(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Amended, 11/23/1993; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0005, Amended, 03/25/2003)

2. Development Standards.
   1. All zone development standards and site plan requirements of this Section and the underlying zone shall apply. When there is a conflict between varying standards, the more restrictive requirements shall apply, except as provided in subsection (2) below.
   2. The maximum allowable height in the high rise overlay zone shall be eighty-four feet (84') or seven (7) stories, whichever is less.
   3. The high rise overlay zone shall be limited to the commercially zoned property along State Street between 800 North Street and 1400 South Street; and between 1200 South Street and 1400 South Street between Interstate 15 and 800 East Street.
   4. Setbacks for structures shall be as follows:
      1. Front and side facing a street: 50' minimum. This requirement may be reduced seven feet (7') for each twelve feet (12') or one (1) story below the maximum height of eighty-four feet (84'), but in no case shall the setback be reduced to less than twenty feet (20').
      2. Side and rear: the minimum distance shall be ten percent (10%) of the lot frontage or ten feet (10'), whichever is greater; the maximum setback distance need not exceed fifty feet (50').
      3. Any structure greater than forty-eight feet (48') shall be set back at least two hundred feet (200') from any residential zone.
   5. Landscaping. The minimum landscaped area shall be ten percent (10%) of the total lot area plus four-tenths percent (0.4%) of the total lot area for each foot of building height above twenty-four feet (24').

(Ord. No. O-93-0030, Amended, 11/23/1993; Ord. No. O-96-0022, Amended, 11/12/1996; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Approval by the City. No development, construction, revision, or additions shall take place to a site in the student housing overlay zone until the site plan has been approved by the City, final plats if required have been recorded, the necessary bonds have been posted, and the appropriate permits have been obtained.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-96-0004, Amended, 02/13/1996; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Approving Authority. The Planning Commission shall review all site plans in the student housing overlay zone and shall provide its recommendation to the City Council. The City Council shall be the final approving authority for all site plans in the student housing overlay zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-94-0043, Amended, 12/13/1994; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Zone Boundaries. The areas which may be considered for inclusion in the student housing overlay zone shall be as outlined on Map 1, which is attached hereto and hereby made a part of this Section.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0011, Amended, 02/05/2002)

5. Permitted and Prohibited Uses. High-density student housing shall be permitted within the Student Housing overlay zone in conformance with the standards set forth in this section. In addition, all uses permitted and conditional in the underlying zone shall be permitted and conditional in the student housing overlay zone. Home occupations and day care operations are prohibited uses in the SH Zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. O-98-0014; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Students Occupancy Requirement. At least 90% of the occupants of any student housing project in the student housing overlay zone shall be students and their spouses and dependent children. For the purposes of this Section, a student shall be defined as anyone who, within a nine-month period of occupancy, has been or will be enrolled in a post high school educational program. The owner of student housing is responsible for ensuring that the units are occupied by the required ratio of students. The owner shall give written certification to the City, upon request of the City, that the project is occupied by the required ratio of students. Prior to renting, leasing or allowing occupancy of any dwelling unit by any individual and at least once a year thereafter, the owner shall require the individual renting, leasing or occupying a dwelling unit to provide verification of the individual's current student status. Student status may be demonstrated by providing a copy of the individual's class schedule, tuition receipt, and letter from a school registrar or other similar documentation, which adequately proves the individual's student status. The owner or manager of any student housing project or dwelling unit shall retain the documents establishing student status for each dwelling unit for a period of two years and shall make such records available to the City for inspection upon the City's request.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-99-0016, Amended, 03/23/1999; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Condominium Projects in the Student Housing Overlay Zone. All condominium student housing projects, including condominium conversion projects shall comply with the following requirements:
   1. Each condominium project shall establish a condominium homeowners' association which shall be responsible for the enforcement of the 90% student occupancy requirement described in subsection (F) above and for obtaining the proof of student status as required by subsection (F) above.
   2. Each condominium project shall include a provision in the condominium declaration of covenants, conditions, and restrictions and in the bylaws of the condominium homeowners' association requiring that at least 90% of all occupants of the condominium project be students and their spouses and dependent children. The declaration and bylaws shall also contain a provision enabling the association to effectively enforce the 90% student occupancy requirement.
   3. The developer or owner of the condominium project shall submit a copy of the declaration and bylaws to the City and must receive approval from the City that the declaration and the bylaws comply with the requirements of 22-12-2(G)(2) prior to the City's approval of the final plat.
   4. The developer or owner of a condominium project approved as student housing shall submit a final plat to the City in form and content as required in Article 17-5 of the Orem City Code. The final plat shall also contain the following provision:

   Occupancy Restriction. City ordinances and the condominium declaration and bylaws require at least 90% of all occupants of this condominium project to be students and their spouses and dependent children.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-99-0016, Amended, 03/23/1999; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0019, Amended, 06/12/2001)

8. Documentation and Contents of Site Plan Drawings. Anyone requesting approval of a site plan or an amended site plan in the student housing overlay zone shall first submit to the Department of Development Services all of the documentation and site plan drawings required by Section 22-14-20 of the Orem City Code.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-95-0019, Amended, 04/04/1995; Ord. No. O-96-0004, Amended, 02/13/1996; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Minimum Project Size. In order to encourage the development of larger student housing developments, any site plan for a development in the student housing overlay zone shall:
   1. Contain at least one and one half (1½) contiguous acres unless the development is immediately adjacent to an existing student housing project in the student housing overlay zone, in which case the minimum project size shall be one (1) contiguous acre; and
   2. Have at least sixty feet (60’) of frontage on a dedicated public street.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0023, Amended, 06/25/2002)

10. Development Standards of the SH Zone. The following standards and requirements shall apply to all student housing projects within the student housing overlay zone:
    1. Density. The maximum density shall be one hundred sixty (160) occupancy units per gross acre. An occupancy unit shall be defined as a bedroom having one hundred (100) square feet or less of floor space area. A bedroom having more than one hundred (100) square feet of floor space area shall count as two (2) occupancy units. The maximum number of occupants per bedroom for bedrooms having one hundred (100) square feet or less of floor space area shall be one (1), and the maximum number of occupants per bedroom for bedrooms having more than one hundred (100) 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.
    2. Parking. All student housing projects shall have at least eight-tenths (0.8) parking spaces per occupancy unit.
    3. Bicycle Parking. Covered bicycle parking spaces shall be required for each site. The number of bicycle parking spaces to be provided shall be ten (10) or a number equal to twenty-five percent (25%) of the required on-site automobile parking spaces, whichever is greater. Each bicycle parking space shall provide for storage and locking of bicycles, either in lockers, medium-security covered racks or equivalent facilities in which the user may lock both the bicycle frame and the wheels.
    4. Buffer. Because of the high density which is allowed in the student housing overlay zone, developments in the student housing overlay zone must provide a substantial buffer between the development and all residentially zoned parcels located adjacent to the development (including residential parcels located directly across a public street from the development) which are not included within the student housing overlay zone. The buffer shall reduce to the greatest extent practical, the visual and noise impact of the development on adjacent residential parcels. The buffer required by this subsection may be accomplished through the use of a combination of existing features such as public streets and substantial natural topographical variances (where present), and significant landscaping such as trees, walls and berms.
    5. Landscaping.
       1. All land within the student housing overlay zone not covered by buildings, driveways, sidewalks, structures, and parking areas, shall be permanently and maintained in accordance with good landscaping practices. All landscaping shall have a permanent underground sprinkling system.
       2. At least twenty percent (20%) of the net acreage (area of the development less public streets) of the entire development shall remain permanently landscaped.
       3. Deciduous trees, at least two (2) inches in caliper measured four feet (4') above the ground, and evergreen trees, at least five (5) gallons in size, are required at a ratio of one deciduous and one evergreen per every 3,000 square feet of landscaped area. Evergreen shrubs, at least five (5) gallons in size, are required at a ratio of one per every 1,000 square feet of landscaped area.
       4. The required building setback from public streets shall be landscaped and shall include landscaped berms, trees, and shrubs.
    6. Lighting Plan. All student housing 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 project;
          3. Prevent direct glare of lighting onto adjacent properties; and
          4. Enhance the appearance and design of the project.
    7. Building Setbacks.
       1. Buildings shall be set back from property in any residential zone, other than property in the Student Housing Overlay, at least twenty feet (20') or equal to the height of the structure, whichever is greater. Buildings shall be set back from adjacent property in the Student Housing Overlay at least twenty feet (20'). Buildings shall beset back from all public streets at least forty feet (40'). However, if the adjacent property is Interstate 15 right-of-way, the minimum building setback from the right-of-way line shall be ten feet (10') regardless of building height, except as provided in subsection (C) below.
       2. Roof overhangs, bay windows, box windows, chimneys, covered stairwells, and stairs, may encroach into the required setbacks no more than twenty-four inches (24"). Porches and the roofs over them may project up to five (5) feet into the required setback.
       3. No setback shall be required for parking structures adjacent to 1-15 provided that UDOT approves a landscape plan showing trees within the 1-15 right-of-way. The trees shall be planted and maintained parallel to the parking structure, shall be no further than eight feet (8') from I-15 right-of-way, and shall be spaced a minimum of thirty feet (30') along the width of the parking structure. The landscape plan approved by UDOT shall be submitted with the request to reduce the setback less than ten feet (10'). Trees shall be either deciduous or evergreen. Deciduous trees shall be at least three (3") inches in caliper measured four (4) feet above the rootball. Evergreen trees shall be at least ten feet (10') tall after planting. All trees must be irrigated with a drip irrigation system. The Planning Commission may waive the tree requirement if it finds permission for the trees cannot be obtained from UDOT or that planting of the trees is contrary to the health, safety or welfare of the City.
    8. Building Materials. At least sixty percent (60%) of the exterior finish materials of all elevations of all buildings shall consist of either brick, stone, or cultured stone. The remaining percentage of the exterior finish materials shall consist of either brick, stone, cultured stone, stucco, E.I.F.S. or wood.
    9. Architectural Styling. The exterior of all buildings shall demonstrate a variety in color, relief, and rhythm. Facade depth should change with a minimum 2-foot offset at least every sixty (60') linear feet, on all sides of the buildings.
    10. Structure Height. The maximum height of any structure shall not exceed sixty feet (60'). The maximum height requirement does not include mechanical appurtenances and special architectural features. All mechanical appurtenances must be architecturally screened.
    11. Consolidation of Open Space. All student housing site plans shall include one (1) or more open spaces in the landscaping requirement. For purposes of this Section 22-12-2, an open space shall be defined to mean a single, contiguous landscaped area that may also include recreational facilities such as playground equipment, basketball or tennis court, swimming pool, etc., and designed such that it contains a rectangle with no dimension less than thirty feet (30'). No more than fifty percent (50%) of the open space area may have slopes greater than thirty percent (30%). No above ground utility box shall be placed in the open space.
    12. Drive Accesses. Student housing projects having less than three hundred feet of frontage on a public street may have no more than two drive accesses to the project. Student housing projects having three hundred or more feet of frontage on a public street may have no more than three drive accesses to the project. However, the City Council may approve an additional access after considering the following:
        1. A traffic impact analysis.
        2. The recommendation of the City’s Traffic Engineer.
        3. The overall safety of the site.
        4. The proximity of residences that may be impacted by the proposed access locations.
        5. The developer’s plan to mitigate potential negative traffic impacts.
        6. The necessity of the proposed access locations.
    13. Storage Areas and Solid Waste Receptacles. All outside storage areas shall be constructed with the same materials used on the exterior of the main structures in the student-housing site. All solid waste receptacles, which are not located within a building, shall be enclosed on at least three (3) sides with the same materials as used on the exterior of the main structures on the student housing site.
    14. RV Storage. No Recreational Vehicle storage shall be allowed on site. This shall include but not be limited to all watercraft, trailers, all-terrain vehicles, snowmobiles, etc.
    15. Amenities. All developments in the student housing overlay zone shall be required to provide social and recreation Amenities, at the following minimum rates: Two (2) Amenities from either list A or list B, as shown below, for the first two hundred (200) occupancy units. Any development with over two hundred (200) occupancy units shall be required to provide one (1) additional amenity from both list A and list B for each additional four hundred (400) occupancy units, or portion thereof.

1. 16. Loading Areas. Areas for loading and deliveries shall be provided.
   17. 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.
   18. Storm Water Runoff Plan. All student housing developments shall have a storm water runoff system designed to accommodate a 25-year storm.
   19. Soils Report. A soils report prepared by a certified engineer shall be submitted to identify any special engineering needs of the site.
   20. Existing Homes. No student housing site plan shall include an existing building.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-00-0016, Amended, 03/21/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0049, Amended, 12/04/2001; Ord. No. O-04-0002, Amended, 01/13/2004; Ord. No. O-2019-0013, Amended 5/13/2019)

11. Traffic Study. The developer shall be required to submit a comprehensive traffic study with the site plan application, which evaluates the impact of the project upon both vehicular and pedestrian traffic on-site and off-site. The traffic study shall also provide an estimate of the number of trips between the development and UVSC, which will be generated by the development on weekdays during each hour between the hours of 6:00 a.m. and 11:00 p.m. The traffic study shall be prepared and submitted by a certified traffic engineer, and must be approved by the City. The site plan shall reflect and incorporate the recommendations of the traffic study and shall also incorporate such other measures as may be reasonably necessary to mitigate the impact of the development on traffic.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

12. Shuttle Transportation to Utah Valley State College. The owner(s) of a development in the student housing overlay zone shall provide a no-charge shuttle service between the development and Utah Valley State College if the nearest part of the student housing development:
    1. Is located more than one-half (1/2) of a mile from the Sorensen Student Center on the UVSC campus, or anywhere west of Interstate 15, and
    2. Is expected to generate more than twenty (20) one-way trips between UVSC and the development during any weekday hour between the hours of 6:00 a.m. and 11:00 p.m. as determined by the traffic study.

The owner shall use its best efforts to establish and maintain a consistent and reliable schedule for the shuttle operation and shall also space the timing of the shuttle departures to maximize the number of students who can be transported between the development and UVSC. Each shuttle must be capable of transporting ten (10) or more students per trip. Trips made by shuttles which have the capacity to transport twenty or more students shall count as two trips. Trips made by shuttles having the capacity to transport thirty (30) or more students shall count as three trips. If a development’s shuttle requirement is met by sharing shuttle capacity with another development or other entity, the shuttle must have the separate capacity to transport at least ten students from the development in order to count as one shuttle trip for that development. For example, if the owners of three separate developments in the student housing overlay zone contract with an independent entity to provide shuttle service to and from UVSC for each of the three developments and the shuttle has the capacity to transport 30 students, each of the three developments may count the shuttle trip as one trip. However, if the shuttle has the capacity to transport only 25 students, only two of the developments may count the shuttle trip as one trip toward meeting their shuttle requirement.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Revised Traffic Study. The owner(s) of a development in the student housing overlay zone shall provide to the City a revised traffic study which meets the requirements of Subsection K at any time upon the City’s request within one year from the issuance of a certificate of occupancy for the development. The owner shall also provide such a revised traffic study to the City at any time after one year upon the City’s request if the City reasonably believes that the development is generating more trips to and from UVSC than were estimated in the most recent traffic study for the development. The owner(s) shall also have the option to submit a revised traffic study to the City at the owner’s discretion at any time. The shuttle requirements for the development shall be modified in accordance with the standards set forth in Subsection L if warranted by the revised traffic study.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

14. Modification of Shuttle Requirements. In order to determine the effectiveness and adequacy of the shuttle requirements set forth above, the owner(s) of each development shall provide the City with information regarding the total number of required shuttle trips, the scheduling of the shuttle trips, and the approximate percentage of student occupancy of the shuttle trips. This information shall be provided to the City six months and one year after the completion of the development and annually thereafter upon the City’s request. The City shall have the right to increase, decrease or otherwise modify the shuttle requirements set forth in Subsection L as may be determined to be appropriate based on an analysis of the adequacy of the initial requirements of Subsection L. The City may require all existing and proposed developments in the student housing overlay zone to comply with such revised shuttle requirements.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

15. Bonds. The developer of any student housing project shall bond in accordance with the bond requirements specified in Section 22-14-20 of CHAPTER 22 of the Orem City Code.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

16. Neighborhood Meeting. The applicant for any student housing 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 discuss all neighborhood concerns. Written notice of the meeting shall be given by the applicant to all property owners within a 600' foot radius of the development. Notice shall also be given to the chair and vice-chair of the Neighborhoods in Action community for the area in which the proposed development is located. 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. Neighborhood meetings shall be accomplished prior to the submission of the site plan 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. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

17. Completion and Maintenance of Site. Every student housing development shall conform to the approved site plan or amended site plan. No structures or improvements may be added to a student housing development that are not shown 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 student housing development in accordance with this Chapter and with the approved site plan shall be a violation of the terms of this Section. 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 student housing development in accordance with this Section and with the approved site plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Renumber, 11/23/1993, 22-13; Ord. No. O-98-0013, Amended, 02/24/1998; Ord. No. O-00-0012, Amended, 02/22/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 5/14/2019

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

2. Location. Hospitals shall only be located on property which has a hospital overlay zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Application. The hospital overlay zone (HO) may be applied to property in any zone except the OS5 Zone, M1 Zone, M2 Zone, CM Zone and BP Zone.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Criteria for implementation. Before the HO zone may be applied to any property, the following conditions must exist:
   1. A Concept Plan must be submitted concurrently with the zone application. The purpose of the Concept Plan is to provide the Planning Commission and City Council with a conceptual overview of how the overlay zone may develop if the zone is adopted. The Concept Plan is not binding on the City, the Applicant or any site plan that is subsequently submitted. The Concept Plan shall give general detail to building location, building height, parking areas, landscape areas, access points and any unique features.
   2. The development of a hospital with all of the associated impacts is not detrimental to the public safety and welfare.
   3. The infrastructure and traffic circulation system is adequate to serve a hospital development with vehicle access points and parking so that the development does not have a significant adverse impact on the surrounding neighborhood.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Hospital Definition.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-04-0019, Amended, 04/13/2004)

2. Area. The Infill Overlay Zone shall only be applied to parcels smaller than one and one-half (1½ ) acres in area.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Location. The Infill Overlay Zone shall only be applied to parcels in the R5 Zone. The Infill Overlay shall not be applied to a parcel located at the intersection of two or more dedicated streets.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Setbacks. The setbacks for all primary buildings in an Infill Overlay Zone are as follows:
   1. Rear Yard. The required rear yard setback adjacent to a single-family residential use, or vacant residential property, shall be no less than twenty feet (20’). The required rear-yard setback not adjacent to a single-family residential use shall be no less than ten feet (10’).
   2. Side Yard. The required side yard setbacks shall be no less than five feet (5’) on each side for a total of ten feet (10’). A side yard setback from an adjacent property’s rear yard shall be no less than ten feet (10’).
   3. Front Yard. The required front yard setback shall be no less than fifteen feet (15’). No garage shall be setback less than eighteen feet (18’) from a public right-of-way.
   4. Accessory Buildings. The setbacks for all accessory buildings shall conform to the requirements of Section 22-6-8(B) of this chapter.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

5. Floor Area Ratio. In the Infill Overlay Zone, the floor area ratio shall mean the total above-grade floor area of the principal building on a lot divided by the total lot area. The maximum floor area ratio of the principal building, including any attached garage, shall not exceed 0.5.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

6. Lot Frontage. Lots in the Infill Overlay Zone shall have no minimum required frontage adjacent to a dedicated street, and instead may be developed with a private drive as specified herein. However, the minimum lot width requirements of the underlying zone shall still apply.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Private Drives. Properties in the Infill Overlay Zone, which cannot be developed with standard City streets, may be developed with lots accessed from a private drive with the following standards.
   1. No more than five (5) dwelling units may access a private drive.
   2. A private drive must be at least twenty feet (20’) wide (measured from curb face to curb face), with a curb on both sides no less than six inches (6”) in width. Required setbacks shall be measured from the back of the curb.
   3. There shall be at least a four-foot (4’) sidewalk on one side of the private drive.
   4. No on-street parking shall be allowed on a private drive less than twenty-eight feet (28’) in width.
   5. The private drive must provide a turn-around consistent with the City of Orem Construction Standards & Specifications, and approved by the City Engineer.
   6. Each section of the private drive shall be platted and owned as a part of the infill lot to which it is adjacent.
   7. The area of the private drive shall not count towards the minimum lot area required by the underlying zone.
   8. A Homeowners Association shall be established to maintain the private drive.
   9. A sight-obscuring fence shall be required separating the private drive from any adjacent residential properties.
   10. Access onto an existing private drive that is in use for a condominium or PRD is allowed if permission is attained from the homeowners association.

(Ord. No. O-00-0056, Enacted, 12/12/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

1. Purpose. The purposes of the agriculture overlay zone (-AG) are as follows:
   1. To encourage the preservation of existing agricultural uses within the City in areas where residential and agricultural uses are compatible.
   2. To provide owners and prospective owners of property located near property in the agriculture overlay zone with notice of the potential positive and negative effects that may be associated with the agricultural use of the property.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

2. Minimum Zone Area. The minimum area to which the agriculture overlay zone may be applied is two (2) acres. However, the agriculture overlay zone may be applied to a parcel of property less than two (2) acres in size if the parcel is located adjacent to another parcel to which the agriculture overlay zone has been previously applied.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

3. Permitted and Prohibited Uses. All uses permitted in the underlying zone shall be permitted in the agriculture overlay zone. In addition, the following additional agricultural uses shall also be permitted in the agriculture overlay zone:
   • Forestry
   • Orchards
   • Gardening
   • Plant Nursery

(Ord. No. O-02-0028, Enacted, 08/06/2002)

4. Animals. Animals shall only be allowed in the agriculture overlay zone in accordance with the standards set forth in Section 22-6-10(C). Accessory structures for the keeping of animals and fowl such as barns, pens, and corrals shall be located at least one hundred feet (100') from the nearest dwelling and from any public street. The raising and sheltering of farm animals shall be limited to the buildable area of the lot and shall be permitted only where the use thereof and the products therefrom are primarily for the use or home consumption of the landowners or occupant of the lot. Appropriate fencing shall be provided to ensure that all animals are kept within the buildable area of the lot.

(Ord. No. O-02-0028, Enacted, 08/06/2002; Ord. No. O-2014-0029, Amended 08/26/2014)

5. Application. The agriculture overlay zone may be applied to property in any rural or low-density residential zone and in any industrial or research and development zone.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

6. Development Standards. Except as expressly modified in this Section 22-12-6, all development standards applicable in the underlying zone shall apply in the agriculture overlay zone.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

7. Accessory Structures. Carports and other detached accessory buildings not having walls shall be set back a minimum distance of three feet (3') from an interior side or rear property line.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

8. Property Maintenance. The area around all structures in the agriculture overlay zone shall be kept free from refuse and debris, and all waste containers shall be concealed from the view of adjacent properties.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

9. Eminent Domain Policy. It shall be the policy of the City of Orem not to exercise the power of eminent domain as to property located in the agriculture overlay zone unless no other property may reasonably meet the purposes for which the power of eminent domain is exercised, or the alternatives to acquiring or using the property in the agriculture protection zone would result in substantially greater expense to the City than the acquisition of or the location of the proposed project upon property located in the agriculture protection zone.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

10. Intent to Preserve Existing Agricultural Uses. The City of Orem hereby declares its intent to promote and preserve existing agricultural uses within the City; provided, however, that nothing herein shall be construed to prohibit an owner or agricultural property from ceasing the agricultural use of the property or applying for a zone change. The City further affirms its intent not to enact any ordinance, resolution or policy that would unreasonably restrict agricultural structures or agricultural practices unless necessary to promote the public health, safety and welfare.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

11. Nuisance Protection. The City recognizes that the practice of the agricultural uses permitted herein may result in occasional excess light, noise, dust or smoke. Such occasional excess light, noise, dust or smoke shall not be considered a nuisance under the ordinances of the City of Orem provided that such conditions are occasional and not continuous, are the result of normal and accepted agricultural practices, and do not pose a threat to the public health, safety or welfare.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

12. Notice on Plat. The owner(s) of any new subdivision located within three hundred feet (300’) of an agriculture overlay zone shall provide the following notice on any plat submitted to the City:

    This property is located in the vicinity of an agriculture overlay zone in which certain agricultural uses are permitted. There may be certain negative effects associated with the agricultural practices that may be conducted in the agriculture overlay zone such as excess light, noise, dust, smoke etc. The use and enjoyment of the property included within this subdivision is expressly conditioned on acceptance of any annoyance or inconvenience, which may result from such agricultural uses and activities.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

13. Sale of Products as Valid Accessory Use. The sale of produce or products harvested from land within an agriculture overlay zone may be conducted on the property from which the produce/products were harvested as a valid accessory use.

(Ord. No. O-02-0028, Enacted, 08/06/2002)

Effective on: 1/1/1901

1. Purpose. The purpose of the ASH zone is to accommodate and encourage the development of affordable senior housing. The purpose of the ASH zone is accomplished by:
   1. Allowing densities higher than typical residential developments;
   2. Establishing minimum standards for landscaping, building and site design, public safety, lighting, and other similar site improvements; and
   3. Requiring standards that enable affordable senior housing to fit into the surrounding neighborhood.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

2. Definitions.

   For purposes of this section, the following terms are defined as follows:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

7. Repealed.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-05-0039, Amended, 11/22/2005)

8. Site Plan.
   1. The City Council shall approve or deny all site plans after receiving a recommendation from the Planning Commission, except however, after construction of the hospital the Planning Commission shall approve or deny site plans for development of any accessory uses/structures if the site plan is in nonresidential zones. A hospital and its accessory uses/structures proposed as one development may be approved as a single site plan by the City Council.
   2. The site plan shall include any conditions necessary to ensure compliance with the provisions of Section 22-14-20, Site Plan Requirements. Such conditions shall include, but not be limited to, any street and public facility improvements, on and off the site, that are necessitated by the development.
   3. The site plan shall include a traffic study analyzing possible impacts on surrounding streets and intersections.
   4. The site plan shall include an economic impact analysis describing the positive and negative fiscal impacts the development will have on City services.
   5. The City Council may reduce the size of a hospital or hospital site plan if the traffic impact on the surrounding streets or neighborhoods outweighs the benefits of a hospital.
   6. The proposed hospital shall comply with all the criteria for hospitals under Title 26-21 of the Utah Code Annotated, Health Care Facility Licensure and Inspections Act.
   7. The developer shall hold a neighborhood meeting explaining and reviewing the project and potential impacts on the neighborhood. Notice of the meeting shall be sent by the Developer/Applicant to all property owners within 500 feet of the proposed site plan. The developer shall summarize the neighbors' concerns in writing and submit the concerns with the site plan application.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

9. Area of Zone. The minimum area to be included in a Hospital Overlay zone shall be 15 acres.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

10. Building Height. The maximum height of structures in the HO zone shall not exceed eighty-four feet (84') if the HO zone is applied to the C3 or C2 zones or sixty feet (60') if the HO zone is applied to any other zone..

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-94-0007, Amended, 03/22/1994; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-06-0019, Amended 9/12/2006)

11. Setbacks. Front, side, and rear yard setbacks shall be a minimum of thirty feet (30 ').

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

12. Setbacks - Structures Over Permitted Height of Underlying Zone. The above specified yard requirements apply only to those structures that are within the height requirement permitted by the underlying zone. For any other structure which has been approved for increased height by site plan approval, all required yards shall be increased one foot (1.0') for every one foot (1.0') of building height in excess of the permitted height of the underlying zone. Any structure greater than thirty-five feet (35') when the underlying zone is a residential zone shall be set back at least one hundred fifty feet (150') from adjacent residential zones. Any structure greater than forty-eight feet (48') shall be set back at last two hundred feet (200') from any residential zone not included in the HO zone.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-94-0007, Amended, 03/22/1994; Ord. No. O-01-0021, Amended, 06/12/2001)

13. Landscaping. A landscape and irrigation plan shall be submitted for approval with the site plan. All approved improvements shall be installed prior to occupancy of the building. Thirty percent (30%) of the site shall be in approved landscaping, which shall include the requirements of subparagraph 2 below.
    1. Required yards. All setback areas shall be planted with desirable plant species which thrive in this region. Variations in ground plane by use of soil mounding is encouraged to screen parking areas and to enhance the landscaping and building architecture. Landscaping along arterial streets should comply with the City of Orem Tree Planting Plan.
    2. Parking areas. A minimum of ten percent (10%) of that portion of the site devoted to uncovered parking shall be landscaped. A minimum of one (1) fifteen (15) gallon tree per five (5) parking stalls shall be required in the parking area. All exposed parking areas shall be screened with landscaping, contouring and mounding.
    3. A thirty foot (30') bermed landscaped strip of grass and two inch (2") caliper trees shall be placed between parking areas and any dedicated City street. The trees shall be placed at the discretion of the developer but the minimum number of trees shall be equal to one (1) tree for every twenty-five feet (25') of the bermed landscaping strip.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

14. Signs. A detailed sign plan shall be submitted to the City for approval prior to occupancy of any new building, issuance of a building permit for any signs, or installation of any signs. Permitted signs include wall signs, canopy signs, freestanding monument signs, and hospital directional signs. All signs proposed in the HO zone shall comply with the provisions of CHAPTER 14 and the following regulations:
    1. Total Permitted Sign Area. The total maximum allowable area of all signs, including wall, canopy, freestanding monument, and hospital directional signs shall not exceed one square foot per lineal foot of building frontage.
    2. Freestanding monument signs. One freestanding sign shall be allowed for each city approved drive approach. All freestanding monument signs shall comply with the provisions of CHAPTER 14; however, one (1) freestanding monument sign on each street frontage of an hospital or collector street may exceed the minimum square footage requirement of CHAPTER 14 by thirty six (36) square feet. Said sign shall be no greater than six feet (6') in height.
    3. Wall & Canopy Signs. No wall or canopy sign shall be directed toward adjacent residential zones; unless wall sign is a minimum distance of two hundred feet from adjacent residential zone boundary, and sign is no higher than fifteen feet (15') from ground level.
    4. A hospital complex shall be permitted one (1) freestanding pole sign with a maximum height of eighteen (18) feet and one hundred (100) square feet in area. The pole sign must be located outside any clear vision area. The allowance of a pole sign under this section shall only apply to a hospital complex that is not permitted a similar sign under another provision of the City Code. Such sign shall have no visible interior support structures or poles.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2014-0001, Amended 01/14/2014)

15. Parking.
    1. Hospitals shall have at least one (1) stall per two hundred fifty (250) square feet of gross floor area. The City Council may modify the parking requirement if any interested party submits a certified parking study and the Council is convinced that the modification will provide sufficient on-site parking for the development.
    2. Medical or dental offices or clinics shall have at least one (1) parking stall for each two hundred fifty (250) square feet of gross floor area.
    3. Other uses shall have parking as required pursuant to Section 22-15 of this Chapter.
    4. Up to twenty-five percent (25%) of parking spaces strictly limited to employee use may be eight feet six inches (8'6") wide and sixteen feet (16') deep.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

16. Walls and fences. A solid masonry wall, at least seven feet (7') in height, shall be constructed along the common lot line with any property zoned residential. Any other walls or fences constructed in the HO zone shall comply with the provisions of Sections 22-14-10 and 22-14-19 of this Chapter. Chain link, barbed wire, razor ribbon or other similar fences are not permitted.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

17. Lighting. A lighting plan shall be submitted and approved as a part of the site plan.
    1. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits.
    2. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

18. Roof-Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound from such equipment shall be buffered from adjacent properties and streets.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

19. Trash Enclosures. Trash receptacle areas shall be enclosed by a six foot (6') high masonry wall with sight obscuring gates. No trash receptacle shall be located closer than twenty-five feet (25') to any residence. Trash shall not be picked up nor allowed to be picked up between the hours of 10:00 PM and 7:00 AM.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

20. Loading Areas. All nonpatient loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. Nonpatient loading/unloading shall not be between the hours of 10:00 PM and 7:00 AM.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

21. Acces​s. There shall be no vehicular or pedestrian access provided to any HO zone from any local street as defined by the Orem City Street Master Plan.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

22. Buffering. After receiving input from adjacent residents, the City Council may require the developer of an HO zone to install an approved fence or an increased amount of approved landscaping along any local street.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

23. Driveways. On-site roadways and traffic circulation shall be designed and located to reduce excessive speeds and negative impacts on adjacent residential uses.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

24. Expiration. If construction of the site plan has not commenced within two (2) years from the approval of the hospital overlay zone and site plan, the site plan shall expire and become null and void.

(Ord. No. O-93-0030, Enacted, 11/23/1993; Ord. No. O-94-0002, Amended, 02/08/1994; Ord. No. O-95-0024, Amended, 05/02/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Effective on: 1/1/1901

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

Effective on: 1/1/1901

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

4. Permitted Uses. Affordable senior housing dwelling units shall be permitted in the ASH zone. Accessory structures associated with affordable senior housing shall also be permitted in the ASH zone.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

5. Prohibited Uses. No use other than affordable senior housing is permitted in the ASH zone.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

6. Occupancy Requirements.
   1. Age and Income Requirement. Affordable senior housing units may be occupied only by elderly persons who are sixty (60) years of age or older and whose combined income (the income of all persons who occupy the unit) is at or below eighty percent (80%) of the median income for the Provo-Orem Metropolitan Statistical Area as published by the United States Department of Housing and Urban Development.
   2. Maximum Rent. The rent charged for affordable senior housing units may not exceed the standards and limits set forth in the current Department of Housing and Urban Development (HUD) published Fair Market Rents (FMR) for Utah County. Pursuant to these standards, rent includes the cost of utilities (except telephone).  For purposes of determining the maximum allowable rent, no unit shall be considered to have more than two bedrooms.

(Ord. No. O-2012-0027, Enacted, 10/09/2012; Ord. No. O-2016-0026, Amended 09/13/2016)

7. All Units in Same Building to Have Common Owner. All affordable senior housing units in a building must be owned by the same owner. Affordable senior housing units in a building containing more than one unit may not be developed as or converted to condominiums and may not be sold separately from the other units in the building.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

8. Lot size. The minimum lot size in the ASH zone shall be the same as the minimum lot size required in the underlying zone. An affordable senior housing development may only be developed on a parcel that is no greater than 0.50 acres in size. A parcel existing as of October 9, 2012 may not be subdivided to create more than one parcel on which an affordable senior housing development is located. The intent of this provision is to encourage the dispersal of affordable senior housing developments throughout the ASH zone. Subdivision plat amendments may be required as part of the approval process.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

9. Site Plan and Final Plat.
   1. The Owner/Developer of property located in the ASH zone shall submit an application for site plan approval for any project within the ASH zone. 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 ASH zone site plans shall be the Planning Commission.
   3. Any final plat for the ASH zone shall be prepared by a surveyor and engineer and shall be submitted to the City together with the required fee.
   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 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 City Engineer, unless the final plat has been recorded in the Office of the Utah County Recorder.
   6. The location of the ASH zone is designated in Appendix Z of the Orem City Code. At the time of site plan approval, the official zoning map of Orem City shall be changed to show the location of the overlay zone for that specific affordable senior housing development.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

10. 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 (if needed), 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-2012-0027, Enacted, 10/09/2012)

11. 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 drawing and documents as required by Article 22-14-20 of the Code.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

12. 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-2012-0027, Enacted, 10/09/2012)

13. 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-2012-0027, Enacted, 10/09/2012)

14. 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 is 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-2012-0027, Enacted, 10/09/2012)

15. Development Standards and Requirements. The following development standards and requirements apply to all affordable senior housing developments in the ASH zone.
    1. Density. The maximum density allowed shall be four (4) dwelling units per lot and the minimum density shall be two (2) dwelling units per lot.
    2. Attached Units. All units on a parcel must be attached in a single building.
    3. Square Footage. The minimum square footage per dwelling unit shall be five hundred (500) square feet. The maximum square footage per dwelling unit shall be nine hundred (900) square feet. 
    4. Number of Bedrooms.  The maximum number of bedrooms is two (2) per unit.
    5. Floors Above Grade. The maximum number of floors above grade shall be one (1). Basements shall not be allowed
    6. Setbacks. All dwelling units shall be set back a minimum of twenty (20) feet from any public right-of-way and the back of sidewalk. The interior side setback shall be ten (10) feet and the rear setback shall be twenty (20) feet. All parking spaces, drives, and carports shall be set back a minimum of twenty (20) feet from any public right-of-way. All setbacks adjacent to dedicated streets shall be landscaped with lawns, trees, and shrubs.
    7. New Construction. An affordable senior housing development must be new construction. An existing building or structure that was not originally approved as affordable senior housing may not be converted to affordable senior housing under this section.
    8. 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.
    9. Landscaping. A landscaping plan shall be submitted to the City for approval as a part of the site plan. All landscaping requirements shall be completed within ninety (90) days of issuance of certificate of occupancy. 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 ASH 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 dwelling unit 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. Existing trees or shrubs shall not count towards the minimum required number.
    10. Lighting Plan. All ASH 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 ASH development;
        3. prevent glare onto adjacent properties; and
        4. enhance the appearance and design of the project.
    11. Parking. Each dwelling unit shall be provided no less than one and one-half (1.5) parking stalls. One (1) covered stall shall be required for each unit. All parking spaces shall measure at least nine (9) feet by eighteen (18) feet. 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 walk ways. All parking for an ASH development shall be located in the rear yard with the following exceptions:
        1. One garage containing either one or two parking spaces may be provided in front of or to the side of the primary building (the building containing the residential units) provided the garage is attached to the primary building.
        2. Parking spaces are allowed in a side yard that is not adjacent to a public street if no part of the parking space(s) extends further into the side yard than the front elevation of the primary building. The purpose of this requirement is to require parking stalls to be screened from view from the street adjacent to the front yard. The entire rear yard and any side yard containing parking spaces that are not fully enclosed in a garage shall be fenced with a sight-obscuring fence at least six feet in height and no more than eight feet in height. The required fence shall be constructed of wood, vinyl, or masonry. 
    12. 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 a proposed ASH development.
    13. Irrigation Ditches. Irrigation ditches within the development or along street rights-of-way adjacent to the development shall be piped.
    14. The finish materials of all exterior walls shall consist of a minimum of 30% brick or stone. Up to 70% of the exterior finishing materials may also consist of  cement fiber board siding (Hardiboard), vinyl siding or stucco, Board, batten or shake material accents are permitted.  Wood and vinyl siding is prohibited except for trim or soffits.  The exterior finish of each exterior wall shall be substantially similar. Metal or vinyl soffits and trims are permitted and do not count in the percentages required above.
    15. Door Orientation. The front door for each unit in a building shall be located on a different elevation of the building and shall not face in the same direction as any other front door.
    16. Storm Water Runoff Plan. All developments in the ASH zone shall have a storm water runoff plan designed to accommodate a 25 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.
    17. Accessory Apartments. Accessory apartments are not permitted within the ASH zone.

(Ord. No. O-2012-0027, Enacted, 10/09/2012; Ord. No. O-2016-0026, Amended 09/13/2016; Ord. No. O-2017-0027, Amended 09/12/2017; Ord. No. O-2019-0013, Amended 5/13/2019)

16. Annual Report. The owner of an affordable housing development other than the Utah County Housing Authority must submit to the City a report on or before January 15 of each year that provides detailed information verifying that the residents meet the age and income requirements of this ordinance and that the rent charged for each unit complies with the requirements of this ordinance. The owner shall certify under oath that the owner has complied with these requirements at all times during the previous year and that the owner is currently in compliance with such requirements. The City may, at the City’s discretion, require the owner to provide additional information, including but not limited to receipts, statements, rental agreements and resident tax returns that demonstrate to the City’s satisfaction that the owner has complied with these requirements.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

17. Violations. Any person who violates the occupancy requirements contained in subsection 22-12-7(F) or any other provision of this section 22-12-7 shall be guilty of a Class B misdemeanor.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

18. Standards of Underlying Zone Apply Where Not Modified. Except as otherwise modified in this section 22-12-7, the provisions and standards of the underlying zone shall apply in the Affordable Senior Housing zone.

(Ord. No. O-2012-0027, Enacted, 10/09/2012)

Effective on: 5/14/2019