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

Effective on: 1/1/1901

1. The lot was legally on record in the county recorder's office as a separate lot at the time of the passage of this Chapter.
2. Side setbacks are at least equal to those required in the R6.5 Residential Zone.
3. All other requirements applying to dwellings in the zone are complied with except for side setback requirements.

(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)

Effective on: 1/1/1901

(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)

Effective on: 1/1/1901

(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-95-0013, Amended, 02/28/1995; Ord. No. O-01-0021, Amended, 06/12/2001)

2. If the site to be vacated is within the City, the applicant shall clean up the vacated site, remove all old brick, lumber, debris and trash, fill in or otherwise dispose of any basements and/or foundations, and restore the site to a safe and sightly condition.

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

3. If, after a period of six (6) months, all of the changes and improvements necessary to bring the structure into compliance with the City's codes have not been completed, the bond specified in subparagraph (A)(6) above shall automatically forfeit to the City. The City shall then use the bond monies to complete all necessary changes or improvements. Any monies remaining after the completion of the improvements shall be returned to the applicant who posted the bond. The six (6) month period allowed to complete the structure and improvements may be extended for an additional three (3) months by approval of the Chief Building Official. The extension may be granted for weather related factors or other factors deemed to be good cause for granting the extension.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-96-0002, Amended, 01/02/1996; Ord. No. O-01-0021, Amended, 06/12/2001)

4. No person shall occupy or use nor shall any person permit any other person to occupy or use any house, building or other structure which has been brought into the City or which has been moved from one lot in the city to another unless and until the conditions of this section have been complied with and a certificate of occupancy has been obtained from the Chief Building Inspector.

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

5. No building shall be temporarily located on any site within the City for more than sixty (60) days. "Temporarily located" shall mean located on any site which is not intended to be the permanent location for the building and which site has not been approved pursuant to the provisions of this section. Permission to temporarily locate a building on any site for more than sixty (60) days may be granted only by the City Manager upon good cause shown.

(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. The Planning Commission may control the hours of operation of permitted business activities conducted outside of a building or accessory structure within any commercial zone.

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

3. Commercial properties, including buildings and front, side, and rear yard area shall be properly maintained. Such maintenance shall include proper upkeep and painting of buildings, and the removal of all trash, debris, weeds and inoperable vehicles or other items or materials that may create visual pollution or otherwise detract from other properties.

(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)

Effective on: 1/1/1901

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

2. Each loading space shall not be less than ten feet (10') in width, twenty-five feet (25') in length, and fourteen feet (14') in height.

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

3. The required off-street loading area shall be located on the same lot with the use it is intended to serve and may occupy any side or rear yard thereon.

(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-96-0002, Reserved, 01/02/1996; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0010, Enacted, 04/22/2003)

Effective on: 1/1/1901

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-08-0027, Amended 10/28/2008; Ord. No. O-2019-0013, Amended 5/14/2019)

2. Residential Lots. The entire front yard and side yard adjacent to a street (excluding driveways and sidewalks) of developed lots in residential zones shall be landscaped. The area of driveways on residential lots shall not exceed sixty percent (60%) of the area of the front yard or side yard in which the driveway is located. The area of all driveways on a corner lot shall not exceed fifty percent (50%) of the combined area of the front yard and side yard adjacent to a street.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-99-0023, Amended, 05/25/1999; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-08-0027, Amended 10/28/2008)

Sample Landscape Plan, provided by Localscapes.com

3. Commercial, Industrial, Business Park, and Multiple Family Lots. In addition to the landscaping requirements set forth in other sections of the City Code, developed lots in commercial, industrial, business park, and multiple-family residential zones shall comply with the following requirements:
   1. The strip of land between the back of the curb and the lot line, exclusive of sidewalks shall be landscaped.
   2. All landscaped areas shall be separated from off-street parking areas and driveways by a concrete curb or other material approved by the City.

   3. Unless expressly allowed by another section of the City Code, a required landscape area along State Street or University Parkway may not be graded to a level that is below the average grade of the front and back of the required landscaping. A required landscape area may not be graded to a depth of greater than one foot below grade when adjacent to a collector or arterial street (other than State Street or University Parkway) or to a depth of greater than three feet below grade when adjacent to any other street. The depth of any point in a landscape area shall be calculated by measuring it against the average grade of the two points located at the front and back of the required landscaping along a line that runs perpendicular to the adjacent street.

   4. Where the buffered sidewalk design is used, the strip of land between the back of curb and the sidewalk shall be landscaped and contain deciduous trees as set forth in Appendix U. Trees shall be spaced at a maximum of forty feet (40’) on center, midway between curb and sidewalk, except as outlined in section 22-8-8 (B)(4)(d).

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-08-0027, Amended 10/28/2008; Ord. No. O-2017-0032, Amended 11/14/2017; Ord. No. O-2019-0013, Amended 5/14/19)

4. All Developed Lots. The following shall be applicable to developed lots in all zones.
   1. At least fifty percent (50%) of each contiguous area required to be landscaped under this chapter shall be planted and maintained with some combination of grass, shrubs, trees, flowers, vines, or other living plants (excluding weeds). A contiguous area is an area that is not divided by sidewalks, drive accesses, parking, buildings, or other similar dividing features (see Figure 1). No vegetation coverage higher than 24 inches above grade shall be counted toward the total coverage requirement. For example, a tree canopy with foliage at a height of ten feet would not count as vegetative coverage for area other than that occupied by the tree trunk. All areas required to be landscaped that are not covered with living plants as described above shall may be covered and maintained with:
      1. bark chips, mulches, and peat moss;
      2. decorative rocks, bricks, boulders, gravel (provided that all such decorative materials are installed with a depth of four inches (4”) or more with a weed block barrier underneath). The use of decorative rocks, boulders, and gravel is only permitted to the extent that such materials are part of a deliberate landscaping plan and not the result of the natural state of the land or neglect of the landscaping);
      3. ornamental objects such as fountains, pools, statues, retaining walls, and benches; or
      4. artificial or synthetic turf that: (1) is a soft polyethylene green synthetic fiber, (2) has a minimum length of 1-1/2 inches (3) resembles real grass, (4) is ultra-violet light (UV) protected, treated, and tufted on a porous backing, (5) has a surface that is infilled with a natural material such as sand, (6) is permanently affixed to the ground to create a stable, weighted surface, (7) is installed over a landscaping fabric that prevents the infiltration of weeds or unwanted vegetation, (8) is installed on a surface that is designed, compacted, and graded for positive drainage. However, artificial and synthetic turf are not allowed in any landscaped buffer strip located between a public street and a required sidewalk.
   2. The use of native, low maintenance, drought-tolerant plants in combination with non-living materials that help retain moisture such as mulch and decorative gravel (xeriscape) is encouraged to meet the landscaping requirements described above. A non-exhaustive list of native, drought-tolerant species can be found in Appendix “VV”.
      1.  
   3. The minimum required living landscape coverage requirement shall be reduced from 50% to 45% where three or more trees are maintained in the front yard or side yard adjacent to a street over and above the number of trees that are required in such areas elsewhere in the City Code.
   4. Figure 1: Example Diagram of Contiguous Areas

1. 4. All required landscaped areas shall be maintained in a neat, clean, and orderly condition and in accordance with good landscape maintenance practices. This includes proper pruning, lawn mowing, weeding, removing of litter, fertilizing, replacing of dead plants and the regular watering of all living material within landscaped areas. Required landscape maintenance also includes the removal of trees that pose a safety hazard; trees that are dead, decayed, or diseased; and weeds or debris that constitute unsightly appearance, present a danger to public safety and welfare, or prove detrimental to neighboring properties. 
   5. The following images provide examples of specific landscaping principles as noted.

Example of ~90% Living Vegetation Coverage with Traditional Lawn

Example of ~85% Vegetation Coverage with a Traditional Lawn and Some Xeriscape

Example of ~90% Living Vegetation Coverage with Xeriscape and Some Traditional Lawn

Example of ~85% Living Vegetation Coverage with Xeriscape

Example of ~80% Living Vegetation Coverage with Xeriscape

Example of ~75% Living Vegetation Coverage with Xeriscape

Example of ~70% Living Vegetation Coverage with Xeriscape

Example of ~85% Living Vegetation Coverage with a Dry Riverbed Feature

(Ord. No. O-08-0027, Enacted 10/28/2008; Ord. No. O-2019-0013, Amended 5/14/19)

Effective on: 5/14/2019

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0003, Amended 01/10/2012; Ord. No. O-2019-0013, Amended 5/13/2019)

Effective on: 5/14/2019

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0009, Amended, 2/27/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0029, Amended, 9/9/2003)

2. The Finance Director may grant a home occupation permit in the residential zones, provided the use applied for meets each and every one of the standards set forth in this Section.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0009, Amended, 2/27/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0029, Amended, 9/9/2003; Ord. No. O-2021-0003, Amended 1/12/2021)

3. A home occupation permit shall be obtained from the Finance Department before such home occupation is established. The permit shall have an annual fee established by resolution of the City Council.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0009, Amended, 2/27/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0029, Amended, 9/9/2003; Ord. No. O-2021-0003, Amended 1/12/2021)

4. Home Occupations. As a matter of public policy, commercial and industrial activities should be conducted in zones where such activities are specifically permitted. Except as otherwise specifically provided, it shall be unlawful to conduct a business or occupation in a residential dwelling unless a home occupation permit has been issued by the City. The Director of Finance may issue a home occupation permit to allow limited business activities to be conducted within a residential dwelling located in any zone in the City if the following requirements are met:
   1. A business license has been issued for the home occupation pursuant to CHAPTER 12 and the permitted pays an annual business license fee in an amount established by resolution of the City Council.
   2. The home occupation is clearly incidental to and secondary to the residential use of the dwelling unit and does not occupy more than one thousand (1,000) square feet or forty percent (40%) of the total floor area of such dwelling unit, whichever is less. Enclosed garages and accessory buildings may be used in conjunction with the home occupation, the square footage of which shall count toward the maximum allowed for the home occupation.
   3. The home occupation is carried on solely by one or more of the members of the immediate family who reside in the dwelling unit. However, where the home occupation business will generate little or no vehicular traffic beyond what that particular residence generates without the home occupation, and where customers will not travel to the home to receive or pay for products or services, the City shall allow a maximum of one (1) employee who does not reside at the home provided that one (1) off-street parking stall measuring at least 8’ x 18’ is located on the lot. The driveway shall not be used for the required parking stall unless the dwelling has an attached three (3) car garage.
   4. The home occupation does not have any external evidence of the home occupation nor any exterior displays, displays of goods, nor advertising signs visible from outside of the dwelling unit. No activity related to the home occupation shall be conducted outside the dwelling unit and the storage of materials or products outside the dwelling unit is prohibited.
   5. The home occupation or combination of all home occupations in a residential dwelling shall not generate more than two vehicular round trips related to the home occupation(s) during any single hour, nor shall they generate any traffic between the hours of 6:00 p.m. and 7:30 a.m.
   6. All residents, visitors and employees who arrive at the home because of the home occupation shall be legally parked on the lot occupied by the residence or on that part of the street which immediately abuts the lot.
   7. A home occupation may be allowed in a residential structure with an accessory apartment (whether in the main dwelling, accessory apartment, or both) only if the home occupation does not have (1) customers who come to the home, (2) deliveries to the home, or (3) an employee who lives outside the home. The existence of any of the above three factors after issuance of a home occupation permit shall be grounds for revocation of the permit.
   8. No vehicle weighing in excess of twenty thousand (20,000) pounds, gross weight, may travel to the residence for purposes of servicing the home occupation.
   9. The home occupation must not emit noise, odor, dust, fumes, vibration, smoke, electrical interference or other interference with the residential use of adjacent properties. The storage or use of flammable, explosive or other dangerous materials in connection with a home occupation is prohibited.
   10. The home occupation must comply with all City building and fire codes.
   11. Home Day Care Services are exempt from the requirements of this Section and are governed by Section 22-6-9.
   12. Any repair business listed in Appendix A of the Orem City Code with a Standard Land Use Code 64XX shall not be permitted as part of a home occupation.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. 690, Amended, 07/23/1991; Ord. No. O-97-0020, Amended, 03/25/1997; Ord. No. O-98-0015, Amended, 02/24/1998; Ord. No. O-01-0009, Amended, 2/27/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0048, Amended, 12/04/2001; Ord. No. O-03-0029, Amended, 9/9/2003; Ord. No. O-2013-0012, Amended 05/28/2013; Ord. No. O-2021-0003, Amended 1/12/2021)

Effective on: 4/10/1990

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

2. A satellite earth station shall be located behind the front setback line in all zones.

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

3. In the residential and open space zones, satellite earth stations shall not be used for commercial purposes, but shall be for private use only.

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

4. In the residential and OS5 zones, satellite earth stations mounted to the ground shall not exceed a maximum height of twenty feet (20') above grade. In all other zones, satellite earth stations mounted to the ground shall not exceed the maximum height for structures in the 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. No person shall launch or land any ultralight vehicle within the City except at facilities and sites approved by the Planning Commission.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-96-0002, Amended, 01/02/1996; Ord. No. O-01-0021, Amended, 06/12/2001)

3. The Planning Commission may approve a temporary launching and/or landing site for use by ultralight vehicles provided the following requirements are met:
   1. The proposed site must be located in a zone where a facility for the landing and taking off of aircraft is a permitted use.
   2. An application for a temporary location must be submitted to the Development Services Department at least thirty (30) days prior to the date the location is to be used if approved by the City Council.
   3. The application shall include:
      1. The names, addresses and telephone numbers of all the pilots who will use the location.
      2. The location desired for temporary use by ultra-light vehicles.
      3. The time period during which the location will be used.
      4. How the temporary location will be delineated to alert and caution pedestrians and spectators of the possibility of low flying ultralight vehicles.
      5. A written statement from the property owner of the proposed location giving permission for the property to be used for a temporary launching and/or landing site.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-96-0002, Amended, 01/02/1996; Ord. No. O-01-0021, Amended, 06/12/2001)

4. Operators of ultralight vehicles shall observe all FAA rules and regulations which pertain to ultralight vehicles.

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

5. The following shall apply to all permanent ultralight vehicle fields.
   1. The landing strip shall have a minimum length of three hundred feet (300') and a minimum width of one hundred feet (100').
   2. The minimum clear zone shall extend at least two hundred fifty feet (250') from the ends of the landing strip, and shall have a minimum approach slope of five feet (5') horizontally to one foot (1') vertically (5:1 slope).
   3. Traffic patterns shall be determined by the ultralight vehicle field operator and shall be clearly posted.
   4. Traffic pattern altitudes shall be designated by the ultralight vehicle field operator and shall be at least three hundred feet (300') above the ground level of the landing strip.

(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; Ord. No. O-03-0034, Amended, 10/14/2003)

2. Temporary sites shall be restricted to the C1, C2, C3, PD-4, PD-5, PD-12, PD-22, HS, M1, and M2 zones. The use on the temporary site must be a use that is a permitted use in the zone..

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0034, Amended, 10/14/2003; Ord. No. O-06-0032, Amended 11/14/2006; Ord. No. O-2012-0029, Amended 10/23/2012)

3. The City Manager shall be the final approving authority for all proposed temporary site plans. The City Manager shall have authority to approve, conditionally approve, or deny any temporary site plan application.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0034, Amended, 10/14/2003)

4. The Development Review Committee shall evaluate the impact of each temporary site. The Development Review Committee shall recommend to the City Manager that the temporary site be approved, denied, or approved with conditions and restrictions, including those specifically contained herein, as will assure that the site plan is compatible with the zone and the neighborhood in which it is to be located.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0034, Amended, 10/14/2003)

5. The City Manager shall impose a time limit upon all temporary sites. The time limit shall not exceed one hundred eighty (180) consecutive days which shall begin from the date of the issuance of the business license. Paragraph (O) provides an exception to this requirement.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-03-0034, Amended, 10/14/2003; Ord. No. O-2017-0007, Amended 03/28/2017)

6. Any temporary site plan permitted by the City Manager which complies with the specific requirements of this Chapter and any conditions and restrictions which may be imposed by the City Manager shall be deemed to be a permitted temporary site on the lot on which it is thus permitted. Once a temporary site plan is permitted, however, the use shall not be enlarged, extended, changed, increased in intensity, or relocated unless an application is made for a new or revised temporary site plan.

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

7. All temporary site plans shall satisfy the following general standards:
   1. The proposed use at the specified location shall be a permitted use within the zoning district.
   2. No motor vehicle or trailer from which sales are transacted shall be part of the site plan; except, trailers used to collect recyclable materials, such as aluminum or paper, may be approved as a part of a temporary site plan.
   3. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or adversely impair the value thereof.
   4. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
   5. Signs shall be regulated by the provisions of the Sign Ordinance.

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

8. All applications for temporary site plans shall be accompanied by the following items:
   1. Four (4) copies of a plat drawn to designated scale containing the following information:
      1. Boundaries of the entire property.
      2. Total area of the property in square feet.
      3. Location of existing structures, with dimensions, including height.
      4. Location of proposed additions, with dimensions, including height.
      5. Public right(s)-of-way, indicating width.
      6. Proposed ingress and egress from street.
      7. Parking spaces, existing and/or proposed.
      8. Location of existing and/or proposed utilities.
      9. Where applicable, fencing, landscaping, screening and outside lighting.
   2. A written statement from the applicant describing the proposed use, giving all pertinent data, including specifically:
      1. Type of operations.
      2. Hours of operation.
      3. Estimated number of patrons, clients, patients, pupils, etc.
      4. Proposed number of employees, attendants, etc.

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

9. An application for a temporary site plan may be made by any property owner, lessee, contract purchaser, official, department, board or bureau of any government. A contract purchaser or lessee must file, with the application, a copy of the contract or some form of written statement which indicates the endorsement of the application by the property owner.

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

10. The applicant shall pay a fee as established by resolution of the City Council.

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

11. The use on a temporary site shall not be relocated on the same site for one hundred eighty (180) consecutive days. The only exceptions to this requirement are the collection of recyclable materials, and those listed in paragraph (O) of this Section.

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

12. The applicant shall remove within thirty (30) days of the expiration of the approval, any structure used for the temporary site. A bond, in an amount determined by the City, shall be posted with the City to guarantee the removal of such structures.

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

13. After expiration of the temporary site plan, the applicant shall restore the site to its approved original site plan. If no original site plan exists, the applicant shall restore the site to its original condition. No person shall destroy or remove landscaping installed as a part of the temporary site development.

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

14. The applicant shall comply with any condition imposed by the City Manager. Conditions may include additional off-street parking, on-site landscaping, or any other physical improvements. In determining whether such improvements should be required, and in determining whether the temporary site plan shall be approved, denied or approved with conditions, the City Manager shall consider the following:
    1. Harmony of the request with the general objectives of the Master Plan, the Zoning Ordinance, and the particular zone in which the request is located.
    2. Harmony of the request with existing uses in the neighborhood.
    3. Development or lack of development adjacent to the site.
    4. Whether or not the request may be injurious to potential development in the vicinity.
    5. Present and future requirements for transportation, traffic, water, sewer, and other utilities.
    6. Suitability of the specific property for the proposed use.
    7. Economic impact of the proposed use on the neighborhood.
    8. Aesthetic impact of the proposed use on the neighborhood.
    9. Attempts by the applicant to minimize other adverse effects on people and property in the area.
    10. Impact of the proposed use on the health, safety and welfare of the City and persons owning property in the area.
    11. The anticipated parking needs for the site.

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

15. The City Manager may grant approval of a temporary site for up to one (1) year if the following conditions are met:
    1. The applicant shall have received site plan approval to build on a new site or expand a current site within the City.
    2. The applicant shall have begun construction and shall be making progress toward completion of the new or expanded site.
    3. The temporary site shall be used to house the business moving into the new or expanded site.
    4. The City Manager may, if the applicant shows good cause, grant up to one 6 month extension for temporary site plans approved pursuant to this paragraph (O).
    5. Except as specifically excepted by this paragraph (O), all standards and requirements applicable to regular temporary site plans shall be applicable to temporary site plans approved pursuant to this paragraph.

(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; Ord. No. O-01-0027, Amended, 08/07/2001;)

2. Application. The applicant for a fence permit in a residential zone shall submit a site sketch to the Department of Development Services. The sketch shall show the lot, the location of the fence on the lot, the proposed height(s) of the fence, the elevation of the lot and surrounding properties, the location of driveways on the lot and adjacent properties, and the street alignment for one hundred eighty feet (180') to either side of the lot. The applicant for a fence permit in a nonresidential zone shall submit a site plan as required in Section 22-14-20 to the Department of Development Services.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001)

3. Residential Zones. The following restrictions shall apply to all fences located in residential zones:
   1. Clear Vision Area.
      1. Sight-obscuring Fences in Clear Vision Area. No sight-obscuring fence or any part thereof may be constructed or maintained in a Clear Vision Area (as defined below) unless such fence is no higher than three feet (3’) above the height of the grade of the nearest public street right of way line (normally back of sidewalk, back of curb or edge of asphalt). A retaining wall in the Clear Vision Area shall be considered a fence.
      2. Other Obstructions in a Clear Vision Area. No vegetation, structure, earth berms or embankments, or other obstruction exceeding three feet (3’) in height above the height of the grade of the nearest public street right of way line (normally back of sidewalk, back of curb or edge of asphalt) shall be maintained within a Clear Vision Area. However, trees exceeding this height may be located in a Clear Vision Area provided that all branches and foliage are removed to a height of eight feet above grade.
      3. The Clear Vision Area of a lot is defined as follows:

         (1). Intersection of Two Streets. The Clear Vision Area for a lot located at the intersection of two streets shall be an area within a triangle contained within the following three points:

         Point A: The intersection of the curb face lines located adjacent to the intersecting streets. If the curb face lines form a rounded corner, the curb face lines shall be extended in a straight line to a point of intersection.

         Point B: A point on the curb face adjacent to one of the intersecting streets and either forty-five feet (45’) from Point A (if the lot line is adjacent to an arterial or collector street) or thirty-five feet (35’) from Point A (if the lot line is adjacent to a local, sub-local or nonstandard street).

         Point C: A point on the curb face adjacent to the other intersecting street and either forty-five feet (45’) from Point A (if the lot line is adjacent to an arterial or collector street) or thirty-five feet (35’) from Point A (if the lot line is adjacent to a local, sub-local or nonstandard street).

         (2). Intersection of a street and a driveway or curb-cut. The Clear Vision Area for an intersection of a street and a driveway (including curb-cuts for potential driveways) shall also include the area within a triangle contained within the following three points (there shall be a Clear Vision Area on each side of the driveway):

         Point D: The point on the curb face where the edge of the driveway intersects the street pavement.

         Point E: A point on a line perpendicular to the street and twenty-five feet (25’) from Point D measured away from the street.

         Point F: A point on the curb face located adjacent to the street and twenty-five feet (25’) from Point D in the direction away from the driveway.

         (3). For purposes of determining the Clear Vision Area, if there is no curb face located adjacent to any intersecting street, the Clear Vision Area shall be calculated by substituting the edge of the right of way line for the curb face. Illustrations of the Clear Vision Area for the intersection of two streets and the intersection of a street and a driveway are shown in Appendix D which is incorporated herein by reference.

   2. Front Yard Setback. The maximum height of a sight-obscuring fence located within the required front yard setback outside of the Clear Vision Area shall be three feet (3'). The maximum height of a nonsight obscuring fence located within the required front yard setback shall be four feet (4').
   3. Other Areas. The maximum height of a fence on all other areas of the lot shall be seven feet (7’). The entire area between a fence and a street shall be maintained in landscaping.
   4. Modification of Clear Vision Area. The City Engineer may increase, reduce or eliminate the required Clear Vision Areas described above for any lot if the City Engineer determines that based on the existence or absence of certain factors affecting the safety of the intersection, that there is a need to maintain a larger Clear Vision Area on the lot or in the alternative, that there is no need to maintain a Clear Vision Area in accordance with the standards set forth above. The factors that the City Engineer may consider in making a modification to the Clear Vision Area requirements include, but are not limited to, the existence of traffic control devices, the grade of the streets, the angle and curvature of the intersection, the location of buildings, the average number of daily trips on the streets comprising the intersection, the existence and location of plants and structures, the posted speed limits, the condition of street pavement, and the width of the streets. The City Engineer’s determination shall be analysis based on the most current transportation guidelines found in A Policy on Geometric Design of Highways and Street produced by the American Association of State Highway Transportation Officials (AASHTO), the Traffic Engineering Handbook produced by the Institute of Transportation Engineers (ITE), and/or other documented contemporary references or guidelines used in the transportation industry. Any modification of the Clear Vision Area requirements set forth herein shall be made in writing and shall set forth the City Engineer shall make the adjustment of the Clear Vision Area in writing. The writing shall include the findings upon which the decision is based.
   5. Measurement of height. Except as otherwise provided, residential fence heights shall be measured from the sidewalk side or adjacent property outside side of the fence.
   6. Construction materials. No residential fence shall be constructed of any material other than masonry, precast concrete, chain link, vinyl plastic, wrought iron, stone, redwood, cedar wood or wood that has been treated to resist rot and decay.

(Ord. No. 661, Revised, 04/10/19901; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001)

4. Nonresidential Zones. The following restrictions shall apply to all fences located in nonresidential zones:
   1. Height. The maximum height of fences in nonresidential zones shall be eight feet (8’).
   2. Location. Location. No fence higher than three feet (3’) may be located in a required landscaped area in a front yard or side yard adjacent to a street. No fence shall be closer than ten feet (10’) to a public-right- of-way. No fence may be located in the clear vision area as outlined in Section 22-14-10 of the Orem City Code.
   3. Materials
      1. Fences in all nonresidential zones except for the M1 and M2 zones shall be constructed with stone, brick, block, stucco, cedar, vinyl, wrought iron or steel reinforced polyethylene panel that has the appearance of stone.
      2. Fences in the M1 and M2 zone shall be constructed with any of the materials described above or with chain link or chain link with factory installed sight-obscuring slats.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001; Ord. No. O-04-0046, Amended, 10/12/2004; Ord. No. O-2010-0016, Amended 06/22/2010; Ord. No. O-21-0012, Amended 05/24/2016)

The fence shall be constructed and maintained by the owner of the commercial, manufacturing or professional office development and shall be consistent in material, height, and design. The owner shall not allow any person or business to occupy or use any building located on the commercial, manufacturing or professional office parcel until all fences required by this section are completed and the City issues a Certificate of Occupancy.

5. Commercial / Manufacturing Fence Adjoining Residential Use. A masonry fence seven (7) feet high shall be constructed and maintained along any property line between a commercial, manufacturing, or professional office development and a residential zone. A steel reinforced, polyethylene, pre-panelized fence, which has the look of a pre-cast concrete fence with granite-textured panels may be substituted for a masonry fence. The height of the fence shall be measured from the commercial manufacturing or professional office side of the fence.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001; Ord. No. O-07-0025, Amended 04/10/2007)

6. Modification or Waiver of Fence Requirement. The City Council may modify or waive a fence requirement as described below. However, it is the intent of the ordinance to grant modifications and waivers only in unusual or exceptional circumstances.
   1. Modification. In all commercial, manufacturing, or professional office zones, except the C3 zone, the City Council may modify the height of the fence, and/or approve a fence constructed of materials other than those called for in Subsection (E) above, if it makes the following findings:
      1. The proposed fence provides an adequate buffer for the adjoining residential zone.
      2. The appearance of the fence will not detract from uses in the residential zone.
      3. The proposed fence will shield the residential use from noise, storage, traffic, or any other characteristic of commercial or professional office uses that are incompatible with residential uses.
   2. Waiver. In all commercial, manufacturing, or professional office zones, except the C3 zone, the City Council may waive a fence required by Subsection (E) above, if it determines that the fence is not necessary to provide a buffer between the residential zone and the commercial zone because:
      1. The fence would not create a significantly greater buffer between the residential and commercial zone than already exists due to natural topography or manmade barriers;
      2. The property in the adjoining residential zone is being used for a nonresidential use; or
      3. The owner of the adjoining residential property declares in writing that he/she does not desire a fence between the owner’s residential property and the adjoining commercial property.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0003, Amended, 01/06/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001; Ord. No. O-02-0002, Amended, 01/08/2002; Ord. No. O-07-0025, Amended 04/10/2007; Ord. No. O-09-0010, Amended 03/24/2009)

7. Ranch or Farm Fence. Ranch or Farm Fence. The maximum height of a nonsight obscuring ranch or farm fence shall be eight feet (8'). Ranch or farm fences are only allowed on parcels for which the primary use of land is ranching or farming. Ranch or farm fences shall not be required to comply with the setback requirements set forth above. However, a fence permit for a ranch or farm fence may be denied if the Director of Development Services (or his or her designee) determines that the fence would cause a public safety problem. Barbed wire shall not be permitted below seven feet (7') above grade .

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001)

8. Electric Fences. Electric fences are allowed in all zones under the following conditions:
   1. The parcel on which the fence is installed is larger than one (1) acre,
   2. The primary use of that parcel is the keeping of livestock,
   3. The fence is no more than one (1) wire carrying a pulsed current,
   4. The fence is placed a minimum of forty (40) inches above the ground,
   5. The fence is not in the front setback area nor within forty (40) feet of a public sidewalk, and
   6. The fence is clearly posted with the words, Caution - Electrified Wire, a minimum of every 50 linear feet.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-004, Amended, 03/17/1992; Ord. No. O-99-0046, Amended to delete I & J; Ord. No. O-01-0021, Amended, 06/12/2001, 08/07/2001; Ord. No. O-01-0027, Amended, 08/07/2001)

9. Concertina wire and outriggers. Concertina wire, barbed wire, and outriggers shall be prohibited in all zones except the M1 and M2 zones. Notwithstanding the foregoing, concertina wire, barbed wire, and outriggers may be used in connection with fencing around power substations, public culinary water treatment facilities, police firearms ranges, water reclamation facilities, public utilities facilities, and public water wells in any zone provided that the concertina wire, barbed wire, and outriggers are located at least seven feet above ground level. Where allowed by this section, concertina wire, barbed wire, and outriggers shall not count toward the maximum height of the fence.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-004, Amended, 03/17/1992; Ord. No. O-99-0046, Amended to delete I & J, 08/07/2001; Ord. No. O-01-0027, Amended, 08/07/2001; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-09-0020, Amended 08/11/2009)

10. Fences adjacent to Carterville Road.

Fences may be located in the front yard setback of dwellings along Carterville Road. However, the fences shall be no closer than four (4) feet from the edge of asphalt and shall not encroach into the clear vision triangle of driveways or streets. The maximum height of a fence regulated under this section shall be six (6) feet.

(Ord. No. O-2011-0020, Enacted 10/25/2011)

Effective on: 9/7/2018

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

2. Approval by the City. Anyone proposing to develop, construct upon, revise, add to or otherwise improve a site in a nonresidential zone, or establish a nonresidential use in a residential zone, or obtain a conditional use permit in any zone shall be required to obtain an approved site plan from the City. No development, construction, revision, or additions shall take place on the site 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. All applicable development, construction, revision, or additions shall take place in compliance with an approved site plan for that specific property.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

3. Approval Process.
   1. Development Review Committee. The Department of Development Services shall forward a complete site plan request to the Development Review Committee (DRC) members for review. The members of the DRC shall review the site plan request for compliance with the Orem General Plan and all City ordinances, resolutions, and policies. The DRC shall forward a site plan to the final approving authority only if it complies with the Orem General Plan and all City ordinances, resolutions, and policies. The DRC may make and forward to the final approving authority a recommendation in those instances permitted by City ordinances, resolutions, and policies.
   2. Planning Commission. Unless otherwise specified in this Chapter, the Planning Commission shall be the final approving authority for all site plans forwarded by the Development Review Committee and shall have the power to approve, approve with conditions if granted the authority by City ordinance, or deny a proposed site plan.
   3. City Manager. City Manager. The City Manager or designee, after review by the DRC, may exercise administrative approval for amendments to an existing site plan under the following conditions:
      1. The proposed amendment complies with current ordinance requirements for the zone in which the site is located; and

      2. The proposed amendments to the site are minor in nature and enhance the overall site. Minor amendments include, but are not limited to, the following:

         (1). Increasing the amount of parking.

         (2). Restriping the parking areas.

         (3). Reducing the building size.

         (4). Building additions, including new structures, where the proposed additions do not exceed ten percent (10%) of the existing square footage of the existing on-site building(s), whichever is less.

         (5). Relocating the on-site utility services.

         (6). Altering the exterior site lighting.

         (7). Increasing the amount of landscaping.

         (8). Relocating covered parking stalls or changing the number of covered parking stalls on a site. Parking stalls required by this Chapter to be covered shall not be reduced beyond the minimum number required by this Chapter.

         (9). Changing the exterior finishing materials from one acceptable material to another acceptable material as listed in the development standards for the zone in which the amended site plan is proposed.

         (10). Additions to an existing building that do not increase the Gross Floor Area of the building such as awnings, canopies, decks, patios, and architectural features designed solely to enhance the aesthetic appeal of the building provided that the value of the proposed addition does not exceed five percent (5%) of the replacement value of the building.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-2019-0025, Amended 8/27/2019)

4. Factors to Consider. The recommending authority and the final approving authority for the site plan shall consider all of the following items when reviewing a site plan:
   1. Whether the proposed site plan complies with the Orem General Plan, the Orem Transportation Master Plan, and the Orem Street Connection Master Plan, and 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 recommending authority and the final approving authority for the site plan, shall consider, among other things, the overall safety of the site, the impact the site will have on traffic and on surrounding properties, and the adequacy of police, fire, and utility services that can be provided to the site.
   3. If the proposed site plan is submitted in conjunction with a request for a conditional use permit, the final approving authority shall also weigh and consider the factors set forth in Section 22-4-4 of this Chapter.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-2017-0018, Amended, 06/13/2017)

5. Documentation. Anyone requesting approval of a site plan shall first submit to the Department of Development Services all of the following:
   1. A completed Development Review Application. An application for site plan approval shall expire if the application has not been approved or scheduled for review and approval by the approving authority within twelve months after the date it was submitted. An application for site plan approval shall also expire immediately following the passage of six months of no activity with respect to the application. The City shall provide written notice of a pending expiration to the applicant at least (30) days prior to the date that the application is deemed to have expired. Upon expiration, an application for site plan approval shall be considered null and void and a new application must be submitted and fees paid.
   2. Fees in the amount established by resolution of the City Council.
   3. A site plan drawing.
   4. Complete construction drawings for any proposed improvement of any public street and/or City utility on or adjacent to the site.
   5. A completed Industrial Waste Questionnaire on forms provided by the City of Orem and available in the offices of Public Works and Development Services.
   6. A preliminary title report prepared by a title company licensed to practice in the State of Utah. A preliminary title report shall be required except for applicants requesting a use that will locate in an existing building.
   7. A Storm Water Pollution Prevention Plan and a Long Term Storm Water Management Plan required by CHAPTER 23 of the Orem City Code. The Storm Water Pollution Prevention Plan shall be drawn on a separate sheet and to the same scale as the site plan.
   8. A traffic study prepared by an independent, professional traffic engineer if a site plan proposes any of the following: (i) seventy-five (75) or more parking stalls, (ii) a drive-up window, (III) more than two drive approaches from dedicated streets, or (iv) a corner lot where one or more of the streets is a collector or arterial street.
      1. The traffic study shall include all of the following:

         (1). An analysis of the off-site traffic impacts resulting from the development of the site and a description of the mitigation measures necessary to reduce the identified impacts

         (2). An analysis of internal traffic circulation patterns and their effect on ingress and egress from the site for emergency vehicles and the public.

      2. The final approving authority may impose traffic mitigation requirements based on the impacts identified by a traffic study prepared by the applicant, the City or any qualified independent traffic consultant. Nothing in this Section shall preclude the City from performing its own traffic study.
      3. The Development Services Director or his designee may waive the requirements of a traffic study if a new traffic study would be unnecessarily cumulative or otherwise not add to the information already available to the Development Services Director.
   9. For a site located within or adjacent to a residential zone, the applicant shall provide evidence of having complied with the neighborhood meeting provisions located at subparagraph "I" of this Section.
   10. For conditional use permits only a written narrative required by Section 22-4-3 of this Chapter of the Orem City Code.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-08-0017, Amended 07/22/2008; Ord. No. O-2015-0027, Amended 08/25/2015)Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-08-0017, Amended 07/22/2008; Ord. No. O-2015-0027, Amended 08/25/2015; Ord. No. O-2019-0027, Amended 8/27/2019)

6. Contents of Site Plan Drawings. The site plan drawings shall consist of one or more pages of maps or drawings drawn accurately to scale on paper no larger than 24 inches by 36 inches. The applicant shall submit five (5) copies of the proposed site plan drawings with the Development Review Application. An applicant whose site plan drawing is on paper larger than 11" X 17" shall submit one of the five copies reduced to a paper size of 11" by 17". If the site plan drawings were computer generated, the applicant shall also submit on a computer disk one computer aided design (CAD) drawing in a format acceptable to the City. The proposed site plan shall be drawn to a scale of one inch (1") or more to forty feet (40'). All drawings shall indicate the scale to which the drawings are done. All plan drawings shall indicate parcel boundaries with dimensions and shall have a North Arrow indicating north.
   1. The following notes shall be placed on the first sheet of any preliminary plat or site plan drawing:
      1. The fire protection items (fire hydrants, water mains, access roads, etc.) shown on this site plan are preliminary only. Detailed fire protection plans shall be submitted with the building plans. Plan reviews by the City of Orem Fire Prevention Bureau shall be completed prior to the issuance of a building permit. The plan reviews by the City of Orem Fire Prevention Bureau may identify additional fire protection requirements mandated by the International Fire Code. Fire hydrant foot valves shall be installed at the connection point with the main water lines.
      2. All landscaped areas shall have an automatic, underground sprinkling system which includes a back-flow device to the building. Back-flow devices shall be installed and tested in accordance with Section 21-1-14 of the Orem City Code. Water meter sizes shall be determined by the City of Orem Building Division at the time of building permit approval or when there is a request to change the water meter size. Water meters shall be located at the back of sidewalk or curb in an area that is accessible for reading and servicing. Water meters shall not be located within areas enclosed with fences or within ten feet (10') of any existing or proposed structure.
      3. If required by CHAPTER 20 of the Orem City Code or by the applicant's Permit for Industrial Wastewater Discharge, a sampling manhole and fat and oil separator/grease trap shall be installed in accordance with the City of Orem Standards and Specifications.
      4. All signage shall comply with the requirements of the Orem City Code.
      5. All utilities, including water and sewer laterals, water and sewer mains, storm water drains, storm water sumps, sewer manholes, water valves, etc., Water laterals or mains shall not be located under covered parking areas and shall be installed according to CHAPTER 21 of the Orem City Code.
      6. All roof drainage shall be routed through on-site storm water management facilities or to landscaped areas.
      7. At the time of construction, the City of Orem may determine based on professional experience and judgment and at its sole discretion, the need for the Owner/Developer to pay for, remove, and replace any existing substandard improvements such as curbs, gutters, sidewalks, drive approaches, driveways, decorative concrete, wheelchair ramps, etc., or any unused drive approaches.
      8. All construction shall conform to the City of Orem construction standards and specifications unless the improvement is within the UDOT right-of-way, in which case the construction shall conform to UDOT construction standards and specifications.
   2. Except as otherwise provided in subparagraphs "3" and "4" below, the site plan drawing for all site plans shall include all of the following items:
      1. Name of development.
      2. Name of applicant.
      3. Name of owner of property.
      4. Area of lot in square feet.
      5. Lot line dimensions.
      6. A vicinity map containing sufficient information to accurately locate the property shown on the plan.
      7. Tabulation table in the following format:

1. 1. 8. Names and locations of fronting streets and locations and dimensions of public streets, private streets, and driveways.
      9. Footprints of existing and proposed buildings and structures to include a notation of each building’s main finish floor height above grade, and the location of mechanical equipment and mitigation measures proposed to reduce noise impacts for such mechanical equipment.
      10. Location and size of existing and proposed sewer lines and manholes, storm drains and manholes, water supply main valves, water lines, culverts.
      11. Location of existing and proposed fire protection devices within the tract and within two hundred feet (200') of the boundaries of the proposed development. This shall include identifying required fire department apparatus access roads and proposed fire hydrant locations, as well as the International Building Codes specified construction type.
      12. Location, dimensions, and distance to property lines of existing and proposed drive accesses.
      13. Location and dimensions of existing and proposed curb, gutter and sidewalk.
      14. Location and dimensions of off-street parking spaces.
      15. Location, type, and design of surface water drainage system.
      16. Detailed landscape plan showing the location of landscaped areas with specific types of plants and their general locations.
      17. Drawings of proposed structure elevations, showing the height, dimensions, and appearance of proposed buildings and structures. If a project is in a zone that restricts exterior finishing materials, the site plan shall show and indicate the type of exterior finishing materials for all proposed structures.
      18. Location and description (height, materials) of existing and proposed fences.
      19. Location and description (dimensions, distance to property lines and type of lighting (direct or indirect)) of existing and proposed signs.
      20. Location of loading areas.
      21. Location of solid waste disposal facilities.
      22. Traffic circulation plan.
      23. Exterior display areas.
      24. Exterior storage areas.
      25. A contour map drawn at two foot intervals. This requirement may be waived in writing by the City Engineer if the average slope of the site is less than two percent (2%) and spot elevations are provided.
      26. Location and type of exterior lighting.
   3. The site plan drawing for an amended site plan that may be approved by the City Manager under authority of subparagraph "C" of this Section shall only be required to show the following:
      1. All existing features such as buildings, parking stalls, drive areas, landscaped areas, and exterior lights; and
      2. All proposed features with dimensions, distances from property lines, and proposed building elevations and materials.
   4. The site plan drawing for a conditional use permit that is to be located inside an existing building or structure and no exterior modifications are proposed shall only be required to show all existing features such as buildings, parking stalls, drive areas, landscaped areas, and exterior lights.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-99-0022, Amended, 05/25/1999; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-05-0005, Amended, 2/8/2005; Ord. No. O-7-0036, Amended 07/10/2007; Ord. No. 2015-0027, Amended 08/25/2015)

7. Required Improvements.
   1. New Sites. In addition to the requirements of other sections of the Orem City Code, all of the following improvements must be made to the site whenever a site plan is required pursuant to this Section:
      1. On-site surface water drainage system designed according to accepted civil engineering standards and approved by the City Engineer. The design shall be for a 25-year storm minimum and shall include either with the site plan or on the site plan the calculations used in the design. The maximum rate of discharge into the City's system shall not exceed 60 gallons per minute per acre.
      2. Permanent, underground, automatic sprinkling system for all landscaped areas.
      3. Curb, gutter, and sidewalk along street rights-of-way bordering the site.
      4. Piping of irrigation ditches bordering or within the site. This requirement may be waived by the approving body if the irrigation ditches do not detract from the overall safety or aesthetics of the site.
      5. Fences bordering residential zones.
      6. Parking, in accordance with the requirements of Article 22-15 of this Chapter.
      7. Landscaping in accordance with the requirements of this Chapter.
      8. Dumpsters and solid waste disposal containers. A dumpster or solid waste disposal container with a capacity of one and one half (1½) cubic yards or more shall not be located inside any building or within five feet (5') of any combustible wall, combustible roof eave line, or any opening in such walls except as permitted by the Uniform Fire Code. Dumpster and solid waste disposal containers shall not be located in the front yard setback or side yard setback facing a street.
      9. Fire protection in accordance with both local and state adopted fire codes.
   2. Amended Sites. Any amendments to an existing site must comply with the current ordinance requirements for the zone in which the site is located. Except for the provisions in Section 22-14-20(C)(3) relating to minor amendments and Section 22-14-20(H) relating to modification of the landscaping requirement, an applicant proposing amendments to an existing site plan must bring the site into compliance with the improvements required by subparagraph (G)(1) above.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

8. Landscaping Modification. The provisions of subparagraphs H(1), (2), and (3) shall apply only to amended site plans for existing developed sites. No other site plan, including but not limited to new site plans, previously approved site plans that have not been developed, and site plans for a developed site that is being cleared of structures in order to redevelop the site, shall be eligible for the described waiver.
   1. The Planning Commission may modify or adjust the requirements of subparagraph G(1)(g) of this Section for a proposed amended site plan only if all of the following conditions are met:
      1. Strict compliance with the requirements of subparagraph G(1)(g) would cause an unusual and unnecessary hardship to the person submitting the proposed amended site plan; and
      2. The amended site plan provides for additions, deletions or improvements to the subject property that are beneficial to the public, that improve the appearance of the site, or that increase the safety or convenience of the site to the public.
   2. The requirements of subparagraph G(1)(g) may be modified or adjusted to allow up to a forty percent (40%) reduction in the amount of required landscaping. The location of the required landscaping may also be modified or adjusted. In no case shall the amount of existing landscaping be reduced. The maximum allowable modification or adjustment shall be the exception rather than the rule, and shall include all other variances previously granted on the site.
   3. The Planning Commission may impose additional standards or requirements that will substantially serve the objectives of the standards or requirements that are waived, adjusted or modified. Any authorized changes or additional requirements shall be entered in the minutes of the Planning Commission with the circumstances justifying the changes or requirements.
   4. Any portion of the landscaping required by this chapter for a site plan may be located within a public street right-of-way if all of the following conditions are met:
      1. A letter granting the use of said portion of right-of-way, signed by a representative of the body controlling that right-of-way, is submitted in conjunction with the site plan.
      2. A final plat is recorded showing an easement for future landscaping on the parcel which reflects the full width of the landscaping required.
      3. The site plan shows an easement for future landscaping on the parcel which reflects the full width of the landscaping required. No parking stall required by ordinance, building, or drive lane necessary for internal traffic movements shall encroach into the landscaping easement.
      4. It is demonstrated by the applicant that the site plan is internally viable and can conform to all applicable City ordinances without landscaping being located in the right-of-way.
      5. The entire area located between the site and the finished street improvements (including curb, gutter, sidewalk, and the asphalt roadway) is landscaped and maintained by the property owner.
      6. The combination of landscaping located on-site and in the right-of-way shall be no less than the landscaping required by this chapter.
      7. The final plat and site include the following note:

      The owner of this property is required to landscape and maintain the entire right-of-way located between the finished street improvements and any portion of the property which does not meet City ordinance landscaping requirements. At no time shall the combination of landscaping located on-site and in the right-of-way equal less than the landscaping required by City ordinance

      8. The site is not part of a Planned Residential Development.

      The applicant shall be required to submit an amended site plan in compliance with the requirements of Section 22-14-20, within sixty (60) days of any relocation of finished street improvements within the aforementioned right-of-way.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-98-0035, Amended, 07/28/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-02-0039, Amended, 10/22/2002)

9. Neighborhood Meeting. The applicant for a site plan within or adjacent to a residential zone shall hold a neighborhood meeting prior to submitting an application for site plan approval. The neighborhood meeting shall be held on any weeknight after 6:00 p.m. or Saturday after 9:00 a.m. to provide the best opportunity for the neighbors to attend. The meeting shall not be held on a holiday or the day before or after a holiday. The applicant shall send written notice of the place, date, and time of the neighborhood meeting to all property owners, as listed in the records of the Utah County Recorder, located within one-thousand feet (1000') of the site if attached residential units are included in the site plan or within five hundred (500') feet if attached residential units are not included in the site plan.  The notice shall be written on letterhead which includes the contact information of the applicant, including but not limited to a name, adddress, phone number and an e-mail address. The notice must include the existing zoning classification of the subject property and the zoning classification that the applicant is requesting for the property. The notice must also include the following language:
   
   “Pursuant to Orem City Code Section 22-14-20(I), this meeting is being held to discuss the project with you. This is an opportunity for you to review the plans and provide input and recommendations regarding the project. This application has not yet been reviewed by the City and is subject to change during the review process.”

All required notices shall be provided at least one week prior to the date of the meeting. The neighborhood meeting must be conducted at a location within the City boundaries. The neighborhood meeting shall be held on any weeknight after 6:00 p.m. or Saturday after 9:00 a.m. to provide the best opportunity for the neighbors to attend. The meeting shall not be held on a holiday or the day before or after a holiday. Phone calls or informal door-to-door contacts are not considered neighborhood meetings. The applicant shall keep detailed minutes of the content of the neighborhood meeting. The application for site plan approval shall include a list of all individuals who were notified of the meeting, a roster of attendees at the meeting, and a copy of the minutes from the neighborhood meeting. This requirement shall not apply to minor amendments to existing sites as provided under Section 22-14-20 (C)(3) of this chapter.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-99-0036, Amended, 08/24/1999; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-2013-0013, Amended 05/28/2013; Ord. No. O-2020-0008, Amended 5/26/2020)

10. Dedication of Land. In order to mitigate the negative impact a proposed development will have on the surrounding area, the City may require the applicant to dedicate land to the City if the following findings are made:
    1. The exaction bears an essential nexus to a legitimate governmental interest; and
    2. The exaction is roughly proportionate and reasonably related, both in nature and extent, to the impact of the proposed development on the legitimate governmental interest.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

11. Request for Waivers. Any person requesting a waiver by the Development Services Director or his designee for the requirement of submitting a traffic study or a contour map required by this Section shall meet with the City Engineer, or the City's Private Development Engineer and shall provide the City at the time of this meeting two (2) copies of the site plan for which the waiver is sought. This meeting shall take place prior to submitting the site plan request to the Department of Development Services.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-08-0017, Amended 07/22/2008)

12. Building Permits and Business Licenses. 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. No business license shall be granted to any business located in a nonresidential zone until a site plan has been approved for the site on which the business is located. No business license shall be granted to any business requiring a conditional use permit until a conditional use permit has been granted. Failure to comply with the terms of this Chapter shall be grounds for suspending or revoking an existing business license.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

13. Preconstruction Conference. Unless waived in writing by the Development Services Director or his designee, the applicant or site developer shall schedule and meet with representatives of the City of Orem in a preconstruction conference prior to the issuance of a building permit.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-08-0017, Amended 07/22/2008)

14. Time Period of Site Plan Approval. Failure to obtain a building permit for an approved site plan within two (2) years of the date of approval of the site plan shall terminate all proceedings and render approval of the site plan null and void.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

15. Completion of Improvements. All public improvements shown on an approved site plan shall be completed within one year of the date of issuance of the building permit 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 voiding the approval. Upon request, the Planning Commission may grant an extension for the completion of improvements for up to one (1) year. An extension of one year may be granted only if the applicant demonstrates good cause for not completing the improvements and demonstrates the ability to complete the improvements within the extended time period.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

16. Completion and Maintenance of Site. Every site shall conform to the approved site plan. Except as provided for in this Section, no structure or improvement that is not included on an approved site plan may be added to a site. Neither may any structure or improvement that is included on an approved site plan be removed from the site. All improvements shown on the approved site plan shall be maintained in a neat and attractive manner. Failure to complete or maintain a 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, employee or otherwise, for failure to complete or maintain a site in accordance with this Chapter and with the approved site plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001)

17. Bonds.
    1. Purpose. A bond, sufficient in amount to cover the cost of all improvements and necessary street cleaning during the construction phase, shall be required prior to the issuance of any building permit on any 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 issuance of building permit. This guarantee bond shall also ensure that public improvements associated with the site plan development shall remain free from defects for one (1) year from the completion of such improvements or one (1) year from the date the final occupancy permit is issued, whichever is longer, and shall not be released until the improvements are accepted by the City.
    2. Type. The bond shall be an irrevocable letter of credit, escrow bond, cash bond or combination bond in favor of the City and in a form approved by the City. 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 Development Services 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. Development Agreement. No building permit shall be issued until the developer of the site plan 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 approved site plan, and approved Storm Water Pollution Prevention Plan, 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. Developer Liability. 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 liable to complete the improvements required by this Article.
    7. Sole Beneficiary. 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.
    8. Temporary Certificate of Occupancy. A temporary certificate of occupancy shall not be issued before the completion of the required site improvements unless the owner/developer submits a cash bond equal to at least one hundred ten percent (110%) of the estimated cost to complete the required improvements.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Amended, 05/12/1998; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-05-0041, Amended & Enacted, 12/13/2005; Ord. No. O-08-0017, Amended 07/22/2008; Ord. No. O-08-0034, Amended 12/09/2008)

18. Building Design. 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. O-06-0042, Enacted 12/12/2006)

19. Corridor Preservation. The City may require that the area of the future streets shown in the Orem Transportation Master Plan or the Orem Street Connection Master Plan that are not to be constructed or dedicated concurrent with the development contemplated by the site plan, be shown on the site plan as "corridor preservation." The City may prohibit or limit the construction or installation of improvements in the corridor preservation area in order to preserve such area for the construction of future streets. The City's right to require corridor preservation under this section shall be subject to the requirements of Utah Code Sections 72-5-401 through 72-5-406 inclusive.

(Ord. No. O-2017-0018, Enacted 06/13/2017)

Effective on: 9/17/2019

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Effective on: 1/1/1901

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Repealed, 05/12/1998; Ord. No. O-07-0037, Enacted 07/10/2007)

2. Tensioned-membrane Structures.
   1. Definition. Tensioned-membrane Construction is the construction method wherein a metal or other frame is covered by an architectural membrane that is placed under high tension or carries loads primarily through tensile stresses. Tension membrane structures are those structures which utilize tensioned-membrane construction as a construction method including structures known or commonly referred to as architectural-membrane structures, tensioned-membrane structures, stressed-membrane structures, frame-supported tension structures, tensioned-fabric structures, and all other similar structures. Tensioned-membrane structures do not include open-air canopies such as free-standing awnings, shade structures, shade gazebos, and walkway covers, nor air tents such as are commonly used to cover swimming pools and tennis courts on a temporary basis.
   2. Tensioned-membrane structures are prohibited except in the M1 and M2 zones.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0024, Repealed, 05/12/1998; Ord. No. O-2010-0004, Amended 02/23/2010)

3. Requirements for Cannabis Production Establishment and Medical Cannabis Pharmacy. The following provisions shall apply to Cannabis Production Establishment (SLU 2140) and Medical Cannabis Pharmacy (SLU 5920).
   1. Unless otherwise specified, all terms used in this subsection 22-14-21(C) shall have the same meaning as defined in applicable state law.
      1. Cannabis production establishment means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.
      2. Community location means a public or private school, a licensed child-care facility or preschool, a church, a public library, a public playground or a public park.
      3. Medical cannabis pharmacy means the same as defined in Utah Code Section 26-61a-102.

   2. A cannabis production establishment: 

      1. Shall be permitted only in the M2 zone subject to the separation requirements below.

      2. May not be located within 600 feet of any primarily residential zone or within 1,000 feet of any community location, measured from the nearest entrance to the cannabis production establishment by following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone. If the distances above are reduced by waiver of the Utah Department of Agriculture and Food, the reduced separation requirements shall apply.

      3. Shall be operated entirely within an enclosed building.

      4. Shall be designed, constructed and operated to prevent the emission of any cannabis-related dust, fumes, vapors, odors or waste outside of the building.

      5. Signage for a cannabis production establishment is limited to one wall sign on the front face of the building that does not exceed four feet (4’) by five feet (5’) in size. Signage shall not be displayed in any manner on or in exterior windows. The sign is limited to the name of the business, hours of operation and a green cross.

      6.  No cannabis products shall be visible from outside a cannabis production establishment.

      7. Each cannabis production establishment shall obtain a City of Orem business license before operating in the City.

   3. A medical cannabis pharmacy:

      1. Shall be permitted in all zones that are not primarily residential zones subject to the separation requirements below. 

      2. May not be located within 600 feet of any primarily residential zone or within 200 feet of any community location, measured from the nearest entrance to the medical cannabis pharmacy by following the shortest ordinary route of ordinary pedestrian travel to the property boundary of the community location or residential zone. If the distances above are reduced by waiver of the Utah Department of Agriculture and Food, the reduced separation requirements shall apply.

      3. Signage for a medical cannabis pharmacy is limited to one wall sign on the front face of the building that does not exceed four feet (4’) by five feet (5’) in size. Signage shall not be displayed in any manner on or in exterior windows. The sign is limited to the name of the business, hours of operation and a green cross.

      4. No cannabis products shall be visible from outside a medical cannabis pharmacy.

      5. Each medical cannabis pharmacy shall obtain a City of Orem business license before operating in the City.

   4. A person may not operate a cannabis production establishment or a medical cannabis pharmacy without a license therefore issued by the Utah State Department of Agriculture and Food.

   5. A cannabis production establishment and medical cannabis pharmacy shall comply with all other provisions of Utah state law applicable to the same. 

   6. Upon request, a cannabis production establishment and a medical cannabis pharmacy shall provide the Orem Chief of Police with a copy of its state approved security plan for securing its operations so as to prevent the theft, embezzlement or illegal use and/or distribution of cannabis.

      (Ord. No. O-2020-0001, Enacted 1/14/2020)

4. Retail Tobacco Specialty Business

   1. Definition. Pursuant to Utah Code Section 10-8-41.6, retail tobacco specialty business means a commercial establishment in which:
      1. sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment;
      2. 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;
      3. 20% or more of the total shelf space is allocated to the offer, display or storage of tobacco products, electronic cigarette products, or nicotine products;
      4. the commercial establishment:
         1. holds itself out as a retail tobacco specialty business; and
         2. causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business;
      5. any flavored electronic cigarette product is sold; or
      6. the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products.
   2. Separation Requirement.  Pursuant to Utah Code Section 10-8-41.6(4), no retail tobacco specialty business may be located within:
      1. 1,000 feet of a community location;
      2. 600 feet of another retail tobacco specialty business; or
      3. 600 feet from property used or zoned for agricultural or residential use. 

The proximity requirements above shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (2)(a) through (c), without regard to intervening structures or zoning districts. 

3. No more than one retail tobacco specialty business shall be allowed for every 25,000 citizens living in the City of Orem.
4. For purposes of this subsection 22-14-21(D), each separate physical location shall count as a retail tobacco specialty business.

(Ord. No. O-2020-0020, Enacted 8/11/2020)

Effective on: 4/10/1990

Effective on: 1/1/1901

(Ord. No. 692, Enacted, 08/13/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

2. In approving locations for recycling trailers/containers, the Development Review Committee (DRC) shall not permit required parking stalls or required landscaped areas to be occupied by any trailer/container for recycling purposes. The DRC shall also consider safety hazards to motorists and pedestrians when determining whether or not a particular location is appropriate.

(Ord. No. 692, Enacted, 08/13/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

3. Trailers/containers for recyclable materials shall only be established and used for the collection of those recyclable materials approved by the Recycling Advisory Commission of the City of Orem.

(Ord. No. 680, Enacted, 02/05/1991; Ord. No. O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Effective on: 1/1/1901

(Ord. No. O-92-004, Enacted, 03/17/1992; Ord. No. O-01-0021; Amended, 06/12/2001)

2. Orem Historic Landmark Register. Significant historic properties may be designated to the Historic Landmark Register for the purposes of recognizing their significance and providing incentives and guidelines for their preservation.
   1. Criteria for Designating Properties to the Orem Historic Site Landmark Register. Any district, building, structure, object or site may be designated to the Historic Landmark Register if it meets all the criteria outline below:
      1. It is located within the official boundaries of the City.
      2. It is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register of Historic Places under the provisions of 36 CFR 60.4(s). Properties listed on or determined eligible for the National Register must, in addition to retaining their integrity, meet at least one of the following National Register criteria:
         1. (1) associated with events that have made a significant contribution to the broad patterns of our history; or
         2. (2) associated with the lives of persons significant in our past; or;
         3. (3) embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
         4. (4) have yielded, or may be likely to yield, information important in prehistory or history (archeological sites, for example.)
   2. Designation Procedures.
      1. Official designation proceedings must begin with the submittal of a written request for designation by the property owner to the Commission chairperson. The letter must identify the property by its address and historic name, give the date the property was listed on the National Register or officially determined eligible, and include a statement verifying that the property owner is indeed the owner of legal record of the property proposed for designation. This official request may be preceded by informal contacts with the property owner by the Commission members, private citizens, local officials, or others regarding designation of the property.
      2. Upon receipt of the written request for designation, the Commission chairperson shall arrange for the nomination to be considered at the next Commission meeting, which shall be held at a time not to exceed thirty (30) days from the date of request was received.
      3. The decision by the Commission shall be based on the eligibility of the property in terms of meeting the "Criteria for Designating Properties to the Orem Historic Site Landmark Register." The Commission shall forward its recommendation in writing to the City Council within fourteen (14) days.
      4. The City Council may, by approval and passage of an appropriate resolution, designate properties to the Historic Landmark Register. Following designation, a notice of such shall be mailed to the owners of record together with a copy of this ordinance.
      5. After a property has been formally designated to the Historic Landmark Register, the designation may be amended or rescinded in the same manner as the original designation was made.
      6. Upon official designation, the Commission shall record the designation with the County Recorder's Office to indicate such designation on the official title thereof.
   3. Results of Designation to the Historic Landmark Register.
      1. Properties designated to the Historic Landmark Register may receive special consideration in the granting of zoning variances or conditional use permits consistent with the Orem City Zoning Ordinance and City Code in order to encourage their preservation.
      2. In the event of rehabilitation of the property, local building official may consider waiving certain code requirements in accordance with the International Building Code.
      3. Owners of Historic Landmarks may seek assistance from the Historic Preservation Advisory Commission in applying for grants or tax credits for rehabilitating their properties.
      4. If the owners of an Historic Landmark desire the subject property to remain an Historic Landmark, proposed repairs, alterations or additions to Historic Landmarks are subject to the review of the Historic Preservation Advisory Commission and the subsequent review and approval of the City Council. The purpose of this review is to ensure the preservation of historic materials and features to the greatest degree possible.
         1. (1) Application for permits pertaining to Historic Landmark properties shall be forward by the Building Official to the Historic Preservation Advisory Commission prior to their issuance.
         2. (2) At its next scheduled meeting, the Commission shall review the applications and proposed work for compliance with the Secretary of Interior's "Standards for Rehabilitation," hereafter referred to as the "Standards"
         3. (3) The Commission's recommendations shall be forwarded to the City Council for their consideration in reviewing the applications. The recommendation must indicate which of the "Standards" the Commission's decision was based on and, where appropriate, a brief explanation. Copies of the recommendation shall be sent to the Building Official and the property owner at the same time.
         4. (4) The City Council shall schedule the matter for its meeting and, upon review of the Historic Preservation Advisory Commission's recommendation and other comments given at the meeting, make a decision regarding the appropriateness of the proposed action. Approved projects will be issued a "Certificate of Historical Appropriateness" which authorizes the building permit to be issued.
   4. Enforcement. The provisions of this section are subject to the enforcement provisions established in International Building Codes and the Orem City Code.

(Ord. No. O-92-004, Enacted, 03/17/1992; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-05-0005, Amended, 2/8/2005)

3. Standards for Rehabilitation. The following "Standards for Rehabilitation" shall be used by the Historic Preservation Advisory Commission and City Council when determining the historic appropriateness of any application pertaining to Historic Landmark properties:
   1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
   2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
   3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
   4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
   5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
   6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials, replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
   7. Chemical or physical treatments, such as sandblasting, that causes damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
   8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
   9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
   10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(Ord. No. O-92-004, Enacted, 03/17/1992; Ord. No. O-01-0021; Amended, 06/12/2001)

Effective on: 1/1/1901

(Ord. No. O-92-026, Enacted, 11/24/1992; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2013-0016, Amended 06/11/2013)

2. The minimum setback requirements of CHAPTER 22 shall not apply to structures that are located on a lot that qualifies for the lot size exemption above and which meet the following additional requirements:
   1. The height of any structure does not exceed twelve feet (12’) in height; and
   2. The combined size of all structures on the lot does not exceed six hundred (600) square feet.

(Ord. No. O-92-026, Enacted, 11/24/1992; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2013-0016, Amended 06/11/2013)

3. Fencing on a lot that qualifies for the minimum lot size exemption under subsection (A) above, shall not be subject to the restrictions contained in Section 22-14-19(C)(2) pertaining to height restrictions on fences in a front yard setback provided that the City Engineer determines that the fencing does not pose a safety hazard.

(Ord. No. O-92-026, Enacted, 11/24/1992; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2013-0016, Amended 06/11/2013)

4. A lot that is exempted from the minimum lot size pursuant to this section shall not be used for any purpose other than for a public utility facility or private water well unless the lot is combined with another parcel to meet the minimum lot size requirements.

(Ord. No. O-92-026, Enacted, 11/24/1992; Ord. No. O-01-0021; Amended, 06/12/2001; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2013-0016, Amended 06/11/2013)

Effective on: 1/1/1901

(Ord. No. O-01-0025, Enacted, 06/26/2001)

Effective on: 1/1/1901

1. The garage sale is conducted by bona fide residents of the premises (other families may combine with the residents of the premises to hold a “multifamily” garage sale);

(Ord. No. O-02-0043, Enacted, 11/12/2002)

2. The garage sale is confined to the garage, patio, and/or yard of the premises;

(Ord. No. O-02-0043, Enacted, 11/12/2002)

3. The goods for sale consist of personal belongings of the residents and do not include any merchandise acquired for the purpose of resale;

(Ord. No. O-02-0043, Enacted, 11/12/2002)

4. The goods offered for sale are not placed in a public sidewalk or right-of-way;

(Ord. No. O-02-0043, Enacted, 11/12/2002)

5. The duration of the sale does not exceed three (3) consecutive calendar days;

(Ord. No. O-02-0043, Enacted, 11/12/2002)

6. All signs advertising the garage sale comply with the requirements of Section 14-3-3 Accessory Residential Signs; and

(Ord. No. O-02-0043, Enacted, 11/12/2002; Ord. No. O-2021-0030, Amended 11/23/2021)

7. No more than two garage sales are conducted on the premises in any calendar year.

(Ord. No. O-02-0043, Enacted, 11/12/2002)

8. Garage sales that do not comply with the above requirements are not permitted, and any person conducting a sale in violation of the above requirements shall be subject to the penalties set forth in Section 22-1-6 of the Orem City Code.

(Ord. No. O-02-0043, Enacted, 11/12/2002)

Effective on: 11/23/2021

(Ord. No. O-2015-0001, Enacted, 01/13/2015)

Effective on: 1/1/1901