The purpose of this Article is to allow the development of Multifamily Dwellings on vacant lots adjacent to existing Multifamily Dwellings, subject to the standards and provisions contained herein.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

Effective on: 1/1/1901

The Board of Adjustment may grant a special exception for a Multifamily Dwelling for a parcel in the R6, R6.5, or R7.5 zones only, under the following circumstances:

1. The lot meets all of the following criteria:
   1. At least fifty percent (50%) of the front and side property lines of the lot are located directly across the street from or adjacent to a multifamily dwelling, a PRD in single ownership, or a commercial development;
   2. The front of the lot is oriented in the same direction as at least one adjacent lot containing an existing multifamily dwelling or PRD in single ownership;
   3. The lot is at least eight thousand (8,000) square feet and not more than twenty thousand (20,000) square feet;
   4. The lot width is equal to or greater than the minimum lot width required for the zone in which the lot is located;
   5. The lot has not been previously developed;
   6. The lot is a legal lot of record, does not contain any structures, and is not within a recorded subdivision plat; and
   7. The lot was in existence on November 1, 1999, and has not been subdivided subsequent to that date.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004; Ord. No. O-06-0022, Amended 10/24/2006)

2. The lot is surrounded on all property lines (including across the street) by multifamily dwellings, a developed nonresidential use (this does not include any agricultural use), or a commercial development and complies with Section 22-21-2(A)(3) and (7).; or;

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004; Ord. No. O-06-0022, Amended 10/24/2006; Ord. No. O-07-0031, Amended 06/12/2007)

3. The lot is located on a city block where all other lots are occupied by multifamily dwellings and complies with Section 22-21-2(A)(3) and (7). For purposes of this section, a city block is defined as an area that is completely surrounded by public streets.

   No multifamily dwelling shall be constructed under this exception until all other primary structures on the lot have been removed.;

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004; Ord. No. O-06-0022, Amended 10/24/2006 (which deleted D, E, F, & G as well)

Effective on: 1/1/1901

Any Multifamily Dwelling constructed pursuant to a special exception authorized by this Article shall comply with the following standards:

1. Density. The maximum number of dwelling units shall be as follows:
   1. Two (2) on lots of 8,000 square feet up to but not including 10,000 square feet.
   2. Three (3) on lots of 10,000 square feet up to but not including 12,000 square feet.
   3. Four (4) on lots of 12,000 square feet up to and including 20,000 square feet.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

2. Height. The maximum height for any Multifamily Dwelling shall be thirty-five feet (35').

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

3. Setbacks. The setbacks shall be the same as required by the zone in which the Multifamily dwelling is located.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

4. Utilities. The public sewer system and the public water supply shall serve all dwellings. All utilities shall be underground. Each Multifamily Dwelling is required to have a minimum of one meter for natural gas and electricity. Compliance with the provisions of CHAPTER 21 of the Orem City Code for water meter connections is required. No water or sewer lines shall be located under covered parking areas.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

5. Parking. A minimum of two and one-half (2½) off-street parking spaces per dwelling unit shall be provided for each Multifamily Dwelling. Parking spaces may not be constructed in the front or rear setback. However, if a driveway leads to a two-car garage, one (1) guest parking stall per driveway may be located in the front yard setback on the driveway. Parking may be located in the side-yard in accordance with the standards of Section 22-15-3(E)(4) of this Chapter. A driveway may be constructed in the front setback but may not be constructed in the rear setback unless it is also located in the side-yard setback. All parking spaces shall measure at least nine feet (9') by eighteen feet (18'). Parking spaces shall be paved with asphalt and/or concrete and shall be designed to provide for adequate drainage.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004; Ord. No. O-07-0045, Amended 10/09/2007)

6. Off-site Improvements. The City shall require off-site curb, gutter and sidewalk along street rights-of-way bordering the lot when the proposed Multifamily Dwelling impairs off-site safety or surface water drainage and there is a nexus between the required improvements and the governmental purpose provided the amount of the improvements are roughly proportional to the amount of the off-site impact caused by the Multifamily Dwelling.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

7. Storage Areas and Solid Waste Receptacles(Dumpsters). All outside storage areas, except RV storage areas, and all solid waste receptacles which are not located within the Multifamily Dwelling, shall be enclosed on at least three sides with the same materials as used on the exterior of the main building. Detached storage units may not exceed 100 square feet per dwelling unit.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

H Exterior Finishing Materials. The front elevation of the Multifamily Dwelling shall have at least 60 percent (60%) of its exterior finishing materials of either brick, stone, cultured stone, stucco, or a combination of these materials. The rear and side elevations shall have at least 40 percent (40%) of their exterior finishing materials of either brick, stone, cultured stone, stucco, or wood. Architectural trims do not count in the percentages required above.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

9. Roof Pitch. All Multifamily Dwellings shall have a minimum roof pitch of five rise to twelve run.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

10. Front Facades. The front of each Multifamily Dwelling shall have offsetting facades of at least two feet (2'). Units shall be located side-by-side and shall not be stacked.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

11. Entrances. All entrances in the front elevation of any Multifamily Dwelling constructed pursuant to a special exception granted under this Article shall be located on the same level.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

12. Orientation of Multifamily Dwelling. The Board of Adjustment may specify the orientation of the front of the proposed Multifamily Dwelling to ensure that the Multifamily Dwelling fits in and is compatible with the surrounding neighborhood and to reduce any negative impacts on adjacent single-family dwelling units.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

13. Landscaping. At least thirty (30) percent of the lot containing a multifamily dwelling shall be landscaped. All areas within the lot not covered by buildings, driveways, sidewalks, structures, and parking areas, shall be permanently landscaped with trees, shrubs, lawn or ground cover and maintained in accordance with good landscaping practices. All landscaping shall have a permanent underground sprinkling system. At least one (1) deciduous tree a minimum of one and one-half (1 and 1/2) inch caliper measured six (6) inches above the rootball, one (1) evergreen tree at least six (6) feet in height measured above the rootball, and eight (8) shrubs at least two and one-half (2 and 1/2) gallons in size are required for every dwelling unit.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004)

14. Drive Entrances. . No more than two drive entrances shall be allowed per lot. However, if the number of driveways desired is three (3) or four (4), each unit may have its own driveway if a transportation study by a qualified engineer and approved by the Orem City transportation engineer, proves there is little or no negative effect on increasing the number of driveways up to four (4) maximum. The maximum width of a combined-unit driveway is thirty-six (36) feet and the maximum width of a single-unit driveway is twenty (20) feet.

(Ord. No. O-00-0003, Enacted, 01/25/2000; Ord. No. O-02-0044, Amended, 11/12/2002; Ord. No. O-04-0044, Amended, 9/28/2004; Ord. No. O-07-0045, Amended 10/09/2007)

Effective on: 1/1/1901