of 6:00 AM and 10:00 PM. Snow removal may be conducted on the site any time as necessary.
   20. Certificate of Occupancy. No Certificate of Occupancy shall be issued for any building on any portion of a development until the landscaping is in place or a bond, cash deposit, or equivalent, is deposited with the City conditioned on and guaranteeing the installation of all landscaping shown on the approved site plan. All landscaped areas shall be maintained in a neat, clean, orderly and sightly condition. This shall include proper pruning, lawn mowing, weeding, removal of litter, fertilizing, replacing of dead plants and the regular watering of all plantings. Failure to maintain the landscaping as provided herein shall be a violation of this chapter and enforceable as provided by law.
   21. Public Hearing. No site plan or site plan amendment shall be approved without first holding a public hearing with the City Council after receiving a recommendation from the Planning Commission.
   22. Time Period of Approval. Failure to submit a final development plan within one year of the date of approval of the preliminary plan shall terminate all proceedings and render approval of the preliminary development plan null and void. Failure to obtain a building permit from the City on a final development plan within two hundred forty-five (245) days of the date of approval of the final development plan shall terminate all proceedings and render approval of the preliminary and final development plans null and void.
   23. Other Regulations. Except as otherwise specified in this Section, the standards and requirements of the C2 zone shall apply to the PD-4 zone.
   24. Site Plan. A new site plan shall substantially conform to the concept plat contained in Appendix "RR".

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0019, Amended, 03/25/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. 2014-0026, Amended 07/08/2014; Ord. No. O-2016-0034, Amended 12/13/2016; Ord. No. O-2019-0013, Amended 5/14/19)

Effective on: 5/14/2019

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Permitted Uses. The uses listed below shall be permitted within the PD-5 zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-06-0030, Amended 11/14/2006 Ord. No. O-07-0006, Amended 01/23/2007; Ord. No. O-2012-0014, Amended 05/22/2012; Ord. No. O-2016-0027, Amended 09/20/2016; Ord. No. O-2019-0010, Amended 04/09/2019)

3. Repealed.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-06-0030, Amended 11/14/2006; Ord. No. O-07-0006, Amended 01/23/2007)

4. Prohibited Uses. Any use not specifically listed in subsection (B) or (C) above shall be prohibited.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Application of Standards. The site development standards set forth herein shall govern development in the PD-5 zone. The requirements for C2 zone set forth in Article VIII of this Chapter shall apply to the PD-5 zone when not specifically addressed herein.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Access Ways. No parcel shall have more than one (1) access to adjacent dedicated streets, except, however, parcels of three (3) acres or more shall have not more than two (2) access ways to any one street. Each access way shall comply with the following requirements:
   1. The width of any access way leading to a public street shall not exceed fifty (50) feet at its intersection with the property line. Curb returns shall have a minimum radius of fifteen (15) feet.
   2. At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection on any two (2) street right-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear property line, except, however, parcels with frontage of less than one hundred fifty (150) feet may be less than fifty (50) feet to side or rear property lines.
   3. The location and number of access ways shall be so arranged that they will reduce traffic hazards as much as possible.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Access to 1200 South and 1400 South. No commercial development shall have direct access on to 1200 South and 1400 South Street, except for the approved access located at approximately 1400 South and 50 East.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Buffering Adjacent to Residential Zones. All commercial development shall be screened from abutting residential zones and homes by the developer:
   1. Constructing a seven (7) foot high masonry fence on the property line between the residential zone or home and the commercial development. If commercial development extends from 1300 South to 1200 South or 1400 South, then the fence shall be set back from 1200 South or 1400 South a minimum distance of twenty (20) feet measured from the back of sidewalk. The area between the street and the fence shall be landscaped and maintained as part of the site plan.
   2. Where development within the PD-5 zone abuts a lot that has on it a residential use, the developer of the property within the PD-5 zone shall install and maintain on the development side of the fence listed in subparagraph (1) above, a landscaped strip at least six (6) feet in width with trees at least two (2) inches in caliper measured four (4) feet above the ground, planted twenty (20) feet on center.
   3. Constructing a seven (7) foot high masonry fence adjacent to the eastern boundary of Victoria Park Subdivision as development takes place on the adjacent property, and an eight (8) foot masonry fence along the southern boundary of Victoria Park Subdivision at the time commercial development takes place on the north side of 1300 South between Main Street and Victoria Park Subdivision or between 400 West Street and Victoria Park Subdivision. The fence on the eastern and southern boundaries of Victoria Park Subdivision shall be paid for by the Redevelopment Agency out of tax increment funds.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Setbacks.
   1. Front yard. All buildings shall have a front yard setback of at least forty (40) feet or equal to the height of the building, whichever is greater.
   2. Side yard. The minimum side yard setback shall be zero (0) except when adjoining a residential zone or a public street, in which case it shall be forty (40) feet or equal to the height of the building, whichever is greater. Notwithstanding the above, the minimum side yard setback shall be five (5) feet from that portion of 200 East Street located in the C2 zone provided, however, that all structures shall be subject to all applicable clear vision requirements. 
   3. Rear yard. The minimum rear yard setback shall be zero (0) except when adjoining a residential zone or a public street, in which case it shall be forty (40) feet or equal to the height of the building, whichever is greater.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2018-0018, Amended 5/22/2018)

10. Hours of Operation. In order to maintain privacy and tranquility for nearby residential areas, the City Council may determine hours of use of each business conducted outside of a building as a requirement of the site plan approval.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

11. Building Standards. The following building standards shall apply:
    1. Materials: All structures must be finished on all sides with acceptable finishing materials. The following materials are acceptable without any coverage limitation: brick, stone, and glass. Colored split-face block, EIFS, stucco, cementitious siding, wood or any combination of these materials may be used on no more than sixty-five percent (65%) of one building elevation and on no more than fifty percent (50%) of all other building elevations. Other finishing materials may be used upon approval of the City Council; provided, however that corrugated sheet metal shall in no case be used except for trim, soffits, facia, mansards or other similar architectural features. In determining whether or not other materials may be used, the City Council shall consider the purpose of the zone in promoting well designed, aesthetically pleasing commercial buildings in close proximity to residential areas, the attractiveness of and the City image created by, the proposed development as seen from 1300 South Street, which is a major transportation corridor through the City, and the purpose of the Planned Development zone in promoting a higher development standard than that found in other commercial zones.
    2. The architecture, design theme, and construction materials of a commercial building’s front elevation shall be applied to the exterior walls of all elevations of the building that are within 200 feet of and face a collector or arterial street. All elevations of a commercial building that are within 200 feet of and face a public street shall include windows, awnings, varying façade depth, high-quality exterior finishing materials, lighting, and other similar features that are used in the front elevation of a building.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2016-0027, Amended 09/20/2016)

12. Height. Building height is restricted to a maximum of forty-eight (48) feet exclusive of roof mounted mechanical equipment. All roof mounted equipment shall be enclosed and screened from view.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Outside Storage. All storage and storage activities outside of the main buildings, except loading and unloading, shall be conducted within a building or enclosure constructed with the same exterior finish as the main building. The design of all storage buildings and enclosures shall be approved by the City Council. Exception: Home Improvement Centers (SLU 5260) may display merchandise outside of a main building pursuant to a plan approved by the Development Services Director, provided the display is at least forty-five feet from any public right-of-way and one hundred feet from the point of intersection of any two public rights-of-way, is a maximum of fifteen feet high, and does not occupy more than twenty percent of the parking stalls shown on the approved site plan.

If the City finds at any time that the on-site parking during peak hours is insufficient, the Planning Commission may reduce the size of or completely eliminate the outside display area as needed for parking, after giving an opportunity to the business to be heard.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-07-0050, Amended 12/11/2007)

14. Parking Areas. Parking Areas shall be constructed and maintained as follows:
    1. Parking Setbacks: All parking areas shall be set back a minimum of twenty (20) feet from all dedicated public streets. The setback area shall be landscaped.
    2. Curb Requirements: Planting areas shall be separated from off-street parking areas and driveways by a concrete curb.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

15. Parking near Residential zones. Parking on the south side of 1200 South and the north side of 1400 South is prohibited.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94-0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

16. Loading and Unloading Areas. Each building shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-six (26) feet in width and shall be in addition to and not a part of the drives or circulation system used by the vehicles of shoppers. Loading and delivery areas shall be clearly marked. Loading and deliveries shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. No deliver truck shall be allowed to park or leave running any engine or motor between the hours of 10:00 p.m. and 7:00 a.m.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

17. Landscaping and Lighting Plans. Landscaping and lighting plans shall be submitted to the City Council for approval as a part of the site plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

18. Landscaping. All site landscaping shall meet the following requirements and be completed within ninety (90) days of completion of the building construction. In the event that the building is completed during the time of year when planting is not appropriate (October 15 through March 15) the landscaping may delayed to the next growing season.
    1. Street Trees. Golden Rain, Norway Maple, Little Leaf Linden, Shademaster Thornless Honeylocusts trees, or any combination thereof, two (2) inches in caliper, measured four (4) feet above the ground, shall be planted at least 10 feet from the sidewalk along the right-of-way of Main Street, 400 West Street, 1200 South Street, 1300 South Street, and 1400 South Street, where the site abuts those streets. The number of trees shall be one tree for every forty (40) linear feet of property in common with any of the said street rights-of-way. The trees may be space evenly or clustered within the planter strip required along the right-of-way lines. Other types of trees may be used with the City of Orem Urban Forester's approval.
    2. Any tree required in subparagraph 1 above that was planted as part of a previously approved site plan may not be removed or disturbed (other than pruning in accordance with good tree maintenance practices) unless the site plan is amended to show a new proposed landscaping plan.
    3. Shrubs and Ground Cover. Liberal use of shrubs and ground cover plantings are encouraged throughout the corridor. In particular, deciduous and annual plants that provide colors should be used to accent entrances and street intersection nodes. However, landscaping shall not be placed next to streets in such a way as to hamper sight distance, nor shall landscaping be placed along pedestrian walkways in such a way as to jeopardize pedestrian safety. In order to achieve a "year round look" throughout the Corridor, a mix of shrubs and ground cover shall be utilized as follows: 75% evergreen or broad leaf evergreen, 25% deciduous.
    4. Peripheral Berm. A berm, which shall vary in height between one (1) foot and three (3) feet above the grade of the sidewalk and shall meander within the planter strip, shall be constructed by the developer along 1200 South, 1300 South, 1400 South, 400 West, and Main Street, where commercial development abuts those streets.
    5. Parking Area. All parking areas shall be landscaped according to the following criteria:
       1. A minimum of three (3) percent of the parking area shall be landscaped with end islands five (5) feet wide by thirty-two (32) feet long minimum, with at least one tree planted in each island.
       2. Additional planter islands shall be required one (1) for every one hundred (100) linear feet of parking to break up the parking lot.
    6. Sprinkler systems with automatic clocks of commercial grade shall be installed for all landscaped areas.
    7. Approved landscaping and other improvements shall be replaced or returned to their original condition by the owner following construction or other activity.
    8. Maintenance: Required landscaped areas shall be maintained in a neat, clean, orderly, and sightly condition. This is meant to include proper pruning, lawn mowing, weeding, removal of litter, fertilizing, replacing of dead plants and the regular watering of all plantings.
    9. Notwithstanding anything herein to the contrary, landscaping for the areas shown in Appendix TT of the Orem City Code along the University Parkway frontage shall be provided and maintained as shown in Appendix TT.
    10. The owner of each property in the PD-5 zone shall be responsible for the maintenance of all landscaping located between the back of street curb and the lot line and for the removal of snow, ice, weeds, dirt and debris from any public sidewalk located on the property or between the back of street curb and the property line.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-07-0005, Amended 01/23/2007; Ord. No. O-2017-0015, Amended, 05/23/2017)

19. Signs. Only Freestanding, Low Profile and Wall signs as defined in the Sign Ordinance are permitted and shall comply with the following regulations:
    1. When electrical service is provided to freestanding signs or low profile signs, all such electrical service shall be underground.
    2. Signs shall comply with the following requirements with respect to size, height and location:

1. 3. No freestanding or low profile sign shall be built within fifteen (15) feet of any interior side lot line.
   4. No more than one (1) freestanding or low profile sign per street frontage shall be permitted for any site. No signs are allowed on 1200 South and 1400 South streets and frontage on these streets shall not be used for calculating the number of signs for the site.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

20. City Council Approval. Any development within this PD-5 zone shall receive City Council approval on a site plan after review and recommendation by the Planning Commission. The form and contents of the site plan shall be the same as that specified in Section 22-14-20, Site Plan Requirements, of this Chapter.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

21. Redevelopment Agency Approval. Any development within the PD-5 zone shall be subject to review and approval by the Redevelopment Agency of the City of Orem to determine if the development complies with the Final Redevelopment Plan No. 85-03-A and 85-03-B.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

22. Installation of Improvements. The improvements as shown by any approved final site plan shall be started within a period of twelve (12) months after such plan is approved by the City, and shall be completed and ready for occupancy within a period of twenty-four (24) months from the date the permit is issued. An extension of time for up to twelve (12) additional months may be granted for a final site plan by the City Manager. Failure to begin improvements within one (1) year of the date of approval shall terminate all proceedings and render approval of the site plan null and void.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

23. Other Documents required.
    1. Agreements. Copies of any agreements with property owners adjacent to the proposed development or any other person, which may be required to effectuate the proposed development, shall be submitted with the final development plan.
    2. Covenants, conditions and restrictions. Copies of any applicable covenants, conditions, and restrictions shall be submitted with the final development plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 687, Amended, 05/14/1991; Ord. No. 695, Amended, 11/12/1991; Ord. No. O-93-0022, Amended, 07/27/1993; Ord. No. O-94-0015, Amended, 05/24/1994; Ord. No. O-94 0042, Amended, 12/13/1994; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 4/9/2019

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

2. Covenants, Conditions and Restrictions. The entire property within the PD-6 zone shall be subject to the Timpanogos Research and Technology Park Subdivision Declaration of Covenants, Conditions and Restrictions, which are set forth in Appendix E, which is incorporated herein by this reference.

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

3. Specific Standards and Development Guidelines. Specific standards and development guidelines are described in the Timpanogos Research and Technology Park Subdivision Declaration of Covenants, Conditions, and Restrictions.

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

4. Other Regulations. Except as otherwise specified in this Section, the standards and requirements of the BP zone shall apply to the PD-6 zone.

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

Effective on: 1/1/1901

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

2. Definitions.

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

2. Refer to the following Articles for additional regulations:
   1. Article IV, Conditional Use Permits.
   2. Article XIV, Supplementary Regulations.
   3. Article XV, Off-Street Parking.

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

3. Location of Zone. The general location of this zone is between 600 North and 800 North and between 1200 East and Palisades Drive, the boundaries of which are located on the Official Zone Map of the City of Orem, Utah.

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

4. Permitted Uses. The uses listed below shall be permitted uses within the PD-8 zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-00-0050, Amended, 11/14/2000; Ord. No. O-01 0021, Amended, 06/12/2001)

5. Conditional Uses. The uses listed below shall be required to obtain a conditional use permit within the PD-8 zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01 0021, Amended, 06/12/2001; Ord. No. O-04-0035, Amended, 9/14/2004)

6. Prohibited Uses. Any use not specifically listed in subparagraphs (D) and (E) above shall be prohibited.

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

7. Site Plans. Site plans for the development of any phase, except for staging area construction, within this PD-8 zone shall be submitted in accordance with Section 22-14-20 of the Orem City Code.

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

8. Amended Site Plans. Amended site plans for development within any phase, except for staging area construction, within this PD-8 zone shall be submitted in accordance with Section 22-14-20.

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

9. Application of Standards. In areas where this zone does not have specific regulations, all standards and requirements applicable to the BP zone shall apply.

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

10. Building Permits. No building/structure shall be constructed without first obtaining a building permit from the City.

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

11. Development Standards.
    1. Vehicular Access. Vehicular access to property within this zone shall be restricted to Palisades Drive only and shall be in accordance with the provisions of CHAPTER 22 of the Orem City Code.
    2. Masonry Fence. A masonry fence shall be constructed and maintained along the entire length of the southern and western boundaries of the PD-8 zone. The masonry fence shall have a minimum height of eight feet and a maximum height of ten feet. The height of the fence shall be measured from the PD-8 side of the fence. The fence shall be consistent in material, height, and design along its entire length. The entire length of the fence required by this section shall be completed no later than August 24, 2011.
    3. Signage. A master sign plan shall be approved by the Planning Commission prior to the erection of any sign within this zone. Existing signs shall be included in the master sign plan.
    4. Landscaping. A landscaping plan shall be submitted to the Planning Commission for approval as a part of the site plan for any phase of development. All site landscaping requirements within the limits of any phase shall be completed within ninety (90) days of completion of the building construction within that phase. In the event that the building is completed between October 15 and March 15, completion of the landscaping may be delayed until the next July 31st following said March 15th date.
       1. Sprinkler systems with automatic clocks of commercial grade shall be installed in all landscaped areas.
       2. All parking rows shall be terminated with a landscaped planter area at least five feet by sixteen feet (5' X 16') for single rows and five feet by thirty-two feet (5' X 32') for double rows. This landscaping requirement shall not apply to parking within a parking structure.
    5. Parking. The amount of required off-street parking spaces shall be the sum of the parking required under this ordinance for the principal use together with a reasonable amount for all accessory uses. Said reasonable amount shall be determined in light of the uses, location and circumstances of the building or structure and in consideration of the provisions of this ordinance.
    6. Rooming and Boarding Quarters. Rooming and boarding quarters within this zone shall be accessory uses to educational facilities only. It shall be unlawful to use rooming and boarding quarters for uses other than accommodations for students enrolled in or lecturers or instructors participating in a program sponsored by an educational institution located within this zone, or for guests involved in the production of electronic media.
    7. Setbacks. No structure shall be located closer than forty feet (40’) to any dedicated street. The setback distance from any structure and an exterior property line (a property line shared with property outside the PD-8 zone) other than a line of a dedicated street shall be the same as the height of the structure, but shall not be less than twenty-five feet (25’). No setback is required from any interior property line in the PD-8 zone.
    8. Outdoor Activities. It shall be unlawful for any person to sponsor or conduct any outdoor activity in such a manner so as to be a nuisance to residents adjacent or in close proximity to this PD-8 zone. Any outdoor activity shall not be audibly discernable beyond the zone boundaries between the hours of 10:30 p.m. and 7:00 a.m.
    9. Horses. Horses may be maintained in the zone only as an accessory use to a transitional treatment home and family and behavioral counseling as a therapeutic tool and subject to the following conditions:
       1. No more than six (6) horses shall be allowed in the zone at any one time. However, due to the rotation of horses between property in the PD-8 zone and other properties, up to nine horses may be allowed in the PD-8 zone approximately one day per week between the hours of 9:00 a.m. and 5:00 p.m.
       2. The horses must all be stabled inside the existing building. No horses may be left outside overnight.
       3. Horse droppings must be cleaned up from the stable, the arena and all outside pasture areas in a timely fashion so that it doesn’t become a nuisance to adjoining property owners.
       4. Horses must be rotated between pasture areas in the south, southwest, and north areas of the property on a regular basis.
       5. No horse shall be allowed within twenty-five feet (25’) of the south or west boundary of the property in the PD-8 zone (adjacent to the neighboring residential uses). The owner of the property in the PD-8 zone shall be required to install a fence or other barrier sufficient to keep any horse from encroaching into this 25’ buffer zone. However, horses may use the 25’ buffer area adjacent to the western boundary of the property as necessary for the limited purpose of rotating horses to a different pasture area.
       6. The City may periodically review the impact the maintenance of the horses in the zone has on adjoining properties and may impose additional requirements as may be necessary to reasonably mitigate any nuisance that might be caused to adjoining properties by the horses.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01 0021, Amended, 06/12/2001; Ord. No. O-04-0035, Amended, 9/14/2004; Ord. No. O-2010-0023, Amended 08/24/2010; Ord. No. O-2015-0022, Amended 06/23/2015)

12. Provisions Applicable to Previously Approved Helipad. A conditional use permit was previously granted for a helipad in the PD-8 zone on January 10, 2006. The conditions and restrictions that were imposed in connection with that helipad use shall remain in effect. The following additional provisions shall also apply to the helipad use:

    1 An aviation fuel storage tank located immediately adjacent to the helipad shall be considered an accessory use to the previously approved helipad provided the aviation fuel storage tank complies with all other applicable requirements including all fire and safety regulations.

    2. The storage of one helicopter (of the type allowed by the conditional use permit) in the existing building shall also be considered an accessory use to the helipad.
    3. In order to verify compliance with the limitations on the number of helicopter flights included within the original conditional use permit, the owner of the property in the PD-8 zone shall provide all flight logs for the approved helicopter to the City every quarter for the first year after the enactment of this provision. If there are no violations of the terms of the conditional use permit during the first year, the owner shall thereafter provide flight logs to the City on a semi-annual basis, or more frequently if requested by the City.

(Ord. No. O-2010-0023, Enacted 08/24/2010)

13. Occupancy Limits. The number of beds for all residential uses the PD-8 zone (including transitional treatment homes, residential facilities for disabled persons, and rooming and boarding quarters as described in subsection (K)(6)), shall not exceed a total of two hundred (200) beds. In addition, the total occupancy of the property related to all residential uses on the property plus any use related to “Family and Behavioral Counseling” shall not exceed a total of two hundred (200) clients or patients at any one time.

(Ord. No. O-2010-0023, Enacted 08/24/2010)

14. Treatment of Certain Disorders Excluded.
    1. No Sex Offender Primary Treatment Track. No use in the PD-8 zone may provide or hold itself out as available to provide a sex offender treatment, sex offender rehabilitation, or sex offender education track or program or any other program for sex offenders. For purposes of this section, a sex offender is defined as any individual who is listed as such on the U.S. Department of Justice National Sex Offender Public Website (currently found at http://www.nsopw.gov/Core/Conditions.aspx). Notwithstanding the foregoing, sex offender related treatment or therapy may be provided to an individual who has been admitted to a facility or program in the PD-8 zone for some other condition for which the facility regularly provides treatment provided that such treatment or therapy is accessory to and necessary for the treatment of the condition for which the individual was admitted to the facility.
    2. Limitation on Individuals Who Constitute a Direct Threat. No facility or use in the PD-8 zone may provide or hold itself out as available to provide treatment for any persons who constitute a direct threat to the health and safety of other individuals.
    3. Individualized Assessments. Within seventy-two (72) hours of admission as a resident in a facility in the PD-8 zone, each resident shall be evaluated by a medical doctor, licensed clinical social worker (LCSW), Licensed Professional Counselor (LPC), psychologist or psychiatrist who is licensed by the State of Utah, for the purpose of determining whether the resident would constitute a direct threat to the health or safety of other individuals or whose tenancy in the facility would result in substantial physical damage to the property of others. The evaluation shall consider any prior criminal or violent acts of the individual that are known to the person conducting the evaluation, the amount of time that has elapsed since the commission of any such acts, and the treatment or medication received by the individual that may have eliminated the direct threat. The evaluation shall also include a check of the U.S. Department of Justice National Sex Offender Public Website (currently found at http://www.nsopw.gov/Core/Conditions.aspx), to determine if the resident is listed as a sex offender. If the resident is a sex offender, the evaluation shall include a psycho-sexual evaluation by a duly licensed psychiatrist or an individual holding a PhD in psychology. If the evaluation determines that the client constitutes a present direct threat to the health and safety of other individuals or the presence of the person at the PD-8 facility would result in substantial physical damage to the property of others, the person will be required to leave the facility within twenty-four (24) hours. The interpretation of “direct threat” shall be based on 42 U.S.C. Section 3604(f)(9) and the cases interpreting the same.
    4. Reporting. The operator of a facility in the PD-8 zone shall certify at least semi-annually in a sworn affidavit to the City that based on the individualized assessment performed for each resident in the facility, no person will or does reside in the facility whose tenancy would likely constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. No building/structure shall be constructed without first obtaining a building permit from the City.

(Ord. No. O-2010-0023, Enacted 08/24/2010)

Effective on: 1/1/1901

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

2. Refer to the following Articles for additional regulations:
   1. Article IV, Conditional Use Permits.
   2. Article XIV, Supplementary Regulations.
   3. Article XV, Off-Street Parking.

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

3. Location of Zone. The general location of this zone is between 500 North and 600 North and between 1200 East and Palisades Drive, the boundaries of which are located on the Official Zone Map of the City of Orem, Utah.

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

4. Permitted Uses. The uses listed below shall be permitted uses within the PD-9 zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Reserved.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Prohibited Uses. Any use not specifically listed in subparagraphs (D) and (E) above shall be prohibited.

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

7. Single Family Development. A single family development that takes place within this PD-9 zone shall comply with the Zone Development Standards set forth in Sections 22-6-8, 22-6-9, and 22-6-10 of this Chapter. A single family development submitted as a planned residential development shall comply with the provisions of Article VII of this Chapter.

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

8. Site Plans. Site plans for the development of any phase, except for staging area construction, within this PD-9 zone shall be submitted in accordance with Section 22-14-20 of the Orem City Code.

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

9. Amended Site Plans. Amended site plans for development within any phase, except for staging area construction, within this PD-9 zone shall be submitted in accordance with Section 22-14-21.

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

10. Application of Standards. In areas where this zone does not have specific regulations, all standards and requirements applicable to the R12 zone shall apply.

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

11. Building Permits. No building/structure shall be constructed without first obtaining a building permit from the City.

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

12. Development Standards for Uses other than Single Family or Planned Residential Development.
    1. Vehicular Access. Vehicular access to property within this zone shall be restricted to Palisades Drive only and shall be in accordance with the provisions of CHAPTER 16 of the Orem City Code.
    2. Buffers. Each phase of development that borders the periphery of the zone and is adjacent to the developed R8 and R12 zones, except along Palisades Drive, shall include a fence, of materials other than chain link or plain cedar, at least six feet in height, measured from the highest side of any grade differential along such fence, or a landscaped strip of at least forty feet (40') in width, or any combination of fencing and landscaping that, in the Planning Commission's opinion, provides an adequate buffer of the uses within this zone and adjacent residential uses. The Planning Commission may waive the minimum height of such fences, provided the fence is used for aesthetics rather than security. The landscape strips shall contain berms at least six feet (6') in height above the grade of the back of the walk and shall include shrubs and trees with the following criteria:
       1. Deciduous trees shall be at least two inches (2") in caliper, measured four feet above the ground, and shall be at least eight feet (8') in height.
       2. Evergreen trees shall be coniferous and shall be at least five gallons in size.
       3. Shrubs may be either of deciduous or evergreen varieties and shall be at least three (3) gallons in size.
    3. Signage. A master sign plan shall be approved by the Planning Commission prior to the erection of any sign within this zone. Existing signs shall be included in the master sign plan.
    4. Landscaping. A landscaping plan shall be submitted to the City for approval as a part of the site plan for any phase of development. All site landscaping requirements within the limits of any phase shall be completed within ninety (90) days of completion of the building construction within that phase. In the event that the building is completed between October 15 and March 15, completion of the landscaping may be delayed until the next July 31st following said March 15th date.
       1. Sprinkler systems with automatic clocks of commercial grade shall be installed in all landscaped areas.
       2. All parking rows shall be terminated with a landscaped planter area at least five feet by sixteen feet (5' X 16') for single rows and five feet by thirty-two feet (5' X 32') for double rows. This landscaping requirement shall not apply to parking within a parking structure.
    5. Parking. The amount of required off-street parking spaces shall be the sum of the parking required under this ordinance for the principal use together with a reasonable amount for all accessory uses. Said reasonable amount shall be determined in light of the uses, location and circumstances of the building or structure and in consideration of the provisions of this ordinance.
    6. Rooming and Boarding Quarters. Rooming and boarding quarters within this zone shall be accessory uses to educational facilities only. It shall be unlawful to use rooming and boarding quarters for uses other than accommodations for students enrolled in or lecturers or instructors participating in a program sponsored by an educational institution located within this zone, or for guests involved in the production of electronic media.
    7. Setbacks. No structure shall be located closer than forty feet (40') to any dedicated street. The setback distance from any structure and a property line other than a line of a dedicated street shall be the same as the height of the structure, but shall not be less than twenty-five feet (25').
    8. Outdoor Activities. It shall be unlawful for any person to sponsor or conduct any outdoor activity in such a manner so as to be a nuisance to residents adjacent or in close proximity to this PD-9 zone. Any outdoor activity shall not be audibly discernable beyond the zone boundaries between the hours of 10:30 p.m. and 7:00 a.m.

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

Effective on: 1/1/1901

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

2. Permitted Uses. The following shall be permitted uses within the PD-10 zone:

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

3. Conditional Uses. The following uses shall be required to obtain a conditional use permit in the PD-10 zone:

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

4. Prohibited Uses. Any use not specifically listed in subparagraphs (B) and (C) above shall be prohibited in the PD-10 zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Zone Development Standards.
   1. Development within the PD-10 zone shall be strictly in accordance with the site plan and building elevation, including all construction items and building materials specified on such plan, approved by the Planning Commission and shown in Appendix C, which is incorporated herein by this reference. In addition to the standards set forth in the site plan and elevation, the following standards shall apply:
      1. Glass either fixed or movable and glass doors shown on the building elevations in Appendix C shall be installed as shown on such elevations and in accordance with the International Building Codes.
      2. A landscape berm, at least one foot (1') above the grade of the back of the sidewalk and a maximum of three feet (3') in height, shall meander and vary in height within an area at least fourteen feet (14') in width along the right-of-way line of 800 North Street and ten feet (10') in width along the right-of-way of 800 East Street; and
      3. The minimum size of conifers shall be five (5) gallons; and
      4. The following signs shall be permitted within the PD-10 zone and shall be in accordance with the provisions of the Sign Ordinance or the provisions of this Section, whichever are more restrictive. The Zoning Administrator may grant the approval of permitted signs, except for freestanding and master identification signs.
         1. (1) Facia Signs
         2. (2) Freestanding Signs
         3. (3) Governmental Signs
         4. (4) Holiday Signs
         5. (5) Interior Signs
         6. (6) Low Profile Signs
         7. (7) Master Identification Signs
         8. (8) Name Plates
         9. (9) Real Estate Signs
         10. (10) Window Signs
      5. The following signs shall not be permitted within the PD-10 zone:
         1. (1) Banner Signs
         2. (2) Billboards
         3. (3) Electronic Message Signs
         4. (4) Mobile Signs
         5. (5) Projecting Signs
         6. (6) Roof Signs
         7. (7) Rotating/Revolving Signs
         8. (8) Temporary Signs
         9. (9) Wall Signs
         10. (10) Youth Activity Sponsor Signs
         11. (11) Any Sign expressly prohibited by the Sign ordinance of the City of Orem; and
      6. The maximum number of freestanding signs in the zone shall be one, of which the maximum area of sign shall not exceed one hundred (100) square feet and the maximum height shall not exceed twenty feet (20'). Such freestanding sign shall not be located closer than twenty feet (20') to any dedicated street. Such sign shall be used primarily as shopping center identification and secondarily as a master identification sign. It shall be unlawful to erect such sign without first obtaining approval from the Planning Commission; and
      7. The maximum number of low profile signs shall be two (2); and
      8. Except as otherwise specified in this Section, the standards and requirements of the C2 zone shall apply to the PD-10 zone.
   2. It shall be unlawful to make or allow to be made any changes to the site plan, building elevations, construction items, or building materials without first obtaining approval from the Planning Commission. Any amendments to Appendix C shall be submitted to the City for review in accordance with the provisions of Section 22-1-5 of this Chapter.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2019-0013, Amended 5/14/19)

6. It shall be unlawful to operate any business within the PD-10 zone between the hours of 11:00 p.m. and 6:00 a.m.

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

7. It shall be unlawful to load, unload, or operate any delivery vehicle including its refrigeration units or motors within the PD-10 zone between the hours of 10:00 p.m. and 7:00 a.m.

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

Effective on: 5/14/2019

(Ord. No. 672, Enacted, 08/07/1990; Ord. No. O-97-0039, Repealed, 08/12/1997; Ord. No. O-2012-0015, Enacted 05/22/2012)

2. Development Standards. The development standards set forth in Article 22-7 (low-density PRD) of the Orem City Code shall apply to the PD-11 zone except as expressly modified as follows:
   1. Density. The density for the PD-11 Zone shall not exceed fourteen (14) units per gross acre.
   2. Height. Structures in the PD-11 Zone shall not exceed three (3) stories above grade and shall not exceed a height of forty (40) feet above grade. However, units located within one hundred feet (100’) of the south boundary of the PD-11 Zone shall not exceed two (2) stories above grade.
   3. Setbacks. Setbacks from a public street shall be twenty-five feet (25’) for the dwelling (excluding unenclosed porches not more than five (5) feet in depth). All buildings shall be set back at least twenty-five (25) feet from the eastern and southern boundaries of the PD-11 Zone with the exception of the southwest corner of one building which may be set back twenty feet from the southern boundary as shown in the concept plan.  All buildings shall be set back at least fifteen (15) feet from the western boundary of the PD-11 Zone. All buildings shall be set back at least five feet from the parcels in the PD-11 Zone on which existing residential homes are currently located.
   4. Utilities. The public sewer system and the public water supply shall serve all dwellings. However, the sewer lines and water lines within the PD-11 Zone shall be privately owned and maintained. All utilities shall be underground. Each individual dwelling shall be individually metered for gas and electricity.
   5. Fences. Fencing type, size and location, if any, shall be approved by the Planning Commission as part of the site plan approval process.
   6. Landscaping and Open Space.
      1. There shall be a minimum of thirty-eight percent (38%) landscaped area for the development.
      2. All land not covered by buildings, driveways, sidewalks, structures and patios shall be permanently landscaped and maintained in accordance with good landscaping practice. All required setback areas adjacent to public or private streets shall be landscaped. All landscaping shall have a permanent underground sprinkling system.
      3. At least one (1) deciduous tree at least two (2) inch caliper measured four (4) feet above the rootball, one (1) evergreen tree at least six (6) feet in height above the rootball, and sixteen (16) evergreen shrubs at least five (5) gallons in size are required for every two (2) dwellings.
   7. Lighting Plan. A lighting plan shall be required. The plan shall be designed to discourage crime, enhance the safety of the residents and guests, prevent glare onto adjacent properties and enhance the appearance and design of the project. All outside lighting shown on the lighting plan, except for front and back door lighting shall be under the control and meter of the homeowners association. The lighting plan shall designate which lighting shall be commonly metered to the association or to the owner.
   8. Parking. There shall be a minimum of two (2) parking spaces provided for each dwelling unit, at least one of which shall be covered. There shall also be a minimum 0.78 parking space for each dwelling for guest parking within the development. Guest parking shall be located within two hundred fifty (250) feet of each dwelling and shall measure nine (9) feet by eighteen (18) feet, excluding ADA compliant stalls. All parking spaces, parking areas and driveways shall be paved with asphalt and/or concrete and shall provide proper drainage.
   9. Recreational Vehicle Storage. Recreational vehicles shall not be parked or stored within the PD-11 Zone.
   10. Streets.
       1. Public street shall mean a right-of-way owned and maintained by the City. Eight (8) foot park-strips and five (5) foot sidewalks shall be on each side of all public streets in this zone, which will be provided in sidewalk and public utility easements.
       2. Private Street shall mean a vehicular right-of-way owned and maintained privately by the homeowners' association that has a right-of-way no less than twenty-eight (28) feet in width and no more than thirty-six (36) feet in width. Private streets shall be paved with concrete or asphalt and, where not adjacent to a building, shall include a curb and gutter which shall be a maximum of two (2) feet in width. Sidewalks shall be constructed to connect the front door of each unit for pedestrian access within the community and the parking areas. Sidewalk shall be installed and maintained in the locations shown in the concept plan. 
       3. Construction and dedications for street improvements on 1430 South will be completed with the first phase of development. Utility and storm water management plans for all phases of the development will be required with phase one development plans.
   11. Traffic Analysis. A traffic study prepared by a professional traffic engineer shall be provided by the developer to show what traffic mitigation measures may be necessary for the proposed development. The developer shall install and/or comply with any mitigation measures that are recommended by the traffic study. The City Engineer may impose traffic mitigation requirements based on this or other studies.
   12. Irrigation Ditches. At time of development, irrigation ditches on properties within the PD-11 Zone shall be piped underground with written approval from the ditch company.
   13. Storage Areas and Solid Waste Receptacles. All outside storage areas and all solid waste receptacles which are not located within a building shall be enclosed on at least three sides with the same material primarily used on the exterior of the main structure.
   14. Exterior Finishing Materials. The exterior elevations and finishing materials shall be a combination of brick, rock, stone, cement fiber siding, and/or stucco. Vinyl and aluminum siding is prohibited.
   15. Roof Pitch. All 3-story dwelling units shall have a minimum roof pitch for the main roof structure of four (4) rise to twelve (12) run. All 2-story dwelling units shall have a minimum roof pitch for the main roof structure of six (6) rise to twelve (12) run.
   16. Homeowners’ Association. A homeowners’ association shall be established for all units in the development. The homeowners’ association shall be responsible for maintaining all common areas and required improvements and for ensuring compliance with the approved site plan.
   17. Storm Water Runoff Plan. A storm water runoff plan that complies with all current City storm water ordinances and specifications shall be provided and shall be designed to accommodate a 25-year storm and a detention system with a maximum allowable discharge rate of sixty gallons per minute per acre (60 g.p.m./ac). All storm water detention areas shall be maintained by the homeowner’s association.
   18. Property Lines. All property lines shall be located at the back of the curb.
   19. No Stacked Units. Stacked units are not allowed in the PD-11 Zone.
   20. Phasing. Development phases are permitted provided that all phases include, in accordance with City policies and procedures: (1) sufficient traffic circulation for the development phase to existing dedicated streets; (2) sufficient infrastructure such as sewer and culinary water; (3) surface water detention, if applicable, and (4) appropriate Amenities for that phase as specified on the site plan.

(Ord. No. 672, Enacted, 08/07/1990; Ord. No. O-97-0039, Repealed, 08/12/1997; Ord. No. O-2012-0015, Enacted 05/22/2012; Ord. No. O-2017-0014, Enacted 06/13/2017; Ord. No. O-2019-0013, Amended 5/14/19)

3. Concept Plan. Development in the PD-11 Zone shall substantially conform to the Concept Plan included herein as Appendix X and incorporated herein by reference. The Concept Plan illustrates the site layout, types of uses, and design and architectural style of buildings to be developed within the PD-11 Zone. No request for development within the PD-11 Zone shall be approved which significantly differs from the Concept Plan. The Concept Plan may be amended in the same manner as an amendment to the zoning ordinance. However, minor amendments to the Concept Plan may be administratively approved by the City Manager or the City Manager’s designee.

(Ord. No. 672, Enacted, 08/07/1990; Ord. No. O-97-0039, Repealed, 08/12/1997; Ord. No. O-2012-0015, Enacted 05/22/2012)

4. R12 Development. Residential properties in the PD-11 Zone that are not included in the PD-11 development may continue operating under the standards of the R12 Zone.

(Ord. No. 672, Enacted, 08/07/1990; Ord. No. O-97-0039, Repealed, 08/12/1997; Ord. No. O-2012-0015, Enacted 05/22/2012)

Effective on: 5/14/2019

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

2. Permitted Uses. The uses listed below shall be permitted within the PD-12 Zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0031, Amended 11/14/2006; Ord. No. O-2011-0014, Amended 06/28/2011)

3. Repealed

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0031, Repealed 11/14/2006)

4. Any use not specifically listed in subsection (B) or (C) above shall not be permitted in the PD-12 zone.

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

5. Site Development Standards.
   1. Compliance. In deciding whether to approve or disapprove submitted plans and specifications, the City shall insure that all improvements, construction, landscaping, and alterations within PD-12 zone conform to and harmonize with the requirements and restrictions of this section and Final Redevelopment Plans #85-03-A and #85-03-B.
   2. Access to Property. The developer of property within the PD-12 zone shall be responsible for developing the frontage roads in accordance with the design and locations agreed to by the City and the Utah Department of Transportation. The City Council may waive the frontage road requirement if: 1) the developer obtains the cross-easement agreements necessary to properly access and serve the developing property and other properties that would be served by the frontage road, and if the cross-easement agreements are made part of an overall circulation plan approved by the City Council, or 2) the developer is successful in obtaining direct access to 1300 South Street from the Utah Department of Transportation and if the access is approved by the City.
      1. Each lot shall have not more than two (2) access ways to any one street. Each access way shall comply with the following requirements:
         1. (1) The width of any access way leading to a public street shall not exceed forty (40) feet at its intersection with the property line. Curb returns shall have a minimum radius of fifteen (15) feet.
         2. (2) The location and number of access ways shall be so arranged that they will reduce traffic hazards as much as possible.
   3. Access to 1200 South and 1400 South. No commercial development shall be permitted to have direct accesses onto 1200 South Street or 1400 South Street, except for the approved accesses located on 1400 South at approximately 150 East Street.
   4. Requirements for Parcel Development. Property subjected to the PD-12 zone shall be approved for development only when the owner and/or developer present a development plan which meets the following criteria:
      1. The minimum area standards for development of a site shall be as follows:
         1. (1) The parcel or parcels included in the development shall total at least three (3) acres in size. Parcels smaller than three (3) acres may be created or developed if: a) the parcel is part of a condominium development that meets the terms of this section; or b) the parcel is used in function and appearance as an integral part of a three (3) acre or greater size development. Parcels smaller than three (3) acres must be developed simultaneously with or subsequent to the development of the three (3) acre or greater size development; and
         2. (2) The entire development shall be substantially square or rectangular in shape; and
         3. (3) The development shall extend entirely from 1300 South to 1400 South or from 1200 South to 1300 South with borders on 1300 South being equal in length to borders on 1400 South or 1200 South respectively; and
         4. (4) The development shall not be designed in such a way as to leave any parcel or parcels of property which could not be developed under the requirements of this section.
      2. No lot larger than three (3) acres in size shall be subdivided or otherwise split in such a way as to leave a parcel less than three (3) acres in size.
      3. The purpose of subsections (a) and (b) are:
         1. (1) To ensure that large, regional retail, service and professional office developments will occur, as opposed to small developments serving only the immediate neighborhood or community;
         2. (2) To prevent the occurrence of further deterioration of the area, which would likely occur if the smaller lots were to remain in residential use next to a large commercial development;
         3. (3) To prevent the conversion of existing homes to small, piecemeal commercial establishments; and
         4. (4) To allow for large, integrated commercial developments, with landscaped buffer areas bordering 1200 South, 1400 South and Main Streets. The inclusion of the smaller lots bordering those streets will square off the developments, making a much more aesthetically pleasing development and preventing a jagged boundary line, which would otherwise follow the uneven back lot lines of the smaller lots.
   5. Setbacks from Public Streets. All buildings shall be set back at least ten (10) feet from University Parkway and Main Street and at least forty (40) feet from 1400 South.
   6. Setbacks from Residentially Zoned Property. All buildings shall be set back at least forty (40) feet or a distance equal to the height of the building, whichever is greater, from residentially zoned property.
   7. Setbacks from Other Lot Lines. No set back is required from an adjoining lot in the PD-12 zone or another commercial zone.
   8. Hours of Operation. The City may determine hours of use of each business conducted outside of a building as a requirement of the site plan approval.
   9. Building Standards. The following building standards shall apply:
      1. Materials: The following exterior finishing materials may be acceptable: brick, fluted block, colored textured block, glass, and wood. Other finishing materials may be used upon approval of the Planning Commission; provided, however, that corrugated sheet metal shall in no case be used except for trim, soffits, facia, mansards or other similar architectural features. In determining whether or not other materials may be used, the Planning Commission shall consider the purpose of the zone in promoting well designed, aesthetically pleasing commercial buildings in close proximity to residential areas, the attractiveness of, and the City image created by the proposed development as seen from 1300 South which is a major transportation corridor through the City.
      2. The character and quality of the materials and design of both the landscaping and the building on the "back side" facing the residential areas shall be of materials and design approved by the City.
      3. Buildings should be coordinated with adjacent commercial buildings in architectural design in order to promote a well-integrated development with attractive urban design qualities.
   10. Height. Building height is restricted to a maximum of forty-eight (48) feet exclusive of roof mounted mechanical equipment. All roof mounted equipment shall be enclosed and screened from view.
   11. Outside Storage. All storage and storage activities outside of the main buildings, except loading and unloading, shall be conducted within a building or an enclosure at least six feet (6') in height and constructed with the same exterior finish as the main building or other materials specifically approved by the Planning Commission. The design of all storage buildings and enclosures shall be approved by the City.
   12. Parking Areas. Parking areas shall be constructed and maintained as follows:
       1. Parking Setbacks: All parking areas shall be set back a minimum of twenty (20) feet from all dedicated public streets. The setback area shall be landscaped.
       2. Curb Requirements: Planting areas shall be separated from off-street parking areas and driveways by a concrete curb.
   13. Parking near Residential Zones. Parking on the south side of 1200 South and the north side of 1400 South is prohibited.
   14. Buffering Adjacent to existing Residential Zones. All parking areas shall be screened from abutting residential neighborhoods by:
       1. Constructing a seven (7) foot masonry wall adjacent to the eastern boundary as development takes place on the adjacent property, and an eight (8) foot masonry wall along the southern boundary of Victoria Park Subdivision at the time any development takes place on the north side of 1300 South between 200 East and Victoria Park Subdivision using tax increment funds.
       2. Installing and maintaining a landscaped strip with trees at least two (2) inch caliper in size, planted twenty (20) feet on center in a landscaped area of no less than six (6) feet in width on the development side adjacent to the wall.

   These standards do not apply to lots fronting on 1200 South or 1400 South streets. The standards for these streets are found in Section (19) (a), (b).

   15. Loading and Unloading Areas. Each building shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-six (26) feet in width and shall be in addition to and not a part of the drives or circulation system used by the vehicles of shoppers. Loading and delivery areas shall be clearly marked.

   Loading and deliveries to businesses located within 200 feet of any residential zone shall be conducted during the hours of 7:00 a.m. to 10:00 p.m.. No delivery truck shall be allowed to park or leave running any engine or motor between the hours of 10:00 p.m. to 7:00 a.m.

   16. Landscaping and Lighting Plans. Landscaping and lighting plans shall be submitted to the City for approval as a part of the site plan. Notwithstanding anything herein to the contrary, landscaping for the areas shown in Appendix TT of the Orem City Code along the University Parkway frontage shall be provided and maintained as shown in Appendix TT. The owner of each property in the PD-12 zone shall be responsible for the maintenance of all landscaping located between the back of street curb and the lot line and for the removal of snow, ice, weeds, dirt and debris from any public sidewalk located on the property or between the back of street curb and the property line.  
   17. Landscaping. All site landscaping requirements shall be completed within ninety (90) days of completion of the building construction. In the event that the building is completed during the time of year when planting is not appropriate (October 15 through March 15) the landscaping may be delayed to the next growing season.
       1. Sprinkler systems with automatic clocks of commercial grade must be installed for all landscaped areas.
       2. Approved landscaping and other improvements must be replaced or returned to their original condition by the owner following construction or other activity.
   18. Street Trees. London Plane Trees at least two inches (2") in caliper, measured four feet above the ground, shall be planted forty feet (40') on center in a landscape strip at least twenty feet (20') in width along the right-of-way of 1300 South Street and Main Street.
   19. Landscape Strip. The landscape strip along 1300 South and Main Streets shall be developed at a grade no lower than the grade of the sidewalk.
       1. Landscaping and Screening.
          1. (1) On 1200 South and 1400 South Streets a landscaped, meandering berm, averaging three feet (3') in height and twenty-five feet (25') in width shall be required. The landscaping shall include the planting of at least one (1) evergreen and one (1) deciduous tree per twenty-five feet (25') of street frontage.
          2. (2) On 1200 South and 1400 South Streets a six (6) foot high masonry fence shall be required with a setback of at least twenty-five feet (25') from the property line. The City Council may approve the fence with chain link six feet (6') in height, provided ivy or other suitable evergreen planting material is planted adjacent to the fence on the street side to provide an opaque screening of view from the street.
   20. Trees. The minimum number of trees shall be twenty (20) per acre of landscaped land area, exclusive of parking area planter strips, street trees required in subsection (18) above and buffering of adjacent residential areas in subsection (14) above.
   21. Shrubs and Ground Cover. Liberal use of shrubs and ground cover plantings are encouraged throughout the corridor. In particular, deciduous and annual plants which provide colors should be used to accent entrances and street intersections.

   However, landscaping shall not be placed next to streets in such a way as to hamper sight distance, nor shall landscaping be placed along pedestrian walkways in such a way as to jeopardize pedestrian safety. In order to achieve a "year round look" throughout the Corridor. A mix of shrubs and ground cover shall be as follows:

   75% evergreen or broad leaf evergreen

   25% deciduous

   22. Parking Area. All parking areas shall be landscaped to reduce the visual impact of the vast amounts of asphalt in parking areas according to the following criteria:
       1. A minimum of three (3) percent of customer parking areas shall be landscaped with islands in width of at least five feet (5') and sixteen feet (16') long for single parking rows and thirty-two feet (32') long for double parking rows. At least one tree planted shall be planted in each island.
       2. Additional planter islands shall be required one (1) for every one hundred (100) linear feet of parking to reduce the visual impact of the vast amount of asphalt in the parking lot.
       3. Parking area calculations shall include driveways to parking stalls.
   23. Maintenance. No Certificate of Occupancy shall be issued for any building on any portion of a development until the landscaping is in place or a bond, cash deposit, or equivalent, is deposited with the City conditioned on and guaranteeing the installation of all landscaping shown on the approved landscaped plan. Failure to maintain the landscaping shall be a violation of this chapter and enforceable as provided by law. All landscaped areas shall be maintained in a neat, clean, orderly and sightly condition. This shall include proper pruning, lawn mowing, weeding, removal of litter, fertilizing, replacing of dead plants and the regular watering of all plantings.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-2017-0015, Amended 05/23/2017; Ord. No. O-2019-0013, Amended 5/14/19; Ord. No. O-2019-0034, Amended 11/19/2019)

8. Signs.
   1. Signs in the PD-12 zone may be permitted as accessory uses in accordance with the provisions of CHAPTER 14 and the regulations contained in this subparagraph.

   Where the requirements herein are more restrictive than CHAPTER 14, the requirements set forth herein shall govern.

   2. Only Freestanding, Low Profile and Wall signs are permitted.
   3. When electrical service is provided to freestanding signs or low profile signs, all such electrical service shall be underground.
   4. Freestanding signs shall comply with the following requirements with respect to size, height and location:

1. 5. Low Profile signs shall not be located closer than 10 feet to any public street, driveway or area of cross-easement.
   6. No freestanding or low profile sign shall be built within fifteen (15) feet of any interior side lot line.
   7. Freestanding signs shall not be permitted on 1200 South and 1400 South Streets.

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

9. Site Plans.
   1. Any development within this PD-12 zone shall receive Planning Commission approval on all site plans and site plan amendments.
   2. Any development within the PD-12 zone shall be subject to review and approval by the Redevelopment Agency of the City of Orem. Developments located within a redevelopment project area must comply with the Final Redevelopment Plans (#85-03-A) and (#85-03-B) as adopted by the City of Orem.

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

10. Time Period for completion of improvements. The improvements as shown on an approved site plan shall be started within a period of twelve (12) months after such plan is approved by the City, and shall be completed and ready for occupancy within a period of twenty-four (24) months from the date the permit is issued. Extensions of time may be granted for a site plan by the City up to twelve (12) additional months.

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

11. Other Documents required to be submitted with a Final Development Plan.
    1. Agreements. Copies of any agreements with property owners adjacent to the proposed development or any other person, which may be required to effectuate the proposed development, shall be submitted with the final development plan.
    2. Covenants, conditions and restrictions. Copies of any applicable covenants, conditions and restrictions shall be submitted with the final development plan.

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

Effective on: 5/14/2019

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

2. Permitted Uses. The following shall be permitted uses within the PD-13 zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Conditional Uses. The following uses shall be required to obtain a conditional use permit in the PD-13 zone:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Prohibited Uses. Any use not specifically listed in subparagraphs (B) and (C) above shall be prohibited in the PD-13 zone.

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

5. Zone Development Standards. In areas where the PD-13 zone does not have specific regulations, the requirements for C2 shall govern.
   1. Setbacks. The minimum side and rear yard setback shall be twenty-five feet (25') when adjoining property zoned is residential.
   2. Structure Heights. Building height is restricted to a maximum of thirty-five feet (35') exclusive of roof mounted mechanical equipment. All roof mounted equipment shall be enclosed and screened from view.
   3. Hours of Operation. It shall be unlawful to operate any business within the PD-13 zone between the hours of 11:00 p.m. and 6:00 a.m. It shall be unlawful to load, unload, or operate any delivery vehicle including its refrigeration units or motors within the PD-13 zone between the hours of 10:00 p.m. and 7:00 a.m.
   4. Signs. Signs within the PD-13 zone shall follow the provisions of the Sign Ordinance or the provisions of this Section, whichever are more restrictive.
      1. Permitted Signs. The Zoning Administrator may grant the approval of the following permitted signs.
         1. (1) Facia Signs
         2. (2) Freestanding Signs
         3. (3) Governmental Signs
         4. (4) Holiday Signs
         5. (5) Interior Signs
         6. (6) Low Profile Signs
         7. (7) Master Identification Signs
         8. (8) Name Plates
         9. (9) Real Estate Signs
         10. (10) Window Signs
         11. (11) Wall Signs facing 400 South Street or Orem Boulevard only.
      2. The following signs are prohibited in the PD-13 zone:
         1. (1) Banner Signs
         2. (2) Billboards
         3. (3) Electronic Message Signs
         4. (4) Mobile Signs
         5. (5) Projecting Signs
         6. (6) Roof Signs
         7. (7) Rotating/Revolving Signs
         8. (8) Temporary Signs
         9. (9) Wall Signs, except those permitted in Section 22-11-25(E)(4)(a)
         10. (10) Youth Activity Sponsor Signs
      3. The maximum number of freestanding signs in the zone shall be one (1), of which the maximum area of the sign shall not exceed one hundred (100) square feet and the maximum height shall not exceed twenty feet (20'). The freestanding sign shall not be located closer than twenty feet (20') to any dedicated street. The sign shall be used primarily as shopping center identification and secondarily as a master identification sign. It shall be unlawful to erect the sign without first obtaining approval from the Zoning Administrator.
      4. The maximum number of low profile signs on any parcel shall be two (2).

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

Effective on: 1/1/1901

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Additional Regulations. Refer to the following Articles for additional regulations:
   1. Article IV, Conditional Use Permits.
   2. Article XIV, Supplementary Regulations.
   3. Article XV, Off-street Parking.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Zone Boundary. The boundaries of the PD-14 Zone are designed on the Zoning Map of the City of Orem, Utah.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Permitted Uses. Residential dwellings and associated accessory uses and structures shall be permitted uses in the PD-14 Zone.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Conditional Uses. A property owner shall obtain a conditional use permit for any accessory structure that is one thousand (1,000) square feet in area or greater and/or twenty-four feet (24') above finished grade. A property owner requesting a bubble type covering or enclosure for recreational facilities shall obtain a conditional use permit from the City Council prior to its erection.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Prohibited Uses. Any use not listed in subsections (D) and (E) above are prohibited.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Residential Square Footage. The minimum square footage for residential dwellings in the PD-14 Zone shall be two thousand two hundred (2,200) square feet of finished floor area above grade for a single story dwelling, and three thousand (3,000) square feet above grade for multiple story dwellings. The required square footage is exclusive of open porches and garages.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Building Heights.
   1. Residential dwellings shall not exceed forty-three feet (43') in height above the average grade of earth at the foundation wall.
   2. Accessory buildings/structures other than guest homes shall not exceed twenty-four feet (24') in height.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0017, Amended 05/13/2014)

9. Residential Setbacks. The minimum setbacks for residential dwellings shall be as follows:
   1. Front and side facing a dedicated street: 42 feet from the back of the curb.
   2. Rear: 30 feet.
   3. Side: 20 feet.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

10. Accessory Building Setbacks. The minimum setbacks for accessory buildings shall be as follows:
    1. Front facing a dedicated street: 42 feet from the back of curb.
    2. Side facing a dedicated street: 25 feet from the back of curb.
    3. Rear and side not adjacent to a street: 10 feet. For accessory building or structures requiring a conditional use permit the City Council may require greater setback distances for rear and side yards.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-04-0040, Amended, 9/14/2004; Ord. No. O-2012-0016, Amended June 12, 2012)

11. Guest House. A guest house is a particular type of accessory building and shall be placed on the same lot as the primary structure. One guest house per lot may be permitted, and each of the following shall apply:
    1. The guest house shall be of the same architectural design and materials as the main residential dwelling.
    2. The guest house shall be no smaller than one thousand (1,000) square feet.
    3. The guest house shall not be sold or rented separately from the main residence.
    4. A property owners shall obtain a conditional use permit for a guest house prior to its erection.
    5. A guest house shall not exceed forty-three feet (43’) in height above the average grade of the earth at the foundation wall.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0017, Amended May 13, 2014)

12. Fences.
    1. A fence with a maximum height of eight feet (8') may be placed within the front yard setback, but shall not be located closer than twenty-nine feet (29') to the back of curb in the dedicated street.
    2. A fence with a maximum height of eight feet (8') may be placed within the side yard setback facing a dedicated street, but shall not be located closer than fourteen feet (14') to the back of curb in the dedicated street.
    3. Fences at street intersections shall not violate Section 22-14-10, Clear Vision Area, of this Chapter.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Additional Requirements.
    1. The total footprint area of all accessory buildings/structures shall not exceed thirty-three percent (33%) of the area of the parcel on which they are located.
    2. In areas where the PD-14 zone does not have specific requirements, the requirements of the R8 zone shall apply.

(Ord. No. 685, Enacted, 03/26/1991; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0014, Amended 05/13/2014)

Effective on: 1/1/1901

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

2. Concept Plan.
   1. The Concept Plan included herein as Appendix G designates in general terms the proportions, locations, and types of uses to be developed within the PD-15 zone and shall guide site layout and development within the zone. The Concept Plan shows generally where the golf course, open spaces, public parks, and residential developments shall be located. Prior to final approval of any development within the zone, the City shall verify that the project follows the general layout of the Concept Plan. No request for development within the PD-15 zone shall be approved which, in the opinion of the City, significantly differs from the Concept Plan. The City may amend the Concept Plan by following the requirements of Section 22-1-5 of this Chapter. The Concept Plan shall be considered the Preliminary Development Plan referred to in Section 22-11-3(B) of this Chapter. Appendix G is incorporated herein by reference and is made a part of this Section 22-11-27.
   2. Before any final plat may be recorded for any property located in either Areas “A” or “B” as shown on Appendix G, a preliminary plat must be approved for the entire Area “A” or “B” respectively. Before a site plan may be approved in any area identified as Area “C”, an area Concept Plan for the entire Area “C” containing the site plan must be approved by the City Council. The area Concept Plan shall show the general location of roads, building footprints, areas of open space, and the general design and type of structures and residences.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

3. Size. The minimum acreage of the PD-15 zone shall be one hundred fifty (150) acres. Any single development of residential uses shall be a minimum of five (5) contiguous acres.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

4. Permitted Uses. The uses listed below shall be permitted uses within the PD-15 Zone (the standard land uses 6XXX listed below shall only be permitted in the clubhouse)

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003; Ord. No. O-07-0009, Amended 01/23/2007; Ord. No. O-2014-0002, Amended 01/14/2014)

5. Conditional Uses. Any request for a conditional use permit approval shall be subject to the requirements of Article 22-4 of the Orem City Code. The uses listed below shall be required to obtain a conditional use permit within the PD-15 zone:

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

6. Prohibited uses. Any use not specifically listed in subparagraph (D) or (E) above shall be prohibited.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

7. Order of Approval.
   1. A streets master plan shall be submitted by the applicant and must be accepted by the City Engineer, prior to application for any site plan or subdivision plat in the PD-15 zone. The master plan shall reflect the findings of a traffic study prepared by an independent, professional traffic engineer, and shall show what traffic mitigation measures may be necessary for the zone. The City Council may impose traffic mitigation requirements based on this or other traffic studies. This study shall consider off-site traffic impacts within an area of at least one (1) mile from the outside boundaries of the development.
   2. A site plan for the Golf Course must be approved in accordance with the requirements of this Section prior to application for any residential site plan or subdivision plat.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0051, Amended, 11/13/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

8. Site Plan and Subdivision Plat Submittals.
   1. An approved site plan shall be required prior to the development or construction of any nonresidential use or any attached dwelling units. An approved preliminary and final plat shall be required prior to any development in the PD-15 zone. No application shall be considered submitted until all requirements for the site plan or plat are completed and accepted by the City.
   2. Any application shall include all necessary fees and documentation required by this ordinance. The site plan shall be reviewed by the Development Review Committee. The final approving authority for all PD-15 site plans shall be the City Council. The Planning Commission shall be the final approving authority for any preliminary plat.
   3. The application for a final plat in the PD-15 zone shall be prepared by the developer's surveyor and engineer and shall be submitted to the City, together with the required fees. The final plat shall be considered the Final Development Plan referred to in Section 22-11-10 of this Chapter.
   4. The City Engineer is the final approving authority for final plats and shall approve the application request if it meets the requirements of the site plan and/or preliminary plat and all applicable City ordinances. For developments in which a site plan is required, the final plat shall not be approved until the site plan has been approved by the City Council.
   5. Failure to submit a final plat within one (1) year of the date of approval of the site plan shall terminate all proceedings and render approval of the site plan null and void. The final plat shall expire and be void one (1) year after approval by the City Engineer, unless the final plat has been recorded in the Office of the Utah County Recorder.
   6. No development, construction, revisions, or additions shall take place on a site until the site plan (if required) has been approved by the City Council, the final plat has been recorded, the necessary bonds have been posted, and the appropriate permits have been obtained.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

9. Contents of Site plan. Except as otherwise specifically provided herein, the provisions of Section 22-14-20 shall apply to all site plans in the PD-15 zone. The following additional items shall also be submitted as part of or concurrent with a site plan in the PD-15 zone:
   1. A detailed landscape plan prepared by a landscape architect licensed to practice in Utah showing the specific types and locations of landscaping.
   2. Drawings of proposed structure elevations, including covered parking, showing the height, dimensions, appearance and materials proposed.
   3. The location of consolidated open space.
   4. A traffic analysis as required by Section 22-11-27(G)(1) of this Chapter.
   5. A traffic circulation plan showing that development of the site will not hinder coordinated development of adjacent undeveloped land or land to be redeveloped as part of the Project.
   6. Dwellings and other structures, parks, playgrounds, common areas and facilities, limited common areas, private areas and facilities, and other improvements within the development.
   7. Basic floor plans for all buildings within the development.
   8. A security lighting plan.
   9. A soils study as required by Section 22-11-27(O)(9) of this Chapter.
   10. A summary of the neighborhood meeting stating: a) who was noticed; b) how notice was given; c) who attended; d) location of the meeting; e) concerns raised by neighbors; and f) issues discussed.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

10. Site Plan Review and Approval.
    1. The following procedure must be followed to obtain site plan approval:
       1. Development Review Committee. The Department of Development Services shall forward the proposed site plan to the Development Review Committee for initial review. The Development Review Committee shall review the site plan while considering whether it complies with the Orem General Plan and all City ordinances, resolutions, and policies. The site plan shall not be forwarded to the Planning Commission unless it complies with the Orem General Plan and all City ordinances, resolutions, and policies.
       2. Planning Commission. The Planning Commission shall review the site plan and make recommendations to the City Council.
       3. City Council. The City Council shall be the final approving authority for all site plans in the PD-15 zone and shall have the power to approve, approve with conditions, or deny a proposed site plan .
    2. The Planning Commission and the City Council shall consider the following items when reviewing a site plan in the PD-15 zone:
       1. Whether the proposed site plan complies with all City ordinances, resolutions, and policies.
       2. Whether the proposed site plan promotes the health, safety and welfare of the community. In making this determination, the Planning Commission and the City Council shall consider, among other things, the overall safety of the site, the impact that the site will have on traffic, the impact the site will have on surrounding properties, and the adequacy of police, fire and utility service that can be provided for the site.
    3. A site plan may be amended according to the procedures set forth in Section 22-14-20.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

11. Building Permits. No building permit shall be issued for any project for which a site plan or amended site plan is required, until the site plan or amended site plan has been approved by the appropriate authority.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

12. Completion of Improvements. All public improvements shown on an approved site plan shall be completed within one year of the date of approval or recording of the final plat, whichever is later, or at such earlier time as the approving body may designate. If the improvements are not completed within the time specified, the City shall have the option of taking action on the bond to complete the improvements, or of voiding the approval. An applicant may request an extension for the completion of improvements of up to one (1) year from the Planning Commission. An extension of one year may be granted only if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

13. Completion and Maintenance of Site. Every development shall conform to an approved site plan, an amended site plan, and a final plat. No structures or improvements may be added to a development for which a site plan is required unless such structures and improvements are included on the approved site plan. All improvements shown on the approved site plan shall be maintained in a neat and attractive manner. Failure to complete or maintain a PD-15 development in accordance with this Chapter, an approved site plan or an approved plat shall be a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceedings against any person, firm or corporation, whether acting as principal, agent, property owner, lessee, tenant, employee or otherwise, for failure to complete or maintain a PD-15 development in accordance with this Chapter, an approved site plan or an approved plat.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

14. Final Plat.
    1. Except as otherwise specifically provided herein, the provisions of CHAPTER 17 of the Orem City Code shall apply to all plats in the PD-15 zone. Final plats shall also contain the following information:
       1. A designation of common areas, limited common areas, and private ownership areas.
       2. For condominiums, three dimensional drawings of buildings and building elevations. In the case where the PD-15 development is a condominium project, the developer shall submit a written statement by an attorney who is licensed to practice in Utah. This written statement shall be the attorney's opinion that the condominium declaration, the subdivision plat and the other supporting documentation comply in all respects with the Utah Condominium Ownership Act (UCA Sec. 57-8-1, et seq.) as well as all applicable federal, state and local laws and ordinances and that when the condominium declaration and final plat have been recorded in the office of the Utah County Recorder that the proposed project will be a validly existing and lawful condominium project in all respects.
       3. Written copies of any required agreements with property owners adjacent to the proposed PD-15 development, or with any other person.
       4. Written approval of adjoining ditch or canal companies authorizing mandatory fencing or piping of ditches or canals.
       5. Plat restrictions, lot restrictions, and other information required by the Planning Commission or Director of Development Services.
    2. The City Engineer shall approve a final plat in the PD-15 zone provided he finds:
       1. That all of the improvements and conditions of the approved site plan (if required) have been incorporated into the final plat.
       2. That all construction drawings of the PD-15 development have been approved by the City Engineer.
    3. The final plat shall be recorded by the City after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the Public Works Department.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

15. Development Standards and Requirements. The following development standards and requirements shall apply in the PD-15 zone.
    1. Development Areas.

       Residential development shall be allowed only in the areas designated in Appendix G as an Area A, B or C. The standards and requirements applicable to residential development in these areas are as follows:

    Area A: Only detached dwelling units are allowed. The minimum lot size shall be 10,000 square feet. Except as specified herein, all other standards shall be those of the R8 zone.

    Area B: The following standards shall apply in Area B:

    1. Only detached dwelling units are allowed.
    2. All lots shall be at least 6,600 square feet. The average lot size of all lots in Area B shall be 7,200 square feet.
    3. An attached garage shall be set back at least twenty (20) feet from the front lot line. All other portions of the primary structure shall be set back at least twenty-five (25) feet from the front lot line.
    4. Each side yard setback shall be at least seven (7) feet and the total of both side yard setbacks shall be at least fourteen (14) feet.
    5. No part of a primary structure shall be located closer than twenty-five (25) feet from the rear lot line. Except however, when a lot abuts either designated open space, golf course property, or any other lot within the PD-15 zone, the rear yard setback may be reduced to a minimum of fourteen (14) feet from the rear lot line. For any lot abutting either designated open space, golf course property, or any other lot within the PD-15 zone, the average setback distance between the rear property line and all points of the building’s rear walls shall be at least twenty (20) feet. EXCEPTION: Covered decks and patios and decks higher than eighteen inches above grade, covered or uncovered, may encroach into the required rear yard setback no more than six (6) feet, however, this exception does not apply when the property adjacent to the rear lot line is not part of the PD-15 zone.
    6. The minimum lot width shall be sixty (60) feet.
    7. Except as specified herein, all other standards shall be those of the R6.5 zone.

    Areas C: The following standards shall apply in Area C:

    1. Attached dwelling units are permitted at a maximum density of eight (8) dwelling units per acre. Streams, fountains and twenty-five (25) percent of the area of ponds located on private property may be used in determining density and open space when included as part of the general landscape plan for the development. No property that is part of any golf course, public road, wetland, or public park, shall be considered when determining density or open space. For example, a parcel containing ten (10) acres, three (3) of which are wetlands, shall have a maximum density of fifty-six (56) ([10 3] x 8=56) dwellings.
    2. Except as otherwise specified herein, the standards and requirements of Article 22-7 (Planned Residential Developments) shall apply to any development in an Area C that contains attached dwelling units.
    3. Detached dwelling units may also be developed in any Area C under the same standards applicable to development in Area B.
    4. Porches and decks and roofs covering porches and decks may project up to eight (8) feet into the required front or rear setback* when such porch or deck is adjacent to a public street or any property not part of the PD-15 zone. Roofs over a stairwell accessing a basement level and located on the side of a dwelling shall be set back a minimum of fifteen (15) feet from the sidewalk on a public or private right-of-way.

    *Decks shall not encroach into the front setback.

    5. Height. The maximum height for all structures in a PD-15 development shall be thirty-five feet (35'). However, the maximum height of the golf course clubhouse facility shall be sixty-five (65) feet exclusive of any appurtenant equipment. All residential development shall be a maximum of two stories above grade.
    2. Minimum Area. The minimum area required for any residential development within the PD-15 zone shall be five (5) contiguous acres. Any preliminary plat for residential development shall have a minimum area of at least five (5) contiguous acres.
    3. Setbacks. All dwellings shall be set back a minimum of thirty feet (30’) from property not part of the PD 15 zone. All dwellings shall be set back a minimum of thirty feet (30’) from all public streets that have a current or estimated future average daily traffic count (ADT) of 800 or greater. All dwellings shall be set back a minimum of twenty-five feet (25’) from all public streets that have an estimated ADT of less than 800. The estimated future ADT of a street must be based on the maximum future usage as calculated by a traffic engineering study approved by the City. All parking spaces (other than those located on a driveway serving an individual dwelling unit) and private drive lanes shall be set back a minimum of twenty-five (25) feet from any public street. All setbacks adjacent to a street in developments containing attached units or nonresidential uses shall be landscaped and bermed to partially screen development behind the setback areas. All buildings and structures shall be set back a minimum of twenty feet (20') from a private street or driveway that serves more than one (1) dwelling.
    4. Utilities. All dwellings shall be served by the public sewer system and public water supply. All utilities shall be placed underground. No water or sewer lines shall be placed under covered parking areas.
    5. Fences. Fencing around a residential development within the PD-15 zone is not required. Any fence construction shall conform to the standards of Section 22-14-19 of this Chapter. If sight-obscuring fencing materials are used, the developer shall paint the sight obscuring materials with a high-grade oil base paint/sealant or other paint/sealant approved by the City that resists graffiti. No chain-link or sight-obscuring fence shall be permitted on any side or rear yard adjacent to the Golf Course .
    6. Landscaping. A landscaping plan shall be submitted to the City for approval as a part of the site plan for any phase of residential development that contains attached units and/or condominiums. All landscaping requirements contained within any such phase shall be completed within ninety (90) days of completion of the building construction within that phase. In the event that the building is completed between October 15 and March 15, completion of the landscaping may be delayed until the next June 15 following said March 15 date.
       1. All land within the PD-15 zone not covered by buildings, roads, driveways, sidewalks, and parking areas, shall be permanently landscaped and maintained in accordance with good landscaping practice. A permanent underground sprinkling system shall be installed for all landscaped areas.
       2. At least fifty percent (50%) of the net acreage of any attached unit development shall remain in permanently landscaped areas.
       3. For every two dwellings, there shall be required on the proposed site at least one (1) deciduous tree of at least two inch (2”) caliper measured four feet (4') above the ground and at least eight feet (8') in height when planted, one (1) evergreen tree at least seven feet (7’) in height, and sixteen (16) evergreen type shrubs at least five (5) gallons in size.
    7. Lighting Plan. All PD-15 site plans shall include a lighting plan. The lighting plan shall be designed to:
       1. Discourage crime;
       2. Enhance the safety of the residents and guests of the PD-15 development;
       3. Prevent glare onto adjacent properties; and
       4. Enhance the appearance and design of the project.

    For PD-15 developments with a homeowners' associations, the lighting shall be designed in such a way as to give control of the lighting operation to the homeowners' association.

    8. Soils Report. A soils report prepared by a soils engineer shall be submitted to provide engineering information to determine special engineering needs of the site. All development shall be slab on grade unless a soils engineer determines that basements can be developed without present or future ground water problems and the City Engineer concurs in the analysis. Ground water drains shall be required if any part of a dwelling’s habitable floor level is below grade.
    9. Parking. Attached dwelling units shall be provided with not less than two (2) parking spaces each, both of which shall be in a garage attached to the dwelling the parking is to serve. In addition, one half (½) parking space for each dwelling shall be developed for guest parking within any attached unit development. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces shall measure at least nine feet (9') by eighteen feet (18’). All parking spaces, parking areas, and driveways shall be paved with asphalt and/or concrete and shall be properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways. All covered parking structures shall be designed with the same architecture as the main structures within the PD-15 development.
    10. Recreational Vehicle (RV) Storage. No recreational vehicle shall be parked or stored within a PD-15 development except in an enclosed garage or in an area approved by the City Council as part of the site plan for the storage of recreational vehicles. This requirement, with appropriate enforcement provisions, shall be included in all Covenants, Conditions and Restrictions that run with the property; homeowner association bylaws, leases, rental agreements, etc. RV storage areas shall be enclosed with a six-foot (6') high sight-obscuring fence and shall be paved with concrete or asphalt.
    11. Streets.
        1. All through streets shall be public streets and shall meet the requirements set forth in Section 17-7-7 of the Orem City Code. The City Engineer shall determine what a through street is, based on nationally recognized standards.
        2. All streets that are shown on the Orem City Master Street Plan shall be developed according to the size and general location shown on the Street Plan.
        3. Private streets shall:
           1. (1) Have a minimum pavement width of twenty-eight feet (28');
           2. (2) Have concrete curb and gutter on both sides of the street;
           3. (3) Be designed and constructed to City standards and specifications;
           4. (4) Have a concrete sidewalk on at least one side of the street;
           5. (5) Include a public utility easement in favor of the City on the entire width of the street; and
           6. (6) Have "No Parking" signs installed on both sides of the street if the street has less than thirty-four feet (34’) of paving.
           7. (7) Only private streets may be gated and the gates shall:
              1. (a) Remain open between the hours of 5:00 a.m. and 12:00 a.m.;
              2. (b) Be set back at least forty feet (40') from the right of way line of any intersecting public street to allow safe queuing at the gate;
              3. (c) Have a minimum width at least as wide as the private street from gutter to gutter;
              4. (d) One project identification sign may be placed in a roundabout within a public right-of-way. Any development located within three hundred (300) feet of a roundabout shall be eligible to apply to install a sign identifying the development within the roundabout. A permit for such a sign shall be issued to the first qualified applicant. As a condition of receiving the permit, the applicant/owner of the development that is identified on the sign shall enter into an agreement with the City of Orem regarding liability, landscaping, safety and design, and shall maintain the signage and landscaping within the public roundabout right-of-way. The sign shall be in harmony with the roundabout landscaping.
              5. (e) Either a swinging or sliding type, however if a swinging type gate is used it shall swing away from the dedicated street and into the development.
    12. Floor Plans. For any development containing attached residential dwellings, the developer shall submit floor plans for each type of residential dwelling proposed for such development. The developer is encouraged to provide a variety of floor plans to ensure a good mix of dwelling types. Attached residential units shall not be designed in such a way as to have one unit above another unit.
    13. Off-site Improvements. Off-site curb, gutter and sidewalk along street rights-of-way bordering the site may be required by the City when safety or surface water drainage is impaired as a result of development in the PD-15 zone.
    14. Irrigation Ditches. Irrigation ditches within a PD-15 development or along street rights-of-way adjacent to a PD-15 development shall be piped.
    15. Storage Areas and Solid Waste Receptacles. All outside storage areas, except for RV storage areas, and solid waste receptacles which are not located within a building shall be enclosed on three sides with the same materials as used on the exterior of the main structures within the PD-15 development.
    16. Exterior Finishing Materials. All dwellings within the PD-15 zone shall have at least sixty-five (65) percent of each exterior wall finished with brick, stone, stucco, wood siding or a combination thereof. Vinyl siding is not allowed. Metal or vinyl soffits and trims are permitted and do not count in the percentages required above.
    17. Neighborhood Meeting. The applicant for any PD-15 development shall conduct at least one (1) neighborhood meeting to explain the proposed development and to address all neighborhood concerns. Written notice shall be given by the applicant to all residents within the PD-15 zone, all residents within the Springwater Park Subdivision, the Vineyard Neighborhood Community chair and vice-chair, and the Neighborhood Organization Specialist of the City of Orem. The applicant shall deliver notice of the meeting at least one (1) week prior to the date of the meeting. Phone calls or informal door-to-door contacts are not considered neighborhood meetings. Such meeting(s) shall be accomplished prior to the site plan being submitted to the City. The application for site plan approval shall include a list of all individuals who were notified, a roster of attendees at the meeting, and a copy of the minutes from the neighborhood meeting.
    18. Homeowner's Association. Every residential condominium development or residential development that has property in common or private streets, shall establish a homeowners' association for the purpose of maintaining the development. The homeowners’ association as well as the individual property owners and tenants shall be responsible to maintain the site in accordance with the approved site plan.
    19. Slopes. Any slope greater than twenty percent (20%) may be used as landscape area, but shall not be included in open space calculation requirements.
    20. Consolidation of Open Spaces. Each residential development that contains attached units shall include at least one open space in the 50% landscaping requirement. An open space is a single, contiguous landscaped area that may also include recreational facilities such as playground equipment, basketball or tennis court, swimming pool, etc. The required open space shall include at least four hundred (400) square feet for each attached dwelling in the development. The open space shall be landscaped and designed as a recreational area for both children and adults. Without describing the exact configuration of the open space, the open space shall be conducive to recreation and relaxation and shall be designed so that a horizontal rectangle inscribed within it has no dimension less than forty feet (40'). A long narrow strip shall not qualify as an open space. The open space must be approved as part of the site plan.
    21. Storm Water Runoff Plan. All PD-15 developments shall have a storm water runoff plan designed to accommodate a 50-year storm. No storm water runoff shall discharge directly into Clegg's Pond.
    22. Phasing. Phasing may be used as long as each phase meets the requirements of the ordinance and all Amenities such as clubhouse, tennis courts, etc. are included in the first phase. All required open space and Amenities that are part of a residential development shall be bonded for in the first phase of development.
    23. Architectural Design. The architectural design of all dwellings in the PD-15 zone shall substantially conform to the designs contained in Appendix G.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-99-0036, Amended, 08/24/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0051, Amended, 11/13/2001; Ord. No. O-03-0007, Amended, 03/25/2003; Ord. No. O-03-0026, Amended, 08/05/2003; Ord. No. O-05-0016, Amended, 5/24/2005; Ord. No. O-05-0034, Amended, 10/11/2005; Ord. No. O-06-0028; Ord. No. O-06-0029, Amended 11/14/2006; Ord. No. O-07-0004, Amended 01/22/2008;Ord. No. O-08-0022, 22-11-27(O)(12)(d) Enacted 09/09/2008; Ord. No. O-2010-0020, Amended 07/13/2010; Ord. No. O-2011-0013, Amended 05/24/2011; Ord. No. O-2019-0013, Amended 5/14/19)

16. Bonds.
    1. Purpose. Prior to the recording of any documents concerning an approved development in the PD-15 zone and prior to the issuance of any building permit for development in the PD-15 zone, a bond sufficient in amount to cover the cost of all public improvements, landscaping including sprinkling system, asphalt, curb, gutter, sidewalk, fencing, piping of irrigation ditches, play areas, pavilions, swimming pools, tennis courts, recreational areas, picnic areas and club house shall be required. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within one (1) year of recordation of the approved final plat. The bond shall also ensure that the public improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer, and shall not be released until the improvements are accepted by the City. Said bond shall be in the form prescribed by CHAPTER 17 of the Orem City Code.
    2. Type. The bond shall be an irrevocable letter of credit, escrow bond, cash bond or combination bond in favor of the City. The requirements relating to each of these types of bonds are found in Section 17-6-6 of the Orem City Code. The City reserves the right to reject any of the bond types if it has a rational basis for doing so. The bond shall be delivered to the Department of Development Services.
    3. Amount. The Director of Development Services or his designee shall determine the amount of the required bond by estimating the cost of completing the required improvements. The amount of the bond shall be at least one hundred ten percent (110%) of the estimated costs of the required improvements.
    4. Nonwaiver. This section does not waive the bonding, licensing, or permit requirements set forth in other City ordinances.
    5. No final plat shall be recorded until the developer of the PD-15 development has tendered the bond and entered into an agreement with the City in which the developer agrees to install the improvements as required by this Article and agrees to indemnify and hold the City harmless from any claims, suits or judgments arising from the condition of property dedicated to the City, from the time that the property is dedicated to the City to the time when the improvements on the dedicated property are finally accepted by the City (including the passage of the warranty period).
    6. If, for any reason, the funds or bonds set aside or provided for the guarantee of improvements are insufficient to properly complete the improvements, the developer shall be personally liable to complete the improvements required by this Section. If the developer is a corporation, the principal officers of the corporation shall be personally liable to complete the improvements.
    7. The bonds required by this Section are for the sole benefit of the City. The bonds are not for the individual benefit of any citizen or identifiable class of citizens, including the owners or purchasers of lots within the subdivision. The bonds are not for the purpose of ensuring payment of contractors, subcontractors or suppliers of labor or materials, and no contractors, subcontractors or suppliers of labor or materials shall have a cause of action against the City or the bond for providing labor or materials.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

17. Default Standards. Except as otherwise allowed or required in this Article, the provisions of the OS5 zone shall apply.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0007, Amended, 03/25/2003)

Effective on: 5/14/2019

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Size, Concept Plan. The minimum acreage of the PD-16 Zone shall be forty (40) acres. Any single development shall be a minimum of five (5) contiguous acres. The Concept Plan included herein as Appendix H designates in general terms the proportions, locations, and types of uses to be developed within the PD-16 zone and shall guide site layout and development within the zone. The Concept Plan shall be considered the Preliminary Development Plan referred to in Section 22-11-3(B) of this Chapter. The Concept Plan is divided into two areas, residential area #1 and residential area #2. Before a residential site plan may be approved in residential area #1 or #2, an area Concept Plan for residential area #1 or #2 (whichever contains the Proposed site plan) must be approved by the City Council. The residential area Concept Plan shall show the general location of roads, building footprints, areas of open space, and the general design and type of structures and residences.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Permitted Uses. Single family developments shall follow the standards of CHAPTER 17 of the Orem City Code. The uses listed below shall be permitted uses within the PD-16 Zone:

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Conditional Uses. Any request for Conditional use permit approval shall be subject to requirements of Article 22-4 of the Orem City Code. The uses listed below shall be required to obtain a conditional use permit within the PD-16 zone:

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-99-0042, Amended, 09/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-06-0026, Amended 11/14/2006)

5. Prohibited uses. Any use not specifically listed in subparagraphs (C) and (D) above shall be prohibited.

Except as provided in Section 22-6-9(C) of this Chapter, accessory apartments shall not be permitted within any attached dwelling.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Site Plan and Final Plat.
   1. Anyone desiring to develop within the PD-16 zone shall first submit an application for site plan approval. An application for a PD-16 zone site plan shall not be considered submitted until all requirements of the site plan are completed and accepted by the City.
   2. The application for a site plan shall include all necessary fees and documentation required by this ordinance. The site plan shall be reviewed by the Development Review Committee. The final approving authority for all PD-16 site plans shall be the City Council.
   3. The application for a final plat of all or part of the PD-16 shall be prepared by the developer's surveyor and engineer and be submitted to the City, together with the required fees.
   4. The Director of Public Works is the final approving authority for final plats and shall approve the application request if it meets the requirements of the site plan and all applicable City ordinances. The final plat shall not be approved until the site plan has been approved by the City Council.
   5. Failure to submit a final plat within one (1) year of the date of approval of the site plan shall terminate all proceedings and render approval of the site plan null and void. The final plat shall expire and be void one (1) year after approval by the Public Works Director, unless the final plat has been recorded in the Office of the Utah County Recorder.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Site Plan Submittal. The site plan shall be submitted to the Department of Development Services. The applicant shall pay a fee at the time the site plan is submitted, in an amount established by Resolution of the City Council. No development, construction, revisions, or additions shall take place on the site until the site plan has been approved by the City Council, the final plat has been recorded, the necessary bonds have been posted, and the appropriate permits have been obtained. Amended site plans shall follow the same procedure, pay the same fees, and contain the same development standards and requirements as a site plan.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Contents of Site plan. The site plan shall be a document consisting of one or more pages of maps and drawings drawn to scale. The applicant shall submit five (5) copies of the proposed site plan to the Department of Development Services. One of the copies shall be 8 ½" x 11", and the other four copies shall be at least 8 ½" x 11", but not larger than 24" x 36". The applicant shall also submit one computer aided design (CAD) drawing on a computer disk formatted and compatible with the City's computer system of each sheet of the site plan. The proposed site plan shall be drawn to a scale large enough to clearly show all details and in any case not smaller than sixty feet (60') to the inch. The site plan shall include the following items:
   1. Name of Development.
   2. Name of applicant.
   3. Name of owner of property.
   4. North arrow.
   5. Scale of drawing.
   6. Area of lot in square feet.
   7. Lot line dimensions.
   8. A vicinity map containing sufficient information to accurately locate the property shown on the plan.
   9. Tabulation table in the following format:

1. 10. Names and locations of fronting streets and locations and dimensions of public streets, private streets and driveways.
   11. Footprints of existing and proposed buildings and structures to include a notation of each dwelling's height above the grade.
   12. Location and size of existing and proposed sewer lines and manholes, storm drains and manholes, water supply main valves, water lines, culverts, and fire hydrants within the development and within two hundred (200) feet of the boundaries of the development.
   13. Location of existing and proposed fire protection devices.
   14. Location, dimensions, and distance to property lines of existing and proposed drive access.
   15. Location and dimensions of existing and proposed curbs, gutters, and sidewalks.
   16. Location and dimension of off-street parking spaces.
   17. Location and type of surface water drainage system.
   18. Detailed landscape plan showing the specific types and locations of landscaping prepared by a landscape architect licensed to practice in Utah.
   19. Drawings of proposed structure elevations, including covered parking, showing the height, dimensions, appearance and materials proposed.
   20. Location and description (height, materials) of existing and proposed fences.
   21. Location and description (dimensions, distance to property lines and type of lighting (direct or indirect)) of existing and proposed signs.
   22. Location of consolidated open space.
   23. Location of solid waste disposal facilities.
   24. Traffic analysis as required by Section 22-11-28(N)(13) of this Chapter.
   25. Traffic circulation plan showing that development of the site will not hinder coordinated development of adjacent undeveloped land or land to be redeveloped as part of the site.
   26. Dwellings and other structures, parks, playgrounds, common areas and facilities, limited common areas, private areas and facilities, and other improvements within the development.
   27. Basic floor plans for all buildings within the development.
   28. A security lighting plan.
   29. Soils study as required by Section 22-11-28(N)(9)of this Chapter.
   30. Summary of the neighborhood meeting stating: a) who was noticed; b) how notice was given; c) who attended; d) location of the meeting; e) concerns raised by neighbors; and f) issues discussed.
   31. A contour map drawn at two foot intervals on all development plats, unless waived in writing by the Public Works Director.
   32. A residential area Concept Plan for the entire residential area as shown on Appendix H containing the proposed site plan.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Site Plan Review and Approval.
   1. The following procedure must be followed to obtain site plan approval:
      1. Development Review Committee. The Department of Development Services shall forward the proposed site plan to the Development Review Committee for initial review. The Development Review Committee shall review the site plan while considering whether it complies with the Orem General Plan and all City ordinances, resolutions, and policies. The site plan shall not be forwarded to the Planning Commission unless it complies with the Orem General Plan and all City ordinances, resolutions, and policies.
      2. Planning Commission. The Planning Commission shall review the site plan and make recommendations to the City Council.
      3. City Council. The City Council shall be the final approving authority for all site plans for the PD-16 zone forwarded by the Planning Commission and shall have the power to approve, approve with conditions, or deny a proposed site plan.
   2. The Planning Commission and the City Council shall consider the following items when reviewing a site plan for a PD-16 zone:
      1. Whether the proposed site plan complies with the City ordinances, resolutions, and policies.
      2. Whether the proposed site plan promotes the health, safety and welfare of the community. In making this determination, the Planning Commission and the City Council shall consider, among other things, the overall safety of the site, the impact that the site will have on traffic, the impact the site will have on surrounding properties, and the adequacy of police, fire and utility service that can be provided for the site.
   3. No element of any approved site plan or amended site plan shall be amended or changed without first following the procedure for approval of site plans.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

10. Building Permits. No building permit shall be issued for any project for which a site plan or amended site plan is required, until the site plan or amended site plan has been approved by the appropriate authority.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

11. Completion of Improvements. All public improvements shown on an approved site plan or amended site plan shall be completed within one year of the date of approval or recording of the final plat, whichever is later, or at such earlier time as the approving body may designate. If the improvements are not completed within the time specified, the City shall have the option of taking action on the bond to complete the improvements, or of voiding the approval. An applicant may request an extension for the completion of improvements of up to one (1) year from the Planning Commission. An extension of one year may be granted only if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

12. Completion and Maintenance of Site. Every site developed pursuant to this Article shall conform to the approved site plan or amended site plan. No structures or improvements may be added to the site that are not included on the approved site plan. All improvements shown on the approved site plan shall be maintained in a neat and attractive manner. Failure to complete or maintain the site in accordance with this Chapter and with the approved site plan shall be a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceedings against any person, firm or corporation, whether acting as principal, agent, property owner, lessee, tenant, employee or otherwise, for failure to complete or maintain the site in accordance with this Chapter and with the approved site plan.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Final Plat.
    1. The form and contents of the final plat shall be as required in Article 17-5 of the Orem City Code. The final plat shall be the Final Development Plan referred to in Section 22-11-10 of this Chapter. The final plat shall also contain the following information:
       1. A designation of common areas, limited common areas, and private ownership areas.
       2. For condominiums, three dimensional drawings of buildings and building elevations. In the case where the PD-16 development is a condominium project, the developer shall submit a written statement by an attorney who is licensed to practice in Utah. This written statement shall be the attorney's opinion that the condominium declaration, the subdivision plat and the other supporting documentation comply in all respects with the Utah Condominium Ownership Act (UCA Sec. 57-8-1, et seq.) as well as all applicable federal, state and local laws and ordinances and that when the condominium declaration and final plat have been recorded in the office of the Utah County Recorder that the proposed project will be a validly existing and lawful condominium project in all respects.
       3. Written copies of any required agreements with property owners adjacent to the proposed PD-16 development, or with any other person.
       4. Written approval of adjoining ditch or canal companies authorizing mandatory fencing or piping of ditches or canals.
       5. Plat restrictions, lot restrictions, and other information required by the City Council or Director of Public Works.
    2. The Director of Public Works shall approve final plats within the PD-16 zone provided he finds:
       1. That all of the improvements and conditions of the approved site plan have been incorporated into the final plat.
       2. That all construction drawings of the PD-16 development have been approved by the City Engineer.
    3. The final plat shall be recorded by the City after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the Public Works Department.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

14. Development Standards and Requirements. The following development standards and requirements shall be required with all PD-16 developments.
    1. Density. The maximum density allowed shall be fifteen (15)dwellings per acre on the fifteen (15) acre portion designated on Appendix H and twelve (12) dwellings per acre on the twenty-five (25) acre portion designated on Appendix H.
    2. Height. The maximum height for all structures in a PD-16 development shall be thirty-five feet (35'). All residential development shall be a maximum of two stories.
    3. Minimum Area. Any site plan for residential development shall have a minimum area of at least five (5) contiguous acres.
    4. Setbacks. All dwellings shall be set back a minimum of thirty (30) feet from property not part of the PD-16 zone and from all public streets. All parking spaces and drives shall be set back a minimum of twenty (20) feet from any public street. All setbacks shall be landscaped and bermed to partially screen development behind the setback areas. All buildings and structures shall be set back a minimum of twenty feet (20') from a private street or driveway that serves more than one (1) dwelling .
    5. Utilities. All dwellings shall be served by the public sewer system and public water supply. All utilities shall be placed underground. No water or sewer lines shall be placed under covered parking areas.
    6. Fences. A fence with a minimum height of six feet (6') shall be erected on the perimeter of all PD-16 development projects, except that no fence shall be required along street frontages. However, if a fence is desired along a street frontage, the City Council may approve the fence upon a favorable recommendation from the City Traffic Engineer. The purpose of the fencing requirement is to buffer the residential neighborhoods from surrounding commercial and manufacturing uses. The City Council may waive the fencing requirement if the topography is such that the fence does not meet the intent of this ordinance. The City Council may approve a "living fence"( a fence comprised of hedges and/or bushes closely spaced to provide a barrier) as part of a residential site plan and may require additional landscaping to be placed along proposed fences to reduce negative impacts and to minimize graffiti. If sight obscuring materials are used, the developer shall paint the sight obscuring materials with a high grade oil base paint/sealant or with a paint/sealant approved by the City that resists graffiti.
    7. Landscaping. A landscaping plan shall be submitted to the City for approval as a part of the site plan for any phase of residential development. All landscaping requirements within the limits of any phase shall be completed within ninety (90) days of completion of the building construction within that phase. In the event that the building is completed between October 15 and March 15, completion of the landscaping may be delayed until the next June 15 following said March 15 date.
       1. All land within the PD-16 development not covered by buildings, driveways, sidewalks, and parking areas, shall be permanently landscaped and maintained in accordance with good landscaping practice. A permanent underground sprinkling system shall be installed for all landscaped areas.
       2. At least fifty percent (50%) of the net acreage of the entire development shall remain in permanently landscaped areas.
       3. For every two dwellings there shall be required on the site at least one (1) deciduous tree at least two (2) inch caliper measured four feet (4') above the ground, one (1) evergreen tree at least seven (7) feet in height, and sixteen (16) evergreen type shrubs at least five (5) gallons in size.
    8. Lighting Plan. All PD-16 developments shall include a lighting plan. The lighting plan shall be designed to:
       1. discourage crime;
       2. enhance the safety of the residents and guests of the PD-16 development;
       3. prevent glare onto adjacent properties; and
       4. enhance the appearance and design of the project.
    9. For PD-16 developments with home owners' associations, the lighting shall be designed in such a way as to give control of the lighting operation to the home owners' association.
    9. Soils Report. A soils report prepared by a soils engineer shall be submitted to provide engineering information to determine special engineering needs of the site. All development shall be slab on grade unless a soils engineer determines that basements can be developed without present or future ground water problems and the City Engineer concurs in the analysis. Ground water drains shall be required if any part of a dwelling's habitable floor level is below grade.
    10. Parking. Each dwelling shall be provided with not less than two (2) parking spaces, one of which shall be covered. In addition, one half (½) parking space for each dwelling shall be developed for guest parking within the development. Guest parking shall be located within one hundred fifty feet (150') of the dwellings served. All parking spaces shall measure at least nine feet (9') by eighteen feet (18'). All parking spaces, parking areas, and driveways shall be paved with asphalt and/or concrete and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walk ways. All covered parking structures shall be designed with the same architecture as the main structures within the PD-16 development. No covered parking stall shall be adjacent to the one hundred (100) foot buffer strip along the south and west property lines. This requirement does not apply to enclosed garages.
    11. Recreational Vehicle (RV) Storage. No recreational vehicle shall be parked or stored within a PD-16 development except in an area approved by the City Council as part of the site plan for the storage of recreational vehicles. This requirement, with appropriate enforcement provisions, shall be included in all Covenants, Conditions and Restrictions that run with the property; homeowner association bylaws, leases, rental agreements, etc. RV storage areas shall be enclosed with a six foot (6') high sight obscuring fence and shall be paved with concrete or asphalt.
    12. Streets.
        1. All through streets within a PD-16 development shall be public streets and meet the requirements set forth in Section 17-7-7 of the Orem City Code. The City Engineer shall determine what a through street is, based on nationally recognized standards.
        2. All streets which are shown on the Orem City Master Street Plan shall be developed according to the size and general location shown on the Street Plan.
        3. Private streets shall:
           1. (1) have a minimum pavement width of twenty-eight feet (28');
           2. (2) have concrete curb and gutter on both sides of the street;
           3. (3) be designed and constructed to City standards and specifications;
           4. (4) have a concrete sidewalk on at least one side of the street;
           5. (5) contain a public utility easement; and
           6. (6) for streets with less than thirty-four feet (34') of paving, have "No Parking" signs installed on both sides of the street.
    13. Traffic Analysis. For PD-16 developments developed in areas with significant traffic issues as determined by the City Engineer, or for any project of 25 dwellings or more, a traffic study prepared by an independent professional traffic engineer shall be submitted to show what traffic mitigation measures may be necessary for the project. The City Council may impose traffic mitigation requirements based on this or other traffic studies. This analysis shall consider off-site traffic impacts within an area of at least one (1) mile from the outside boundaries of the development.
    14. Off-site Improvements. Off-site curb, gutter and sidewalk along street rights-of-way bordering the site may be required by the City when safety or surface water drainage is impaired as a result of the proposed PD-16 development.
    15. Irrigation Ditches. Irrigation ditches within the development or along street rights-of-way adjacent to the development shall be piped.
    16. Storage Areas and Solid Waste Receptacles. All outside storage areas, except for RV storage areas, and solid waste receptacles which are not located within a building shall be enclosed on three sides with the same materials as used on the exterior of the main structures within the development.
    17. Exterior Finishing Materials. All dwellings in the PD-16 zone shall have at least sixty-five percent (65%) of the exterior wall finished with brick, stone, stucco or a combination thereof. Wood, metal, or vinyl sidings may be used, but shall not comprise more than thirty-five percent (35%) of the exterior wall area. Metal or vinyl soffits and trims are permitted and do not count in the percentages required above.
    18. Neighborhood Meeting. The applicant for any development in the PD-16 zone shall conduct at least one (1) neighborhood meeting to explain the proposed development and to address all neighborhood concerns. Written notice shall be given by the applicant to all residents in the PD-16 zone, all residents within 200 feet in all directions of the proposed development, along Geneva Road to 1000 South Street, all residents within the Springwater Park Subdivision, the Vineyard Neighborhood Community chair and vice-chair, and the Neighborhood Organization Specialist of the City of Orem. Notice of the meeting shall be delivered by the applicant at least one (1) week prior to the date of the meeting. Phone calls or informal door-to-door contacts are not considered neighborhood meetings. Such meeting(s) shall be accomplished prior to the site plan being submitted to the City. The application for site plan approval shall include a list of all individuals who were notified, a roster of attendees at the meeting, and a copy of the minutes from the neighborhood meeting.
    19. Homeowners' Association. Every residential condominium development or residential development which has property in common or private streets, shall establish a homeowners' association for the purpose of maintaining the development. The homeowners' association as well as the individual property owners and tenants shall be responsible to maintain the site in accordance with the approved site plan.
    20. Slopes. Any slope greater than twenty percent (20%) may be used as landscape areas, but shall not be included in open space calculation requirements.
    21. Consolidation of Open Spaces. All developments in the PD-16 zone shall include at least one open space in the (50%) landscaping requirement. An open space is a single, contiguous landscaped area that may also include recreational facilities such as playground equipment, basketball or tennis court, swimming pool, etc. The open space shall be at least four hundred (400) square feet for each dwelling in the development. The open space shall be landscaped and designed as a recreational area for both children and adults. Without describing the exact configuration of the open space, the open space shall be such that recreation and relaxation can take place there and shall be designed so that a horizontal rectangle inscribed within it has no dimension less than forty feet (40'). A long narrow strip shall not qualify as an open space. The open space must be approved as part of the site plan.
    22. Storm Water Runoff Plan. All developments in the PD-16 zone shall have a storm water runoff plan designed to accommodate a 50-year storm. Any on-site detention ponds may be considered in and part of required landscaped areas. All surface water runoff shall be detained on site.
    23. Phasing. Phasing may be used as long as each phase meets the requirements of the ordinance and all Amenities such as club house, tennis courts, etc. are included in the first phase. All open space and Amenities that are part of a residential development shall be bonded for in the first phase of development.
    24. Building Design Elements. No more than sixteen dwellings shall be permitted for each structure. No wall on an unbroken plain shall be longer than fifty (50) feet.
    25. Floor Plans. The developer shall submit with any residential site plan, floor plans for each type of residential dwelling proposed for such development. The developer is encouraged to provide a variety of floor plans to ensure a good mix of dwelling types.
    26. Park Buffer Strip. A one hundred (100) foot park buffer strip shall be located along 400 South Street and the west end of the property as shown on Appendix H. This park buffer strip shall be permanently landscaped with trees, grass, and shrubs. The park buffer strip shall contain a minimum of one (1) tree, two (2) inches in caliper, and eight (8) shrubs, five (5) gallons in size per every fifty (50) linear feet of park buffer strip. Trees and shrubs required in the park buffer strip shall be in addition to that required by Section 22-11-28(N)(7).

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-99-0036, Amended, 08/24/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2019-0013, Amended 5/14/19)

15. Bonds.
    1. Purpose. Prior to the recording of any documents concerning an approved development in the PD-16 zone and prior to the issuance of any building permit on ground in the PD-16 zone, a bond sufficient in amount to cover the cost of all public improvements, landscaping including sprinkling system, asphalt, curb, gutter, sidewalk, fencing, piping of irrigation ditches, play areas, pavilions, swimming pools, tennis courts, recreational areas, picnic areas and club house shall be required. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within one (1) year of recordation of the approved final plat. This guarantee bond shall also ensure that the public improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer, and shall not be released until the improvements are accepted by the City. Said bond shall be in the form prescribed by the Subdivision Ordinance.
    2. Type. The bond shall be an irrevocable letter of credit, escrow bond, cash bond or combination bond in favor of the City. The requirements relating to each of these types of bonds are found in Section 17-6-6 of the Orem City Code. The City reserves the right to reject any of the bond types if it has a rational basis for doing so. The bond shall be delivered to the Department of Development Services.
    3. Amount. The Public Works Director or his designee shall determine the amount of the required bond by estimating the cost of completing the required improvements. The amount of the bond shall be at least one hundred ten percent (110%) of the estimated costs of the required improvements.
    4. Nonwaiver. This section does not waive the bonding, licensing, or permit requirements set forth in other City ordinances.
    5. No final plat shall be recorded until the developer of the PD-16 development has tendered the bond and entered into an agreement with the City in which the developer agrees to install the improvements as required by this Article and agrees to indemnify and hold the City harmless from any claims, suits or judgments arising from the condition of property dedicated to the City, from the time that the property is dedicated to the City to the time when the improvements on the dedicated property are finally accepted by the City (including the passage of the warranty period).
    6. If, for any reason, the funds or bonds set aside or provided for the guarantee of improvements are insufficient to properly complete the improvements, the developer shall be personally liable to complete the improvements required by this Article. If the developer is a corporation, the principal officers of the corporation shall be personally liable to complete the improvements.
    7. The bonds required by this Section are for the sole benefit of the City. The bonds are not for the individual benefit of any citizen or identifiable class of citizens, including the owners or purchasers of lots within the subdivision. The bonds are not for the purpose of ensuring payment of contractors, subcontractors or suppliers of labor or materials, and no contractors, subcontractors or suppliers of labor or materials shall have a cause of action against the City or the bond for providing labor or materials.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

16. Provisions. Except as allowed or required in this Article, the provisions of the R8 zone apply.

(Ord. No. O-97-0016, Enacted, 03/04/1997; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 5/14/2019

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Permitted Uses. Dwelling units, whether standing alone or attached to another dwelling unit or clustered in a single building, shall be permitted in the PD-17 Zone. Accessory structures associated with elderly housing shall also be permitted in the PD-17 Zone.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Prohibited Uses. Any use that is not affordable elderly housing or accessory thereto shall not be permitted in the PD-17 Zone.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Occupant Age. The minimum age of occupants within the PD-17 Zone shall be sixty (60) years.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Site Plan and Final Plat.
   1. The Owner/Developer of property located in the PD-17 Zone shall submit an application for site plan approval for any project within the PD-17 Zone. The site plan shall be in substantial compliance with the Concept Plan shown in Appendix J, which is incorporated herein by this reference. The application shall not be considered submitted until all requirements of the site plan are completed and accepted by the City.
   2. The application for the site plan shall include all necessary fees and documentation required by this ordinance. The site plan shall be reviewed by the Development Review Committee. The final approving authority for all PD-17 zone site plans shall be the Planning Commission.
   3. The application for a final plat of all or part of the PD-17 shall be prepared by a surveyor and engineer and be submitted to the City, together with the required fee.
   4. The Director of Public Works is the final approving authority for final plats and shall approve the application request if it meets the requirements of the site plan and all applicable City ordinances. The final plat shall not be approved until the site plan has been approved by the Planning Commission.
   5. Failure to submit a final plat within one (1) year of the date of approval of the site plan shall terminate all proceedings and render approval of the site plan null and void. The final plat shall expire and be void one (1) year after approval by the Public Works Director, unless the final plat has been recorded in the Office of the Utah County Recorder.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Site Plan Submittal. The site plan shall be submitted to the Department of Development Services. The applicant shall pay a fee at the time the site plan is submitted, in an amount established by Resolution of the City Council. No development, construction, revisions, or additions shall take place on the site until the site plan has been approved by the Planning Commission, the final plat has been recorded, the necessary bonds have been posted, and the appropriate permits have been obtained. Amended site plans shall follow the same procedure, pay the same fees, and contain the same development standards and requirements as a site plan.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Contents of Site Plan. The site plan shall be a document consisting of one or more pages of maps and drawings drawn to scale. The Owner/Developer shall submit five (5) copies of the proposed site plan to the Department of Development Services. One of the copies shall be 8 ½" x 11", and the other four (4) copies shall be at least 8 ½" x 11", but not larger than 24" x 36". The applicant shall also submit one (1) computer aided design (CAD) drawing on a computer disk formatted and compatible with the City's computer system of each sheet of the site plan. The proposed site plan shall be drawn to a scale large enough to clearly show all details and in any case not smaller than sixty feet (60') to the inch. The site plan shall include the following items:
   1. Name of Development.
   2. Name of applicant.
   3. Name of owner of property.
   4. North arrow.
   5. Scale of drawing.
   6. Area of lot in square feet.
   7. Lot line dimensions.
   8. A vicinity map containing sufficient information to accurately locate the property shown on the plan.
   9. Tabulation table in the following format:

1. 10. Names and locations of fronting streets and locations and dimensions of public streets, private streets, and driveways.
   11. Footprints of existing and proposed buildings and structures to include a notation of each dwelling's height above the grade.
   12. Location and size of existing and proposed sewer lines and manholes, storm drains and manholes, water supply main valves, water lines, culverts, and fire hydrants within the development and within two hundred (200) feet of the boundaries of the development.
   13. Location of existing and proposed fire protection devices.
   14. Location, dimensions, and distance to property lines of existing and proposed drive access.
   15. Location and dimensions of existing and proposed curbs, gutters, and sidewalks.
   16. Location and dimension of off-street parking spaces.
   17. Location and type of surface water drainage system.
   18. Detailed landscape plan showing the specific types and locations of landscaping.
   19. Drawings of proposed structure elevations, including covered parking, showing the height, dimensions, appearance and materials proposed.
   20. Location and description (height, materials) of existing and proposed fences.
   21. Location and description (dimensions, distance to property lines and type of lighting (direct or indirect)) of existing and proposed signs.
   22. Location of solid waste disposal facilities.
   23. Traffic circulation plan showing that development of the site will not hinder coordinated development of adjacent undeveloped land or land to be redeveloped as part of the site.
   24. Dwellings and other structures, parks, playgrounds, common areas and facilities, and other improvements within the development.
   25. Basic floor plans for all buildings within the development.
   26. A security lighting plan.
   27. Summary of the neighborhood meeting stating: a) who was noticed; b) how notice was given; c) who attended; d) location of the meeting; e) concerns raised by neighbors; and f) issues discussed.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Site Plan Review and Approval.
   1. The following procedure must be followed to obtain site plan approval:
      1. Development Review Committee. The Department of Development Services shall forward the proposed site plan to the Development Review Committee for initial review. The Development Review Committee shall review the site plan while considering whether it complies with the Orem General Plan and all City ordinances, resolutions, and policies. The site plan shall not be forwarded to the Planning Commission unless it complies with the Orem General Plan and all City ordinances, resolutions, and policies.
      2. Planning Commission. The Planning Commission shall be the final approving authority for all site plans for the PD-17 Zone.
   2. The Planning Commission shall consider the following items when reviewing a site plan for a PD-17 Zone:
      1. Whether the proposed site plan complies with the City ordinances, resolutions, and policies.
      2. Whether the proposed site plan promotes the health, safety and welfare of the community. In making this determination, the Planning Commission shall consider, among other things, the overall safety of the site, the impact that the site will have on traffic, the impact the site will have on surrounding properties, and the adequacy of police, fire and utility service that can be provided for the site.
   3. No element of any approved site plan or amended site plan shall be amended or changed without first following the procedure for approval of site plans.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Building Permits. No building permit shall be issued for any project for which a site plan or amended site plan is required, until the site plan or amended site plan has been approved by the appropriate authority.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

10. Completion of Improvements. All public improvements shown on an approved site plan or amended site plan shall be completed within one year of the date of approval or recording of the final plat, whichever is later, or at such earlier time as the approving body may designate. If the improvements are not completed within the time specified, the City shall have the option of taking action on the bond to complete the improvements, or of voiding the approval. An applicant may request an extension for the completion of improvements of up to one (1) year from the Planning Commission. An extension of one year may be granted only if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

11. Completion and Maintenance of Site. Every site developed pursuant to this Article shall conform to the approved site plan or amended site plan. No structures or improvements may be added to the site that are not included on the approved site plan. All improvements shown on the approved site plan shall be maintained in a neat and attractive manner. Failure to complete or maintain the site in accordance with this Chapter and with the approved site plan shall be a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceedings against any person, firm or corporation, whether acting as principal, agent, property owner, lessee, tenant, employee or otherwise, for failure to complete or maintain the site in accordance with this Chapter and with the approved site plan.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

12. Final Plat.
    1. The form and contents of the final plat shall be as required in Article 17-5 of the Orem City Code. The final plat shall be the Final Development Plan referred to in Section 22-11-10 of this Chapter.
    2. The Director of Public Works shall approve final plats within the PD-17 Zone provided he finds:
       1. That all of the improvements and conditions of the approved site plan have been incorporated into the final plat.
       2. That all construction drawings of the PD-17 development have been approved by the City Engineer.
    3. The final plat shall be recorded by the City after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the Public Works Department.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Development Standards and Requirements. The following development standards and requirement shall be required with all PD-17 developments.
    1. Density. The maximum density allowed shall be sixteen (16) dwelling units per acre.
    2. Floors Above Grade. The maximum number of floors above grade shall be one (1).
    3. Setbacks. All dwelling units shall be set back a minimum of twenty feet (20') from dedicated streets and from property not part of the PD-17 Zone, except that minimum side yard setbacks adjacent to commercial zones shall be ten feet (10'). All parking spaces, drives, and accessory structures shall be set back a minimum of twenty feet (20') from any public street. All setbacks adjacent to dedicated streets shall be landscaped.
    4. Utilities. All dwelling units shall be served by the public sewer system and public water supply. All utilities shall be placed underground. No water or sewer lines shall be placed under covered parking areas.
    5. Fences. A masonry fence with a minimum height of six feet (6') shall be erected on the East and West sides of the PD-17 development project, except that no fence shall be required along street frontage. However, if a fence is desired along a street frontage, the Planning Commission may approve the fence upon a favorable recommendation from the City Traffic Engineer. The purpose of the fencing requirement is to buffer the residential neighborhoods from surrounding commercial and manufacturing uses. The developer shall paint the masonry fence with a high grade oil base paint/sealant or with a paint/sealant approved by the City that resists graffiti.
    6. Landscaping. A landscaping plan shall be submitted to the City for approval as a part of the site plan for any phase of development. All landscaping requirements within the limits of any phase shall be completed within ninety (90) days of completion of the building construction within that phase. In the event that the building is completed between October 15 and March 15, completion of the landscaping may be delayed until the next June 15 following said March 15 date.
       1. All land within the PD-17 development not covered by buildings, driveways, sidewalks, and parking areas, shall be permanently landscaped and maintained in accordance with good landscaping practice. A permanent underground sprinkling system shall be installed for all landscaped areas.
       2. For every two (2) dwelling units or every five (5) sleeping rooms there shall be required on the site at least one (1) deciduous tree at least two inches (2") in caliper measured six inches (6") above ground level, one (1) evergreen tree at least five (5) gallons in size, and sixteen (16) evergreen type shrubs at least five (5) gallons in size.
    7. Lighting Plan. All PD-17 developments shall include a lighting plan. The lighting plan shall be designed to:
       1. discourage crime;
       2. enhance the safety of the residents and guests of the PD-17 development;
       3. prevent glare onto adjacent properties; and
       4. enhance the appearance and design of the project.
    8. Parking. Each dwelling unit shall be provided no less than one and one-half (1.5) parking stalls. All parking spaces shall measure at least nine feet (9') by eighteen feet (18'). All parking spaces, parking areas, and driveways shall be paved with asphalt and/or concrete and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walk ways.
    9. Off-site Improvements. Off-site curb, gutter and sidewalk along street rights-of-way bordering the site may be required by the City when safety or surface water drainage is impaired as a result of the proposed PD-17 development.
    10. Irrigation Ditches. Irrigation ditches within the development or along street rights-of-way adjacent to the development shall be piped.
    11. Exterior Finishing Materials. The exterior wall facing dedicated streets of all dwelling units in the PD-17 Zone shall have at least one hundred percent (100%) of its finished material of brick, stone, stucco, or a combination thereof. Wood, metal, or vinyl sidings may be used on side and rear walls, but shall not comprise more than thirty-five percent (35%) of the exterior wall area. Metal or vinyl soffits and trims are permitted and do not count in the percentages required above.
    12. Neighborhood Meeting. The Owner / Developer for any development in the PD-17 Zone shall conduct at least one (1) neighborhood meeting to explain the proposed development and to address all neighborhood concerns. Written notice shall be given by the Owner/Developer to all residents within two hundred feet (200') in all directions of the proposed development. Notice of the meeting shall be delivered by the Owner/Developer at least three (3) days prior to the date of the meeting. Phone calls or informal door-to-door contacts are not considered neighborhood meetings. Such meeting(s) shall be accomplished prior to the site plan being submitted to the City. The Owner/Developer shall write a summary of the neighborhood meeting and submit it as part of the site plan.
    13. Storm Water Runoff Plan. All developments in the PD-17 Zone shall have a storm water runoff plan designed to accommodate a 50-year storm. Any on-site detention ponds may be considered in and part of required landscaped areas. All surface water runoff shall be detained on site.
    14. Signage. Each project shall be allowed one monument sign of up to the maximum size of twenty-four (24) square feet, constructed in accordance with the setback and landscaping requirements of CHAPTER 14 of the City Code. All other signage, except that required by law, is not permitted in the PD-17 Zone.
    15. Accessory Apartments. Accessory apartments are not permitted within the PD-17 Zone.

(Ord. No. O-99-0024, Enacted, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0029, Amended, 08/14/2001; Ord. No. O-2019-0013, Amended 5/14/2019)

Effective on: 5/14/2019

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Additional Regulations. Refer to the following Articles for additional regulations:
   1. Article IV, Conditional Use Permits.
   2. Article XIV, Supplementary Regulations.
   3. Article XV, Off-street Parking.

   If there are any conflicts between the aforementioned articles and this Article, this Article shall take precedence.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Zone Boundary. The boundaries of the PD-18 Zone are designated on the Zone Map of the City of Orem, Utah.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Permitted Uses. Single-family residential dwellings and associated accessory uses and structures shall be permitted uses in the PD-18 Zone.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Conditional Uses. A property owner shall obtain a conditional use permit for any accessory structure that is one thousand (1000) square feet in area or greater and/or twenty-four feet (24') above finished grade.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Prohibited Uses. Any use not listed in subsections (D) or (E) above is prohibited.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Lot Size. The minimum lot size shall be five-tenths (.5) acre. The minimum lot width shall be eighty-five feet (85’).

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0004, Amended, 02/06/2001; Ord. No. O-01-0021, Amended, 06/12/2001)

8. Building Heights
   1. Residential dwellings shall not exceed fifty-five feet (55') in height above the average grade of the earth at the foundation wall on lots one (1) acre or larger in size and forty-three (43) feet on lots less than one (1) acre in size.
   2. Accessory buildings/structures shall not exceed thirty-five feet (35') in height.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Residential Setbacks. The minimum setbacks of residential dwellings shall be as follows:
   1. Front and side facing a dedicated or private street: Thirty feet (30') from the back of the curb.
   2. Rear: Twenty-five feet (25'), or equal to the height of the building, whichever is greater.
   3. Side: Ten feet (10'), or equal to one half (½) of the height of the building, whichever is greater.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

10. Accessory Building Setbacks. The minimum setbacks for accessory buildings shall be as follows:
    1. Front and side facing a dedicated or private street: Thirty feet (30') from the back of the curb.
    2. Rear and Side: Five feet (5'). For accessory building or structures requiring a conditional use permit the City Council may require greater setback distances for rear and side yards.
    3. The total footprint of all accessory buildings/structures shall not exceed ten (10%) percent of the area of the parcel on which they are located.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-09-0019, Amended 08/11/2009)

11. Guest House. A guest house is a particular type of accessory building and shall be placed on the same lot as the primary structure. One guest house per lot may be permitted, and each of the following shall apply:
    1. The guest house shall be of the same architectural design and materials as the main residential dwelling.
    2. The guest house shall be no larger than twenty-five percent (25%) of the above grade finished floor area of primary dwellings, nor larger than four thousand (4,000) square feet.
    3. The guest house shall not be sold or rented separately from the main residence.
    4. A property owner shall obtain a conditional use permit for a guest house prior to its erection.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

12. Fences.
    1. A fence with a maximum height of ten feet (10') may be placed within the front yard setback, but shall not be located closer than twenty-nine feet (29') to the back of the curb in the dedicated or private street.
    2. A fence with a maximum height of ten feet (10') may be placed within the side yard setback facing a dedicated street, but shall not be located closer than fourteen feet (14') to the back of the curb in the dedicated or private street.
    3. A fence with a maximum height of 10' may be placed in the rear yard setback.
    4. Fences at street intersections, whether public or private streets, shall not violate Section 22-14-10 Clear Vision Area, of this Chapter.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Streets
    1. Private Streets and Gates. Subdivisions in the PD-18 Zone may be developed with private streets. Private streets may be gated, however public streets shall not be gated. Gates shall be designed in such a way that vehicles accessing the private street do not queue into the public street. To accomplish this, gates shall be set back at least forty feet (40') from the right of way line of the intersecting public street to allow for safe queuing at the gate. Gates shall be operated in a safe manner, shall be maintained so they function properly, and shall allow for emergency access. Gates securing a fire apparatus access road shall contain the following criteria:
       1. When a fire apparatus access road is provided for ingress and egress, the minimum gate width shall be twenty feet (20').
       2. Gates may be of swing or sliding type.
       3. Construction of gates shall be of materials that will allow for manual operation by one (1) person.
       4. All gate components shall be maintained in an operative condition at all times and shall be replaced or repaired when defective.
       5. Electric gates shall be equipped with a means of opening the gate by fire personnel for emergency access. Emergency opening devices shall be approved by the fire chief.
       6. Manual opening gates may be locked with a padlock or chain and padlock as long as it is accessible to be opened by means of forcible entry tools.
       7. Locking device specifications shall be submitted for approval by the fire chief.
    2. Street Design. Private streets in the PD-18 Zone may be designed and built with a thirty-two foot (32') right of way and twenty-eight feet (28') of pavement, with rolled curb on each side.
    3. Street landscaping. Landscaped islands may be approved in a private street. They shall be designed, maintained, and located to allow safe traffic flow.
    4. Deep Lots on a private street. Deep lots may be created on a private street.
    5. Driveways. Driveways shall be paved with concrete, asphalt or stone.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

14. Homeowner Association to be Formed. An association shall be formed by the owners of lots served by the private street. The association shall maintain all common areas, including gates, landscaping and private streets. The city shall not be responsible for snow removal, street repair, street sweeping, signage, etc.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

15. Animals. Animals are allowed in the PD-18 Zone only if the following conditions are met:
    1. The area of the lot on which the animals are kept must be at least three (3) acres except for rabbits, pigeons, ducks and household pets.
    2. Permitted animal shall include:

1. 3. The maximum number of dogs or cats four months of age or older shall not exceed two (2) each per lot.
   4. The number of animals in Subparagraph (2) above shall be reduced geometrically if the resident desires to keep and maintain more than one species of permitted animals. Example: If two species are desired, then the number of each species shall be reduced to one-half (1/2). If three species are desired, then the number of each species shall be reduced to one-third (1/3), etc.
   5. No animal shall be kept in the PD-18 Zone for commercial production.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

16. Additional Requirements. In areas where the PD-18 Zone does not have specific requirements, the requirements of the R20 Zone shall apply.

(Ord. No. O-99-0049, Enacted, 10/26/1999; Ord. No. O-01-0021, Amended, 06/12/2001)

17. Lot Grading.
    1. Definition of Grading. For the purposes of this Section, grading shall be defined as any work including filling, cutting, excavation or relocation of material which affects the contour, slope, elevation or drainage features of a parcel of property.
    2. No Grading of Land With 25% Slope or Greater Without Permit from City Engineer. No person shall be permitted to grade, cut, excavate, fill, or to erect any structure on any land with a slope equal to or greater than twenty-five percent (25%) without first obtaining a permit therefor from the City Engineer.
    3. Application for Permit. Any person proposing to grade, cut, excavate, fill or to erect any structure on any land with a slope equal to or greater than 25% shall submit a geologic and geotechnical report pertaining to the relevant slope area that meets the following requirements:
       1. The report shall be prepared by a qualified, licensed engineer.
       2. The report shall include boring logs, geologic cross sections, trench and test pit logs, laboratory data (particularly shear strength test results including individual stress- deformation plots from direct shear tests), discussions pertaining to how idealized subsurface conditions and shear strength parameters used for analyses were developed, analytical results, and summaries of the slope stability analyses and conclusions regarding slope stability.
       3. Subsurface geologic and groundwater conditions must be illustrated on geologic cross sections and must be utilized by the geotechnical engineer for the slope stability analyses. If on-site sewage or storm water disposal exists or is proposed, the slope stability analyses shall include the effects of the effluent plume on slope stability
       4. The results of any slope stability analyses must be submitted with pertinent backup documentation (i.e., calculations, computer output, etc.). Printouts of input data, output data (if requested), and graphical plots must be submitted for each computer-aided slope stability analysis. Stability shall be analyzed along cross sections depicting the most adverse conditions (e.g., highest slope, most adverse bedding planes, shallowest likely ground water table, and steepest slope). In addition to static slope stability analyses, slopes shall also be evaluated for seismic slope stability.
       5. Design ground motion parameters for seismic slope stability analyses shall be based on the peak accelerations with a 2.0 percent probability for a M>7 surface faulting earthquake in 50 years (2,500-year return period). Peak bedrock ground motions can be readily obtained via the internet from the United States Geological Survey (USGS) National Seismic Hazard Maps, Data and Documentation web page (USGS, 2002), which is based on Frankel et al., 2002. PGAs (peak ground acceleration) obtained from the USGS (2002) web page should be adjusted for effects of soil/rock (site-class) conditions in accordance with Seed et al. (2001). Site specific response analysis may also be used to develop PGA values as long as the procedures, input data, and results are thoroughly documented, and deemed acceptable by the city.
    4. Conditions for Granting of Permit. The City Engineer shall grant a grading permit if the following requirements are met:
       1. A complete application containing all of the information required above is provided to the City Engineer.
       2. The geologic and geotechnical report clearly demonstrates that the following requirements are met:
          1. (1) The minimum acceptable static factor of safety is 1.5 for both gross and surficial slope stability. The minimum acceptable factor of safety for a calibrated pseudostatic analysis is 1.0 using the method of Stewart, J.P., Blake, T.M., and Hollingsworth, R.A. (2003), Development of a Screen Analysis Procedure for Seismic Slope Stability: Earthquake Spectra, 19 (3), pp. 697-712.
          2. (2) The proposed grading of the slope area will not negatively affect adjacent property and will not limit the ability of adjacent property owners to develop their property.
    5. Applicability. This section (Lot Grading) shall only apply to “Area B” of the PD-18 zone as shown in Appendix PP.

(Ord. No. O-2015-0043, Enacted, 09/22/2015)

Effective on: 1/1/1901

(Ord. No. O-99-0055, Enacted, 12/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0038, Amended, 10/23/2001)

2. Development Standards.
   1. PRD Ordinance. The development standards and requirements set forth in Article 22-7 of the Orem City Code shall apply to the PD-19 zone except as expressly modified below.

   2. 

   1. 1. Preliminary Development Plan. Development in the PD-19 zone shall substantially conform to the Preliminary Development Plan included as Appendix M of the Orem City Code.
      2. Setbacks. Setbacks in the PD-19 zone shall be as shown in the Preliminary Development Plan included as Appendix M of the Orem City Code.
      3. Heights. The maximum height for all primary structures shall be thirty feet (30’) with no restriction as to second story square footage or basement square footage. Basement areas not accessible to sewer by gravity will be constructed as “dry basements” without plumbing fixtures.
      4. Accessory Apartments. Accessory apartments are not permitted within the PD-19 Zone.
      5. Access. If development within the PD-19 zone includes more than sixteen (16) units, at least two (2) vehicular accesses shall be provided, with one of those accesses coming off of 1700 South Street.
      6. Type of Units Allowed. Only townhouses or single-family detached dwellings are permitted in the PD-19 zone.
      7. Exterior Finishing Materials. In addition to the materials permitted under Section 22-7-12(Q), cementatious fiber board siding may be used as a finishing material.

(Ord. No. O-99-0055, Enacted, 12/14/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2015-0031, Amended 08/25/2015; Ord. No. 0-2018-0013, 05/08/2018)

Effective on: 5/8/2018

(Ord. No. O-00-0024, Enacted, 05/09/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Development Standards
   1. PRD Ordinance. The development standards set forth in Article VII, PRD Ordinance, of CHAPTER 22 of the Orem City Code shall apply to the PD-20 Zone, except for building setbacks which are established by the Final Development Plan in Appendix N.
   2. Accessory Apartments. Accessory apartments are not permitted within the PD-20 Zone.

(Ord. No. O-00-0024, Enacted, 05/09/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

2. Preliminary Development Plan. The preliminary development plan included herein as Appendix O, and incorporated herein by reference, designates in general terms the proportions, locations, and types of uses to be developed within the PD-21 Zone and shall guide site layout and development within the zone. The preliminary development plan shows generally where the commercial village area, parking, recreational Amenities, open spaces and residential development shall be located. Prior to final approval of any development site plan within the zone, the City shall verify that the project follows the general layout of the preliminary development plan. No request for development within the PD-21 zone shall be approved which significantly differs from the preliminary development plan. The preliminary development plan may be amended in the same manner as an amendment to the zoning ordinance, as set forth in Section 22-1-5 of the City Code. However, after a review by the Development Review Committee, minor amendments to the preliminary development plan may be administratively approved by the City Manager or the City Manager’s designee.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

3. Phasing. The construction of a development in the PD-21 Zone shall occur in substantial conformance with the phasing shown in the preliminary development plan, as shown in Appendix O. All Amenities that are identified within each phase shall be bonded for prior to construction of that phase. Phase One, as identified in the preliminary development plan, shall be constructed prior to all other phases. No priority for the construction of other phases is required. After a review by the Development Review Committee the City Manager or the City Manager’s designee may administratively approve minor changes to the phasing.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

4. Zone Location and Boundaries. The minimum acreage of the PD-21 Zone shall be forty (40) acres. The PD-21 Zone is located at the northeast corner of Geneva Road and 1200 South Street, the boundaries of which shall be designated on the Zoning Map of the City of Orem, Utah.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

5. Permitted Uses. Student Housing (SLU 1240); Apartments (SLU 1120) and Condominiums (SLU 1112) shall be the only permitted residential uses. Permitted commercial uses shall be restricted to the following:

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-04-0042, Amended, 9/14/2004; Ord. No. O-07-0046, Amended 10/23/2007; Ord. No. O-2013-0020, Amended 07/30/2013; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

6. Prohibited Uses. Any use not listed in subsection (E) above is prohibited. 

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015; Ord. No. O-2020-0010, Amended 6/16/2020)

7. Residential Unit Rental Period. Residential units in a PD-21 development may not be rented for a period of less than 30 days.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

8. Site Plan and Final Plat. The application for a site plan shall include all applicable fees and documentation required by City ordinances. The site plan shall be reviewed by the Development Review Committee. The final approving authority for all PD-21 site plans shall be the Planning Commission.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0035, Amended, 10/14/2003; Ord. No. O-05-0019, Amended, 5/24/2005; Ord. No. O-09-0025, Amended 11/10/2009; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

9. Site Plan Submittal. The site plan shall be submitted to the Department of Development Services. The applicant shall pay a fee at the time the site plan is submitted in an amount established by resolution of the City Council. No development, construction, revisions, or additions shall take place on the site until the site plan has been approved by the Planning Commission, the final plat has been recorded, the necessary bonds have been posted, and the appropriate permits have been obtained. A site plan may be amended by following the same procedure required for limited approval of a site plan as set forth in subsection “J” below.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

10. Contents of Site Plan. The site plan for a development in the PD-21 Zone shall be a document consisting of one or more pages of maps and drawings drawn to scale. The applicant shall submit five (5) copies of the proposed site plan to the Department of Development Services. One of the copies shall be 8½" x 11", and the other four copies shall be at least 8½" x 11", but not larger than 24" x 36." The applicant shall also submit one computer-aided design (CAD) drawing on a computer disk formatted and compatible with the City's computer system of each sheet of the site plan. The proposed site plan shall be drawn to a scale large enough to clearly show all details and in any case not smaller than sixty feet (60') to the inch. The site plan shall include the following items:
    1. Name of Development.
    2. Name of applicant.
    3. Name of owner of property.
    4. North arrow.
    5. Scale of drawing.
    6. Area of lot in square feet.
    7. Lot line dimensions.
    8. A vicinity map containing sufficient information to accurately locate the property shown on the plan.
    9. Tabulation table in the following format:

1. 10. Names and locations of fronting streets and locations and dimensions of public and private streets.
   11. Footprints of existing and proposed buildings and structures including a notation of each structure's height above the grade.
   12. Location and size of existing and proposed sewer lines and manholes, storm drains and manholes, water supply main valves, water lines, culverts, and fire hydrants within the site and within two hundred (200') feet of the boundaries of the proposed development.
   13. Location of existing and proposed fire protection devices.
   14. Location, dimensions, and distance to property lines of existing and proposed drive accesses.
   15. Location and dimensions of existing and proposed curbs, gutters, and sidewalks.
   16. Location and dimension of off-street parking spaces.
   17. Location and type of surface water drainage system.
   18. Detailed landscape plan showing the specific types and locations of landscaping prepared by a landscape architect licensed to practice in Utah.
   19. Drawings of proposed structure elevations, including covered parking, showing the height, dimensions, appearance and materials proposed.
   20. Location and description (height, materials) of existing and proposed fences.
   21. Location and description (dimensions, distance to property lines and type of lighting (direct or indirect) of existing and proposed signs.
   22. Location of solid waste disposal facilities.
   23. Traffic analysis as required by Section 22-11-33(W).
   24. Dwellings and other structures, parks, playgrounds, common areas and facilities, limited common areas, private areas and facilities, and other improvements within the development.
   25. Basic floor plans for all buildings within the development.
   26. A security lighting plan.
   27. Soils report as required by Section 22-11-33(R)(22).
   28. Summary of the neighborhood meeting as required by Section 22-11-33(Y).
   29. A contour map drawn at two-foot intervals on all development plats, unless waived in writing by the Public Works Director r.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

11. Site Plan Review and Approval.
    1. Development Review Committee. The Department of Development Services shall forward the proposed site plan to the Development Review Committee for initial review. The Development Review Committee shall review the site plan to determine whether it complies with the Orem General Plan, the preliminary development plan, and all City ordinances, resolutions, and policies. The site plan shall not be forwarded to the Planning Commission unless it complies with the Orem General Plan, the preliminary development plan, and all City ordinances, resolutions, and policies.
    2. Planning Commission. The Planning Commission shall review the site plan and shall be the final approving authority. The Planning Commission shall approve the site plan if it finds:
       1. The proposed site plan complies with City ordinances, resolutions, and policies.
       2. The proposed site plan promotes the health, safety and welfare of the community. In making this determination, the Planning Commission shall consider, among other things, the overall safety of the site, the impact that the site will have on traffic, the impact the site will have on surrounding properties, and the adequacy of police, fire, and utility service that can be provided for the site.
    1. No element of any approved site plan shall be amended or changed without first following the procedure for approval of site plans as set forth in this subsection “J”. However, after a review by the Development Review Committee, minor amendments to the site plan may be administratively approved by the City Manager or the City Manager’s designee.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-09-0025, Amended 11/10/2009; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

12. Building Permits. No building permit shall be issued for any project for which a site plan is required, until the site plan has been approved by the appropriate authority and a final plat has been approved and recorded by the City.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

13. Completion of Improvements. All public improvements shown on an approved site plan or amended site plan shall be completed within two (2) years of the date of approval or recording of the site plan or final plat, whichever is later, or at such earlier time as the approving body may designate. If the improvements are not completed within the time specified, the City shall have the option of taking action on the bond to complete the improvements, or of voiding the approval. An applicant may request an extension of up to one (1) year for the completion of improvements from the Planning Commission. An extension of one year may be granted only if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

14. Completion and Maintenance of Site. Every PD-21 development shall conform to the approved site plan or amended site plan. No structures or improvements may be added to a PD-21 development that are not included on the approved site plan. All improvements shown on the approved site plan shall be maintained in a neat and attractive manner. Failure to complete or maintain a PD-21 development in accordance with this Chapter and with the approved site plan shall be a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceedings against any person, firm or corporation, whether acting as principal, agent, property owners, lessee, tenant, employee or otherwise, for failure to complete or maintain a PD-21 development in accordance with this Chapter and with the approved site plan.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

15. Final Plat.
    1. The form and contents of the final plat shall be as required in Article 17-5 of the Orem City Code. The final plat shall also contain the following information.
       1. A designation of common areas, limited common areas, and private ownership areas.
       2. A designation of any cross easements.
       3. For condominiums, three dimensional drawings of buildings and building elevations. In the case where the PD-21 development is a condominium project, the developer shall submit a written statement by an attorney who is licensed to practice in Utah. This written statement shall be the attorney's opinion that the condominium declaration, the subdivision plat and the other supporting documentation comply in all respects with the Utah Condominium Ownership Act (UCA Sec. 57-8-1, et seq.) as well as all applicable federal, state and local laws and ordinances and that when the condominium declaration and final plat have been recorded in the office of the Utah County Recorder that the proposed project will be a validly existing and lawful condominium project in all respects.
       4. Written approval of adjoining ditch or canal companies authorizing mandatory fencing or piping of ditches or canals.
       5. Plat restrictions, lot restrictions, and other information required by the Planning Commission or Director of Development Services.
    2. The Director of Development Services shall approve a final plat within the PD-21 Zone provided he finds:
       1. That all of the improvements and conditions of the approved site plan have been incorporated into the final plat.
       2. That all construction drawings of the PD-21 development have been approved by the City Engineer.
    3. The final plat shall be recorded by the City after all signatures are obtained, all approvals are given, and all bonds and fees are posted with the Development Services Department.
    4. A final plat must be approved and recorded for each phase of construction..

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

16. Development Standards and Requirements. The following development standards and requirements shall apply to all PD-21developments:
    1. Density The minimum residential density of the completed project shall be one hundred forty (140) occupancy units per gross acre for Area 1 and ninety (90) occupancy units per gross acre for Area 2 and Area 3. Appendix O identifies Areas 1, 2 and Area 3. An occupancy unit shall be defined as a bedroom having one hundred ten (110) square feet or less of floor space area. A bedroom having more than one hundred ten (110) square feet of floor space shall count as two (2) occupancy units. The maximum number of occupants per bedroom, for bedrooms having one hundred ten (110) square feet or less of floor space area shall be one (1), and maximum number of occupants per bedroom, for bedrooms having more than one hundred ten (110) square feet of floor space area shall be two (2). The term bedroom shall include all areas suitable as a private sleeping area such as a studio, den, etc. Closets and built-in desks shall not be included in the floor space area of the bedroom. Because the parking requirement for Area 2 is lower than the parking requirement for Area 1, subsection (5) of the definition of “Family” in Section 22-2-1 shall not apply to residential units in Area 2. For purposes of Section 22-2-1, the definition of “Family” shall include up to eight (8) unrelated individuals in up to, but no more than twelve (12) residential units in Area 3.
    2. Building Heights. All residential buildings and mixed residential/commercial use buildings shall have a minimum of four stories. The maximum building heights for Area 1 and Area 2 shall be:
       1. 56 feet for that part of a building that is adjacent to and within one hundred fifty feet (150') of a public street.
       2. 62 feet* for that part of a building that is adjacent to but more than one hundred fifty feet (150') from a public street.
       3. 62 feet* for that part of a building within fifty feet (50') of areas designated for required or optional commercial use.
       4. 72 feet for parking structures.
       5. 86 feet or seven (7) stories whichever is less for all other buildings or parts of buildings.
       6. The maximum building height for Area 3 shall be one hundred twenty feet (120’) or as shown on the Concept Plan in Appendix O, whichever is the more restrictive.

       * Except clock towers and special architectural roof features, which are not a part of the standard required building roofing, up to a maximum of eighty-six feet (86').

    3. Building Setbacks. All buildings adjacent to Geneva Road shall be set back at least forty (40) feet as measured from the back of the curb. All buildings adjacent to 1250 West, 1000 South or University Parkway shall be set back at least ten (10) feet as measured from the back of the sidewalk or property line, whichever results in a greater setback. All buildings in Area 3 shall be set back at least fifteen (15) feet from the north and east boundaries of Area 3. With respect to all other property lines in the PD-21 zone, buildings with a height greater than twenty (20) feet shall be set back at least twenty (20) feet, but no setback is required from all such other property lines for buildings with a height less than 20 feet. Buildings with commercial uses facing a private street shall be built to the back of sidewalk. Landscaping and trees shall be required in the setback areas as shown in Appendix O.
    4. Street Design. All streets within the PD-21 Zone may be private or public. The development review process will determine whether a proposed street will be private or public. Private streets may be designed and built according to the following minimum requirements:
       1. Project entrance streets and streets accessing parking structures shall have a minimum pavement width of twenty-eight feet (28').
       2. Street with no on-street parking: A forty-five foot (45') right-of-way with twenty-two feet (22') of pavement for travel lanes, and thirteen feet (13') of sidewalk and/or landscaping on both sides.
       3. Street with on-street parking on one side: A sixty-four foot (64') right-of-way with twenty-two feet (22') of pavement for travel lanes, thirteen feet (13') of sidewalk and/or landscaping on both sides, and sixteen feet (16') of pavement for angled parking.
       4. Street with on-street parking on both sides: A seventy-two foot (72') right-of-way with twenty-two feet (22') of pavement for travel lanes, thirteen feet (13') of sidewalk and/or landscaping on both sides, and sixteen feet (16') of pavement for angled parking on one side, and (8') of pavement for parallel parking on the other side.
    5. Street landscaping. Landscaped islands may be approved in a private street. They shall be designed, maintained, and located to allow safe traffic flow.
    6. Sidewalks, plazas and outdoor areas. All private streets shall have a minimum sidewalk width of (4') feet on both sides of the street. The village shall include at least one open space plaza and shall allow for outdoor areas. Outdoor awnings may not extend closer than four (4') to the street curb.
    7. Streetscape features. The design of the commercial village area streets shall incorporate the use of streetscape features, such as trees, planters, benches, drinking fountains, decorative garbage cans, and at least one outdoor clock and one water fountain. A minimum of 15% of the sidewalk area of the sidewalks in the commercial village area shall be landscaped. A minimum of one (1) tree shall be planted in the commercial village sidewalk area every forty feet (40').
    8. Parking.
       1. Parking for Area 1 and Area 3 shall be provided at the rate of (0.65) parking spaces per occupancy unit. Parking for Area 2 shall be provided at the rate of 0.62 parking spaces per occupancy unit.
       2. Parking for commercial uses shall be provided at the rate of one (1) parking space per 500 square feet of floor area. Hotels shall have one (1) stall per room. Buildings over 30,000 square feet in size which have 50% or more of the building area used for commercial purposes must provide the required parking stalls, based on the rate listed above, next to the building.
       3. Parking stalls located in front of commercial uses shall be reserved exclusively for commercial use during business hours.
       4. No additional parking stalls shall be required for buildings used for student resident public assembly, fitness and recreation activities, or religious worship.
       5. The above parking requirements shall be met for each phase of construction.

       6. Notwithstanding the above, parking shall be provided at the rate of one (1) parking space per occupancy unit in all areas for development where site plan approval is granted after December 8, 2021.

       7. (Ord. No. O-2022-0002, Amended 2/8/2022)

    9. Landscaping.
       1. All land within the PD-21 Zone not covered by buildings, streets, driveways, sidewalks, plazas, courtyards, structures, recreation facilities and parking areas, shall be permanently landscaped with trees, shrubs, lawn, or ground cover and maintained in accordance with good landscaping practice. All landscaping shall have a permanent underground sprinkling system.
       2. One (1) deciduous tree, at least two (2) inches in caliper measured at ground level, and one evergreen tree at least five (5) gallons in size is required for every three thousand (3,000) square feet or fraction thereof of landscaped area. Evergreen shrubs, at least five (5) gallons in size, are required at a ratio of one (1) each per dwelling unit. A licensed landscape architect is hereby given the discretion to substitute deciduous trees for evergreen trees based on soil condition and water table depth.
       3. The required setback adjacent to dedicated streets shall be landscaped and shall include landscaped berms, trees, and shrubs.
       4. The required landscaping adjacent to 1250 West may be reduced to ten (10) feet.
    10. Lighting Plan. The development site plan shall include a lighting plan, which is designed to discourage crime, enhance the safety of the residents and guests of the project, prevent glare onto adjacent properties; and enhance the appearance and design of the project. Streetlights in the development shall have a decorative style and shall be dark-sky sensitive. No cobra-style light standards are allowed. Light standards shall be placed every 50 feet along all private streets and all pathways in the development. Parking lots and structures shall be well lit.
    11. Building Materials. All buildings shall be completed on all sides with acceptable finishing materials. The following materials are acceptable: brick, stone, fluted block, colored textured block, glass, stucco, wood, and cement fiber siding/panels, architectural concrete and zinc metal panels. Zinc metal panels shall not constitute more than fifteen percent (15%) of the surface area of any elevation. Other finishing materials may be used if approved by the City Council. However, sheet metal, corrugated metal, PVC and vinyl siding shall be prohibited except for trim, soffits, fascia, mansards and similar architectural features. In determining whether or not a particular finishing material is acceptable, the City Council shall consider the following factors:
        1. The visibility of the site from public streets and neighboring residential uses.
        2. The degree to which the proposed finishing materials are compatible with the appearance of neighboring residential uses.
        3. The location of the proposed finishing materials on the building.
        4. The degree to which a particular finishing material may be shielded by landscaping or some other feature.
        5. The degree to which the proposed finishing materials are durable and have low maintenance characteristics.
    12. Commercial Locations. Commercial businesses in the development shall be located on the ground floor of buildings in Area 1, unless noted otherwise, as identified in the preliminary development plan. All floors above the ground floor shall be for residential use with the exception of Amenities, facilities used for educational, office, religious, recreational, parking and meeting space purposes.
    13. Residential Entrances. Ground floor entrances to the residential units in the commercial areas shall be permitted. Such entrances shall be designed with separate architectural features such as varied facade depth and color, canopies, stairs, etc.
    14. Amenities. Common social gathering areas and recreation Amenities shall be incorporated into the development. Amenities required, as shown on the preliminary development plan, shall include:
        1. Five (5) BBQ and common open space areas.
        2. Four (4) swimming pools.
        3. Two (2) volleyball courts.
        4. One (1) student lounge / hall with a minimum size of 8,200 square feet.
        5. One (1) fitness center, including facilities for aerobics, weight training and basketball.
        6. Meandering pathways linking the common open spaces.
    15. Loading Areas. Areas for loading and deliveries to the commercial businesses within the village shall be provided.
    16. Storage. The developer shall provide areas for the covered storage of bicycles and other large recreational items. Such items shall not be permitted to be stored on resident balconies, or within common interior or exterior hallways of the development.
    17. RV Storage. The storage of Recreational Vehicles (RVs) shall not be permitted within the PD-21 zone.
    18. Solid Waste Receptacles. Solid waste receptacles which are not located within a building, excluding small, decorative garbage cans, shall be enclosed on three sides with the same materials as used on the main structures within the PD-21 development.
    19. Fencing. Fencing around buildings within the development is not required. Fences adjacent to a public or private street and within the building setback may have a maximum height of three feet (3') if sight-obscuring, or four feet (4') if non sight-obscuring. A sight-obscuring fence at least six feet (6') high and no more than twelve feet (12’) high shall be constructed and maintained between the development and the railroad right-of-way to protect residents from the impacts associated with the adjoining railway operations. A primary or accessory structure may take the place of a fence where the required fence connects with the structure to form a continuous barrier. Except as otherwise provided herein, a fence up to seven feet (7’) high may be constructed adjacent to other property boundaries. Fences made of chain link or chain link with slats are not permitted
    20. Utilities. All buildings shall be served by the public sewer system and public water supply. All utilities shall be placed underground. No water or sewer lines shall be placed under covered parking areas.
    21. Storm Water Runoff Plan. All PD-21 developments shall have a storm water runoff plan designed to accommodate a 25-year storm.
    22. Soils Report. A soils report prepared by a soils engineer shall be submitted to identify any special engineering needs of the site. All development shall be slab on grade unless a soils engineer determines that below grade development can be developed without present or future ground water problems and the City Engineer concurs in the analysis. Ground water drains shall be required if any part of a building’s habitable floor level is below grade.
    23. Aesthetic Enhancement of Parking Garage. In order to improve the aesthetic appearance of the parking structure in Area 3, all sides of the parking structure in Area 3 shall be enhanced by using one or more of the following techniques or practices: building liners, artistic facades, trees and landscaping and other methods as shown in the elevations for the parking garage included as part of Appendix O.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-07-0046, Amended 10/23/2007; Ord. No. O-09-0025, Amended 11/10/2009; Ord. No. O-2012-0023, Amended 08/28/2012; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

17. Signage.
    1. Except as otherwise provided below, signage in the PD-21 zone shall comply with the provisions of CHAPTER 14 of the Orem City Code. The following additions and modifications shall apply to signage in the PD-21 zone:
       1. Because Area Two does not have frontage on any arterial or collector street, fourteen (14) flag pole signs (permanent) may be located in Area Two and a total of (4) four wall signs may be located on buildings in Area Two. The fourteen (14) flag pole signs (permanent) and the four (4) wall signs shall conform to the following requirements:
          1. (1) The wall signs shall either be banners or consist of individual letters on a flat face in conformance with the general style and quality shown on the Concept Plan. The dimensions of these wall signs shall not exceed fifteen (15) feet in height and forty (40) feet in width.
          2. (2) The dimensions of the signs shall not exceed fifteen (15) feet in height and forty (40) feet in width.
          3. (3) The wall signs shall not be electronic message signs although they may be backlit.
          4. (4) The wall signs shall be oriented toward I-15 to the west, 1000 South to the north or University Parkway to the south.
          5. (5) The wall signs must be on-premise signs.
          6. (6) The permanent flag pole signs shall not exceed twenty-two (22) feet in height and twenty (25) square feet.
          7. (7) The flag portion of the flag pole signs may be constructed using rigid materials and may be backlit.
    2. Signage for businesses on private and public streets is limited to wall signs, window signs, monument signs, and canopy signs, and the following shall apply:
       1. Wall signs and canopy signs shall be placed on the commercial portion of the building only.
       2. Wall signs may not exceed fifteen percent (15%) of the commercial portion of the wall to which the sign is attached.
       3. Wall signs extending more than six (6) inches from the wall and less than twenty-four (24) inches shall not be within seven (7) feet of the finished grade adjacent to the building at the base of the wall to which the sign is attached. Projecting signs, signs that project more than twenty-four (24) inches from the wall, are prohibited.
       4. Canopy signs may only be placed above primary entrances to a business.
       5. Window signs shall not exceed fifty percent (50%) of the total transparent area of any window on which they are attached.
       6. One (1) monument sign is permitted along Geneva Road, one (1) monument sign shall be permitted along University Parkway, two (2) monument signs shall be permitted along 1250 West in Area 1 or Area 2, and one (1) monument sign shall be permitted along 1000 South. Monument signs shall be limited to a maximum height of eight (8) feet as measured from the existing grade and one hundred (100) square feet of sign area. If the existing grade is below the top back of curb, the maximum sign height shall be measured from the curb at a point perpendicular to the sign location. The signs shall be located at least five (5) feet from the back of sidewalk or from the curb when no sidewalk is present and shall be located outside the clear vision triangle. The monument signs shall be limited to identifying the project and the commercial tenants located within the PD-21 zone.
       7. Monument signs permitted in subparagraph (f) shall have no exposed poles or covered poles. The width of the sign shall be uniform in size from the top of the sign to the bottom of the sign where it meets the grade.
       8. The architecture of signs not attached to a building shall be consistent with the architecture of the existing buildings in the PD-21 zone.
    3. A cross-street architectural feature sign no greater than thirty-five (35) feet high may be placed across a private street in Area 1 and shall only advertise the name of the development and related logo decals. The sign must have a minimum clearance height of thirteen (13) six (6)inches for fire apparatus access and must be set back at least three hundred eighty-five (385) feet from University Parkway and one hundred seventy-five (175) feet from Geneva Road. A single support pylon may be used. A single support pylon sign may be used.
    4. A single interior sign shall be allowed in Area 1 at a height not to exceed twenty-seven (27) feet. The interior sign may include on-premise advertising and may also display noncommercial messages. The interior sign may have an electronic sign display on up to fifty percent (50%) of the sign square footage. The interior sign shall be set back at least three hundred eighty-five (385) feet from University Parkway and one hundred seventy-five (175) feet from Geneva Road.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0017, Amended, 05/07/2002; Ord. No. O-2010-0013, Amended and renumbered 05/25/2010; Ordinance O-2011-0016, Amended 08/09/2011; Ord. No. O-2012-0002, Amended 01/10/2012; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015; Ord. No. O-2016-0007, Amended 03/29/2016)

18. Architectural Styling. The architectural style of the development shall substantially conform to the renderings in the preliminary development plan. The sides of all buildings shall be constructed using a variety in color, facade depth and roof line height, with changes occurring in all these areas at least every sixty-six (66') linear feet. Balconies and canopies on building sides facing village streets or plazas shall not exceed three (3') feet in depth. Windows or other compatible architectural features shall be required on all commercial and residential units adjacent to streets.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2010-0007, Amended 04/13/2010; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

19. Architectural Review. The Planning Commission shall perform architectural review of the development at site plan review. The site plan must demonstrate that the development will:
    1. Meet the general purpose and spirit of the PD-21 zoning ordinance.
    2. Use a good mix of building materials, colors and architectural features to create an attractive, mixed-use development .
    3. Include sufficient Amenities, landscaping and public open spaces that will provide a safe, comfortable and pleasant environment.
    4. Substantially conform to the architectural style shown on the exhibits of the preliminary development plan..

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-09-0025, Amended 11/10/2009; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

20. Security. The owner or manager of the development shall provide adequate on-site security in all areas of the development.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. 2014-0042, Amended 11/18/2014)

21. Repealed.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0023, Repealed, 08/28/2012; Ord. No. 2014-0042, Amended 11/18/2014)

22. Reserved.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-07-0046, Amended 10/23/2007; Ord. No. 2014-0042, Amended 11/18/2014)

23. Traffic Study. The developer shall be required to submit a comprehensive traffic study with the Concept Plan application that evaluates both vehicular and pedestrian traffic patterns on site and off site. The traffic study shall include the impact on east-west traffic patterns on the Interstate 15 interchange at University Parkway. The site plan will reflect and incorporate the recommendations of the traffic study.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-07-0046, Amended 10/23/2007; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

24. Bonds.
    1. Purpose. Prior to the recording of any documents concerning any phase of an approved PD-21 development, and prior to the issuance of any building permit on land included within a PD-21 development, the applicant shall post a bond with the City in an amount sufficient to cover the cost of all public improvements required for that phase by the approved site plan, preliminary plat, final plat, preliminary development plan, development agreement, the PD-21 ordinance and other applicable City ordinances, including but not limited to, landscaping and sprinkling systems, asphalt, curb, gutter, sidewalk, fencing, recreational facilities, piping of irrigation ditches, and any other item required as part of the approved site plan. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within two (2) years of the date of approval of the site plan or recording of the final plat, whichever is later or at such time as the approving body may designate, and that the improvements shall remain free from defects for six (6) months or until April 15 of the following year, whichever is longer. The City shall not release this bond until the City accepts the improvements.
    2. Type. The bond shall be an irrevocable letter of credit, escrow bond, cash bond or combination bond in favor of the City. The requirements relating to each of these types of bonds are found in Section 17-6-6 of the Orem City Code. The City reserves the right to reject any of the bond types if it has a rational basis for doing so. The bond shall be delivered to the Department of Development Services.
    3. Amount. The Public Works Director or his designee shall determine the amount of the required bond by estimating the cost of completing the required improvements. The amount of the bond shall be at least one hundred ten percent (110%) of the estimated costs of the required improvements.
    4. Nonwaiver. This section does not waive the bonding, licensing, or permit requirements set forth in other City ordinances except that this section replaces the subdivision bond required in section 17-6-6 of the Orem City Code.
    5. The City shall not record the final plat until the developer of the PD-21 development has tendered the bond and entered into an agreement with the City in which the developer agrees to install the improvements as required by this Article and agrees to indemnify and hold the City harmless from any claims, suits or judgments arising from the condition of property dedicated to the City, from the time that the property is dedicated to the City to the time when the improvements on the dedicated property are finally accepted by the City (including the passage of the warranty period.)
    6. An applicant may request an extension of up to two (2) years for the completion of improvements from the Public Works Director. The Public Works Director may grant an extension of up to two years if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements.
    7. If, for any reason, the bonds providing for the guarantee of improvements are insufficient to properly complete the improvements, the developer shall be personally liable to complete the improvements required by this Article.
    8. The bonds required by this Section are for the sole benefit of the City. The bonds are not for the individual benefit of any citizen or identifiable class of citizens, including the owners or purchasers of lots or units within the PD-21 development. The bonds are not for the purpose of ensuring payment of contractors, subcontractors or suppliers of labor or materials, and no contractors, subcontractors or suppliers of labor or materials shall have a cause of action against the City or the bond for providing labor or materials..

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0017, Amended, 05/07/2002; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

25. Neighborhood Meeting. The applicant for any PD-21 development shall conduct at least one (1) neighborhood meeting, prior to the submission of the site plan application, to explain the proposed development and to address all neighborhood concerns. Written notice shall be given by the applicant to all property owners within a 200' foot radius of the development, as well as to the owners of all residential property within 1/4 mile of the of the development. Notice shall also be given to the chair and vice-chair of the Vineyard, Cherry Hill and Westmore Neighborhood Communities. Notice of the meeting shall be delivered by the applicant at least one (1) week prior to the date of the meeting. Phone calls or informal door-to-door contacts are not considered neighborhood meetings. Such meeting(s) shall be accomplished prior to the site plan being submitted to the City. The application for site plan approval shall include a list of all individuals who were notified, a roster of attendees at the meeting, and a copy of the minutes from the neighborhood meeting.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. 2014-0042, Amended 11/18/2014; Ord. No. O-2015-0032, Amended 08/25/2015)

26. Repealed.

(Ord. No. O-00-0046, Enacted, 10/24/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0017, Amended, 05/07/2002; Ord. No. O-2012-0023, Repealed 08/28/2012; Ord. No. 2014-0042, Amended 11/18/2014)

Effective on: 5/14/2019