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Orem City Zoning Code

ARTICLE 22

24. State Street District Zones.

22-24-1. City Center District (CCD) Zone. 

22-24-2. The Hub District (HD) Zones.

22-24-3. Canyon Crossing District (CXD) Zones.

22-24-4. The Arts District (AD) Zones.

22-24-5. North Village District (NVD) Zones.

22-24-1. City Center District (CCD) Zone.

 

 

22-24-2. The Hub District (HD) Zone.

 

 

22-24-3. Canyon Crossing District (CXD) Zone.

 

 

22-24-4. The Arts District (AD) Zone.

 

 

22-24-5. North Village District (NVD) Zone.

 

 

P

  • Purpose.
  • The City Center District (CCD) zones are intended to be the heart of civic and employment activity in Orem, while providing opportunity for the development of a traditional downtown center with a mix of office, retail, and residential uses.

    (Ord. No. O-2018-0022, Enacted, 06/19/2018)

    Effective on: 6/19/2018

    B

  • Boundaries of City Center District Zones.
  • There is hereby established five City Center District zones which consist of the following zones: (1) CCD-C (Core), (2) CCD-E (Edge), (3) CCD-Civ (Civic), (4) CCD-Res-A (Residential) and CCD-Res-B (Residential). Where used in this Section 22-24-1, the term “CCD zones” refers to all five of the above-referenced zones. Although the CCD zones have many of the same standards in common, each CCD zone is a fully independent and separate zone. The boundaries of each of the five City Center zones are as shown in the map below:

     

    (Ord. No. O-2018-0022, Enacted, 06/19/2018)

    Effective on: 6/19/2018

    U

  • Use of Certain Terms.
  • Use of Certain Terms. As used in this Section 22-24-1, the terms listed below shall have the following meanings:

    1. “Required Sidewalk” or “Sidewalk Adjacent to a Street” means the buffered sidewalk required by Orem City Code Section 22-8-8(B)(4) or sidewalks required by other applicable sections of the Orem City Code.
    2. A “street-facing façade” is any building elevation that faces a public street and is located within one hundred feet of a required sidewalk. For purposes of this definition, a building elevation faces a public street if any part of the elevation is visible from the street at a point on a line between the building and the street that is perpendicular to the street.
    (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended, 12/11/2018)

    Effective on: 6/19/2018

    D

  • Default Standards.
  • Default Standards. With respect to the CCD-C, CCD-E and CCD-Civ zones, the standards of the C2 zone (including the “Zone Development Standards for the State Street Corridor Area” where applicable) shall apply to any regulation not specifically addressed in this Section 22-24-1. With respect to the CCD-Res (A & B) zones, the standards of the PRD zone shall apply to any regulation not specifically addressed in this Section 22-24-1. To the extent there is any conflict between the standards contained in this Section 22-24-1 and other provisions of the City Code, the provisions of this Section 22-24-1 shall control.

    (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended, 12/11/2018; Ord. No. O-2019-0007, Amended 3/26/2019)

    Effective on: 6/19/2018

    U

  • Uses.
    1. Permitted Uses. All uses permitted in the C2 zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the CCD-C, CCD-E and CCD-Civ zones (subject to the limitation on residential uses outlined below). All uses permitted in the PRD zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the CCD-Res-(A&B) zones. However, no stacked units are allowed in the CCD-Res-B zone.
    2. Prohibited Uses. Any use that is not included as a permitted use in subsection (1) above is prohibited in all of the CCD zones.
    3. Limitation on Residential Use. In order to encourage the development of commercial uses in the CCD-C and CCD-E  zones, residential uses in any building shall not occupy more than 80% of the Gross Leasable Floor Area (GLFA) of such building in the CCD-C zone, or 90% of the GLFA in the CCD-E Zone.
    1. In the CCD-C and CCD-E zones, if at least 50% of a parcel’s street frontage is occupied by buildings that meet the maximum setback requirement of subsection (F)(2) below and have pedestrian access to the street at ground level, a building on the interior of the parcel may exceed the maximum residential GLFA limit by an amount equal to the amount (in square feet) by which the residential GLFA of buildings meeting the maximum setback requirement on the same parcel is below the maximum residential GLFA allowed in such buildings. This transfer of allowable residential occupancy may only be made to interior buildings and buildings with street frontage may in no case exceed the maximum residential GLFA requirement. Any such transfer shall be recorded upon a plat and recorded at the office of the Utah County Recorder. Upon, the execution of such a transfer of allowable residential occupancy, residential uses in the building that transferred a portion of its allowable residential use percentage shall not exceed the maximum percentage of GLFA allowed by the applicable zone less the amount of residential GLFA that was transferred to another building. For example, if a parcel in the CCD-C zone has two buildings that each contain 50,000 square feet of GLFA and at least 50% of the street frontage of said parcel is occupied by a building that meets the maximum setback requirements, the interior building could be 100% occupied by residential uses provided that no more than 30,000 square feet of GLFA of the building fronting the street was occupied by residential uses and the transfer of 10,000 square feet of residential occupancy from the building with street frontage to the building on the interior of the lot was shown on a plat recorded with the Utah County Recorder. Following the transfer, residential uses in the building with street frontage could not exceed 30,000 square feet of GLFA ((80% x 50,000)-10,000 (transferred) = 30,000).
    2. A transfer of residential occupancy as described above is permanent unless modified by the owners of both buildings by an amended plat. If a parcel on which a transfer described above has taken place is subdivided, all buildings on the new parcels shall continue to meet the requirements with respect to maximum percentage of GFLA that may be occupied by residential uses to which they were subject prior to the subdivision.
    (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended, 12/11/2018)

    Effective on: 6/19/2018

    D

  • Design Standards.
    1. Building Height. All buildings in the CCD-C zone shall be at least three (3) stories in height. All buildings in the CCD-E, CCD-Civ, and CCD-Res-A zones shall be at least two (2) stories in height. Each building story above the ground story shall be designed and constructed to have at least 60% of the Gross Leasable Floor Area of the story directly below. Buildings in the CCD-Res-B zone shall have a maximum height of 35 feet. There is no maximum height requirement for the CCD-C, CCD-E, CCD-Res-A, and CCD-Civ zones. The ground story of every building, except for buildings in the CCD-Res-(A&B) zones, shall have a floor to ceiling height of at least 14 feet.

    A ground floor story in the CCD-CIV zone that has an average floor to ceiling height of 18 feet or more shall count as two (2) stories toward the minimum story requirement.

    1. Setbacks. 

    Except as otherwise provided below, there are no minimum setbacks in the CCD zones.

      1. Maximum Setbacks. Except as otherwise provided herein, the ground level story of all buildings shall be set back no more than ten feet from the back of a required sidewalk. However, buildings may be set back an additional ten feet (for a total of twenty feet) from the back of a required sidewalk if the entire additional setback area is utilized as a “space open to the public” such as a plaza or outdoor dining area that is designed to be utilized by the public on a regular basis. A “space open to the public” as described herein must meet the definition provided in Section 22-2-1. An illustration of the maximum setback as well as the additional ten foot setback for a space open to the public is provided below.

      1. Prohibited Uses of Setback Area. The area of any setback from a required sidewalk may not be used for parking, parking lot driveways, drive-thrus, or drive-thru stacking.

      2. Setback From Residentially Zoned Property. No portion of any building (including roofs and parapets) in the CCD zones may be located closer to a residentially zoned property not a part of the CCD zones than the height of that portion of the building. Note: The width of adjacent public right-of-way may be included when measuring setbacks to calculate maximum permitted building heights.

     

      1. Exception to Maximum Setback Requirement. Except as otherwise provided herein, no building may be constructed on a lot that has frontage on a public street unless the building complies with the maximum setback requirements set forth above.
        1. Notwithstanding the above, a building that does not meet the maximum setback requirements may be constructed on a parcel if at least 50% of that parcel’s street frontage is occupied by a building(s) facade that is located within twenty feet (20’) of the back of required sidewalk.
        2. A lot where less than fifty percent (50%) of the street frontage is occupied by a building(s) facade located within twenty feet (20') of the back of required sidewalk may not be subdivided in such way that creates a new lot. (1) that has no street frontage, or (2) where the percentage of the street frontage of the original lot included in the new lot is less than the percentage of the area of the original lot included in the new lot. For example, if a lot has 200 feet of street frontage and 40,000 square feet of area, a lot that is subdivided off the original lot that has 50 feet of street frontage (25% of the total frontage of the original parcel) may not have a total lot area greater than 10,000 square feet (25% x 40,000). The intent of this requirement is to prevent circumvention of the maximum setback requirement. This example is demonstrated in the following graphics:

    1. The width of one required street access (up to a maximum of thirty feet (30’) may be subtracted from the total parcel width when calculating the 50% frontage occupancy requirement.
    2. A building that does not meet the maximum setback requirements may be constructed before the 50% frontage occupancy requirement is met provided that buildings that will bring the lot into compliance with the 50% frontage occupancy requirement are constructed concurrently with the building that does not meet the maximum setback requirement.
    3. The maximum setback requirements do not apply to detached, single-family dwellings.
    4. Where at least twenty-five percent (25%) of the perimeter of a building addition is connected to an existing building in the CCD-Civ zone, the following exceptions apply:

      (i) only forty-five percent (45%) of an applicable building façade is required to comply with the maximum setback requirement; and

      (ii) where the building addition is on a lot that has frontage on both State Street and a State Street Connector Street, the building addition is only required to comply with the maximum setback (with respect to 45% of the applicable façade) from either State Street or a State Street Connector Street.

    1. Lot Size. All lots within the CCD zones shall be a minimum of 7,500 square feet in area.
    2. Architectural Features. All buildings in the CCD-C, CCD-E, CCD-Civ and CCD-Res-A zones shall comply with the following architectural requirements.
      1. Vertical Façade Articulation. All street-facing facades shall have a vertical break at least every fifty feet with a minimum depth of one foot. The required vertical breaks shall extend over at least 75% of the height of the building. An illustration of this requirement is provided below:

      1. Horizontal Expression Lines. Except for structures in the CCD-RES (B) zone, all street-facing facades shall incorporate horizontal expression lines in their architecture to delineate the ground story from any upper stories. Such expression lines shall include a cornice and/or a protrusion in materials with a minimum depth of six inches. An illustration of this requirement is provided below:

      1. c.  Stepbacks. The street-facing façade(s) of the lowest story that contains residential uses and all stories above shall be stepped back at least 20 feet behind the façade of the story immediately below if all of the following apply:
        1. The building is four stories or more in height.
        2. The building is designed for residential uses in one or more stories.
        3. The street-facing façade of the ground floor is within 35 feet of a required sidewalk. 
      2. Where the lowest story containing residential uses is set back at least twenty feet behind the façade of the story below as required by this subsection, at least seventy-five percent of the open roof area of such story shall be designed for and employed as an amenity for the residential occupants of the building. An illustration of this requirement is provided below:

    (Ord. No. O-2020-0006, Amended 2/23/2021)
    1. Materials.  
      1. ​​Except as otherwise provided, all buildings shall be completed on all sides with brick, split-face block, glass, stone, and wood (hereinafter referred to as “Tier 1 Materials”). Aluminum composite material panel systems, stucco, and Exterior Insulation and Finishing Systems (EIFS) (hereinafter referred to as “Tier 2 Materials”) shall only be permitted as trim on ground-level façades and shall only be allowed on up to a maximum of 20% of a street-facing façade and up to a maximum of 75% of a non-street facing façade. 
      2. Standing seam metal (but no other metals) may be used for awnings. Sheet metal and corrugated metal and other metal finishes are only permitted for soffits, fascia, and similar minor architectural features (less than or equal to 5% coverage on any given elevation).
    1. Entrances.
      1. All primary buildings in the CCD-C, CCD-E and CCD-Civ zones shall have at least one entrance intended for public, daily customer, and/or resident use oriented toward a public street, public open space, or a privately-owned “space open to the public”, with first priority assigned to State Street, and second priority assigned to all other public streets.
      2. Lots within the CCD-C zone with frontage on both State Street and Center Street shall have an entrance on the corner where the two streets meet. However, this requirement shall not apply for building additions that meet the elements of subsection 22-24-1(F)(2)(d)(vi).
      3. Corner entrances at street intersections are encouraged throughout the CCD zones. An example of a desirable corner entrance is shown in the following image

    1. Windows and Awnings. Each street-facing, ground story façade shall have a minimum percentage of transparent window coverage that is readily visible to a depth of at least five feet into the building. These percentage requirements vary within the CCD zones as shown in the table below. All awnings shall be durable canvas or standing seam metal. Plastic awnings are not permitted.

     

    Zone

    Minimum % of Transparency

     

     

     

    City Center District Zones

    CCD-C

    70%

    CCD-E

    60%

    CCD-CIV

    50%

    CCD-RES (A&B)

    0%

     

    1. Balconies. If a building is two stories or greater in height, balconies consisting of a minimum area of fifty (50) square feet shall be provided for at least fifty (50) percent of all residential units per building in the CCD-C, CCD-E, CCD-Civ and CCD-Res-A zones. Balconies may be inset into the building or may project over City sidewalk right-of-way a maximum of five (5) feet so long as fourteen (14) feet of vertical clearance is provided between the sidewalk and the balcony. Balconies that don’t face a public street shall be set back at least eight feet from any adjacent property line.
    2. Drive-thru Structures. 
      1. ​​​​​​Drive-thru canopy structures (such as a Drive-Thru ATM canopy) shall be located only on the rear or a non-street facing façade(s) of a building.

    Drive-thru windows, aisles, and vehicle stacking for drive-thrus are not permitted on any street-facing façade and/or within any street-facing setback areas.

    1. Screening. 
      1. Trash storage containers (but not including trash cans associated with individual units in the CCD-Res-(B) zone) and dumpsters shall be completely screened from public view with a masonry wall at least seven feet in height with sight-obscuring gates which must be located either behind, on a non-street facing side, or interior to a building.
      2. All electrical, utility, and mechanical equipment (including equipment on roofs) shall be fully screened from public view with sight-obscuring materials. Such equipment must be buried (vaulted) if located within any front or side street-facing setback areas, or if located within any required planter strip areas.
    2. Lighting.
      1. Each site (except for development in the CCD-Res-(B) shall include a Lighting Plan that is designed to discourage crime, enhance safety, and prevent direct glare onto adjacent properties.
    3. Open Space.
      1. All lots with a residential use component shall have a minimum twenty percent (20%) of the lot area dedicated to open space (excluding required public sidewalks and planter strips). This requirement may be fulfilled with standard “open space” or with a “space open to the public” or a combination of both. However, a minimum of 10% of the lot’s area shall be maintained as a “space open to the public” (see Section 22-2-1 for definitions of “open space” and “spaces open to the public”). This requirement shall not apply to the CCD-Res-(B) zone.
      2. Commercial lots without a residential use component are not required to provide any type of “open space” (apart from the required sidewalks, planter strips and other required landscaping). However, if a “space open to the public” is provided on a commercial lot without a residential use, the following bonuses shall be awarded to that parcel:

    Percentage of Provided “Spaces Open to the Public” out of Total Parcel Area

     

    10% or more

    20% or more

    30% or more

    Bonuses

    Awarded

     

     

    - Up to 10% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

    - Up to 20% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a CCD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    - Up to 30% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    - Excluding the ground floor, up to an additional 15% of street-facing façades only may be constructed with “Tier 2” materials.

     

    - 8% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a CCD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

     Note: Percentage calculations are rounded down to the nearest 1 decimal point.

    1. Fencing. A fence meeting the requirements of Section 22-14-19(E) shall be maintained along any property line between a development in the CCD-C and CCD-E zones and a residential zone (that is not a part of the CCD zone). The fence shall be constructed and maintained by the owner of the development in the applicable CCD zone.
    (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended 12/11/2018; Ord. No. O-2019-0007, Amended 3/26/2019)

    Effective on: 6/19/2018

    T

  • Transportation.
    1. Streets.
    2. Private streets are not permitted in the CCD zones. However private pedestrian promenades, driveways, vehicular accesses, and alleyways are permitted provided proper fire access is maintained throughout the site.
    3. Driveways and Accesses. 
      1. Vehicular accesses shall be no more than thirty feet wide unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that a wider access is necessary for the site. In no event shall an access exceed forty (40) feet in width.
      2. No more than one access shall be allowed per lot unless the Planning Commission find, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that more than one access is needed for development on the lot.
      3. Where a driveway crosses a public sidewalk, the driveway shall be a different stained color, texture, or paving material than the sidewalk to warn drivers of the possibility of pedestrians in the area (see Figure 9 below). This requirement shall not apply in the CCD-Res-B zone.
      4. All adjoining properties are required to share vehicular and pedestrian accesses to public streets and sidewalks and to provide any necessary cross-access easements to effectuate this sharing. This requirement shall not apply in the CCD-Res-B zone.
  • Fig. 9 Stamped and colored asphalt.

    1. Traffic Study.

    A Traffic Impact Study (TIS) shall be required in connection with any site plan in the CCD zones that is not a minor amendment as defined in Section 22-14-20(C)(3)(b). The provisions of Section 22-14-20(E)(8)(a-c) shall apply to any required TIS. The TIS shall evaluate the vehicle, bicycle, and pedestrian traffic both on site and in the general vicinity of the project. The TIS shall evaluate trip generations, turning movements to and from the property, street and roundabout geometrics, and traffic safety on and off the site. The TIS shall also address relevant items including but not limited to the following: surrounding street and intersection levels of service (LOS) before and after the project is completed, any mitigation efforts recommended to minimize project traffic impacts, proposed public and private street widths and alignments, site mobility, access management, potential traffic signal locations, street striping, signage, etc. The traffic engineer that performs the required TIS shall meet with the City Traffic Engineer prior to beginning the TIS to discuss specific areas of focus for the TIS. Each site plan shall reflect and incorporate the recommendations of the traffic study and any other requirements that the City may deem necessary based upon the TIS. Any new development or redevelopment shall comply with all recommendations of the TIS.

    (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended 12/11/2018)

    Effective on: 6/19/2018

    P

  • Parking.
    1. Parking Requirements
      1. Required parking in the CCD zones may be met within a parking lot, parking structure, or a shared parking agreement approved by the City.
      2. For the “Core”, “Civic”, and “Edge” zones, three parking stalls shall be provided for every one-thousand (1000) square feet of gross leasable floor area of nonresidential uses. Since any residential use in these zones is required to be part of a mixed-use development, no parking stalls shall be required for residential units included within the base residential density. The base residential density is calculated by dividing the total commercial parking requirement by three (3). For each residential unit in excess of the base residential density, a minimum of 1.75 parking stalls shall be provided (of which .1 stalls per unit shall be dedicated to visitor parking). 
      3. For the CCD-Res (A&B) zones, 2.5 stalls shall be provided for each standard residential unit (less than three bedrooms and less than 1200 square feet) and 3.5 stalls shall be provided for each large residential unit (three or more bedrooms or 1200 or more square feet). Where parking areas are shared between multiple units, parking stalls shall be dedicated to each unit or to visitor parking by signage or painted numbering and at least 0.5 stalls of the per unit required parking standard shall be reserved for visitor parking.
      4. No Charge for Use of Required Parking. In order to ensure that tenants (including residents and employees) of a development do not have an incentive to park off-site, no fee charge, deposit or other form of compensation (other than rent) may be required of a tenant for the right to use required parking stalls (including, for purposes of this subsection, the right to exclusive use of a particular parking stall). Neither the rent, the deposit or other fees charged to tenants may differ based on whether the tenant is given the right to use required parking. No form of compensation (including but not limited to a reduction in rent or other fees or charges) may be given to a tenant in exchange for a waiver or relinquishment of the right to use required parking. No penalty of any kind may be imposed upon a tenant for parking in a required parking stall.
  • (Ord. No. 2019-0032, Enacted 10/8/2019)
        1. Site plans within the CCD District are not eligible for any parking modifications outlined in Section 22-15-5 and must meet the parking requirements outlined in this section.
    (Ord. No. 2019-0032, Enacted 10/8/2019)
      1. Parking Lot Standards. Except as otherwise provided herein, the provisions of Article 22-15 (Off-Street Parking) shall apply to all development in the CCD zones.
        1. Buildings shall be sited to face the street with parking lots on the side or rear. The owner of property in a CCD zone shall provide cross-access easements to adjoining properties that have parking lots in any final or amended plat for the property. Any parking lots on the side of a building shall be set back at least 20 feet from a required sidewalk. The 20 foot parking setback area shall be maintained as “open space” or a “space open to the public” and shall be maintained with shrubs or other sight-obscuring features at a minimum height of three feet to screen the parking area from the street.
        2. Parking Lot Lighting: Parking lot light poles on properties adjacent to the CCD-Res-B zone and residential zones outside of the CCD zones shall be no closer than 50 feet to the adjacent residential property line. Additionally, globes must be shielded and the lighting directed down to minimize light encroachment onto adjacent properties or into upper level residential units in multi-story buildings. Lightproof fencing is also required when adjacent to residential properties that are not in a CCD zone.
        3. Concrete curbs shall be provided between landscaped areas and off-street parking areas. Low-profile curbs are permitted to accommodate low-impact developments (LIDs) in all landscaped areas except for within required planter strips along State Street (see also landscaping requirements in Section 22-14-13 (C).
      2. Parking Structures.
        1. The entire street-facing façade(s) of a parking structure must be “wrapped” with a habitable building designed and constructed for residential or commercial uses. All other facades of a parking structure shall be wrapped with buildings and/or have an external skin (or screen) designed to improve its visual appeal. Examples include heavy gauge metal screening, precast concrete panels, laminated or safety glass, decorative solar panels, or decorative façades. The intent is for parking structures to blend into surrounding buildings and not look like a parking structure. The Planning Commission may approve other decorative materials not listed herein if the proposed materials would have an equal or better aesthetic effect than the approved materials listed herein. All readily visible areas not wrapped with buildings shall be screened. To the greatest extent possible, uneven levels in parking structures shall be screened from public view. The following images demonstrate parking structure wrapping:

    1. Elevators and stairs shall be highlighted architecturally so visitors, internally and externally, can easily access these entry points.
    2. Any signage attached to the parking structure shall be integrated with the architecture of the parking structure and be architecturally compatible with the design. Public parking structures entrances shall be clearly signed from public streets.
    3. At a minimum, all street-facing façades of all parking structures shall be wrapped with structures designed and constructed for a commercial or residential use.
    4. Parking structures shall be designed to minimize vehicle noise and odors that emanate on to sidewalks and “spaces open to the public”. Venting and fan locations shall not be located next to “spaces open to the public” and are encouraged to be located on top of the parking structure where feasible.

     

    1. Specific use parking exceptions as established in Section 22-15-4 (G) apply in the CCD zones.
    2. Parking modifications as established in Section 22-15-5 apply in the CCD zones.
    3. Bicycle parking requirements as established in Section 22-15-7 apply in the CCD zones.
    (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended 12/11/2018)

    Effective on: 6/19/2018

    S

  • Signs.
    1. Except as otherwise provided herein, all signs in the City Center District zones shall meet the standards provided in Article 14-3. All areas within the CCD-C, CCD-E, CCD-Civ and CCD-Res-A zones shall be designated as Sign Zone “H” (14-3-3).
    2. Removal of Pole Signs. One of the purposes of the CCD zones is to provide a more attractive environment for commercial and residential uses. The City has determined that pole signs are less aesthetically appealing than other types of signs such as monument signs. Therefore, pole signs are not permitted in the City Center District zones. Any existing pole signs shall be removed in the event that reconstruction is performed on fifteen percent (15%) or more of the footprint of an existing building on the lot upon which the pole sign(s) is located, upon the addition or expansion of a building that constitutes fifteen percent (15%) or more of the existing building footprint on the lot, or upon the construction of a new building on a lot. Reconstruction occurs where at least 50% of the area of the exterior walls of a portion of the building footprint consisting of 15% or more of the building footprint is demolished and rebuilt (see figure below). The removal of existing pole signs required by this section shall occur before the issuance of a certificate of occupancy for the new building or building expansion.
  • (Ord. No. O-2018-0022, Enacted, 06/19/2018; Ord. No. O-2018-0032, Amended 12/11/2018)

    Effective on: 6/19/2018

    P

  • Purpose.
  • The Hub District (HD) zones are intended to be the center of commercial activity in Orem, filled with vibrant shopping, restaurants, and entertainment destinations.

    (Ord. No. O-2018-0029, Enacted 10/9/2018; Ord. No. O-2020-0029, Amended 11/10/2020)

    Effective on: 10/9/2018

    B

  • Boundaries of The Hub District Zones.
  • There is hereby established two Hub District (HD) zones which consist of the following zones: (1) HD-C (Core), and (2) HD-E (Edge). Where used in this Section 22-24-2, the term “HD zones” refers to both of the above-referenced zones. Although the HD zones have many of the same standards in common, each HD zone is a fully independent and separate zone. Except as otherwise specified, all standards provided in this Section 22-24-2 shall apply to both the HD-C and HD-E zones. The boundaries of both of the HD zones are as shown in the map below:

    (Ord. No. O-2018-0029, Enacted 10/9/2018; Ord. No. O-2020-0029, Amended 11/10/2020)

    Effective on: 10/9/2018

    U

  • Use of Certain Terms.
  • As used in this Section 22-24-2, the terms listed below shall have the following meanings:

    1. “Required Sidewalk” or “Sidewalk Adjacent to a Street” means the buffered sidewalk required by Orem City Code Section 22-8-8(B)(4) or sidewalks required by other applicable sections of the Orem City Code.
    2. A “street-facing façade” is any building elevation that faces a public street and is located within one hundred feet of a required sidewalk. For purposes of this definition, a building elevation faces a public street if any part of the elevation is visible from the street at a point on a line between the building and the street that is perpendicular to the street.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Default Standards.
  • The standards of the C2 zone (including the “Zone Development Standards for the State Street Corridor Area” where applicable) shall apply in the HD zone with respect to any regulation not otherwise specifically addressed in this Section 22-24-2.

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    U

  • Uses.
    1. Permitted Uses. All uses permitted in the C2 zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the HD zone (subject to the limitation on residential uses outlined below). The following shall be permitted in the HD-E zone:
    Permitted Uses - HD-E zone 
    Standard Land Use  Category
     5310Department Stores
     5391Dry Goods & General Merchandise
     5393Arts, Crafts & Hobbies
     5394Musical Instruments
     5410Groceries &/or Food
     5440Candy & other confectionery products
     5600Clothing, Apparel, & Accessories
     5710Furniture & home furnishings
     5730Music Supplies
     5810Restaurants
     5811Fast Food
     5931Antiques 
     5932Gold & Silver
     5941Books 
     5942Stationary
     5943Office Supplies 
     5946Cameras & Photographic Supplies 
     5947Gifts, Novelties, & Souvenirs 
     5948Florists 
     5952Bicycles 
     5953Toys 
     5970Computer Goods & Services
     5996

    Optical Goods

     6510Medical, Dental, & Health Services
    Permitted Uses - HD-E zone 
    Standard Land Use  Category
     5310Department Stores
     5391Dry Goods & General Merchandise
     5393Arts, Crafts & Hobbies
     5394Musical Instruments
     5410Groceries &/or Food
     5440Candy & other confectionery products
     5600Clothing, Apparel, & Accessories
     5710Furniture & home furnishings
     5730Music Supplies
     5810Restaurants
     5811Fast Food
     5931Antiques 
     5932Gold & Silver
     5941Books 
     5942Stationary
     5943Office Supplies 
     5946Cameras & Photographic Supplies 
     5947Gifts, Novelties, & Souvenirs 
     5948Florists 
     5952Bicycles 
     5953Toys 
     5970Computer Goods & Services
     5996

    Optical Goods

     6510Medical, Dental, & Health Services
    Permitted Uses - HD-E zone 
    Standard Land Use  Category
     5310Department Stores
     5391Dry Goods & General Merchandise
     5393Arts, Crafts & Hobbies
     5394Musical Instruments
     5410Groceries &/or Food
     5440Candy & other confectionery products
     5600Clothing, Apparel, & Accessories
     5710Furniture & home furnishings
     5730Music Supplies
     5810Restaurants
     5811Fast Food
     5931Antiques 
     5932Gold & Silver
     5941Books 
     5942Stationary
     5943Office Supplies 
     5946Cameras & Photographic Supplies 
     5947Gifts, Novelties, & Souvenirs 
     5948Florists 
     5952Bicycles 
     5953Toys 
     5970Computer Goods & Services
     5996

    Optical Goods

     6510Medical, Dental, & Health Services
    Permitted Uses - HD-E zone 
    Standard Land Use  Category
     5310Department Stores
     5391Dry Goods & General Merchandise
     5393Arts, Crafts & Hobbies
     5394Musical Instruments
     5410Groceries &/or Food
     5440Candy & other confectionery products
     5600Clothing, Apparel, & Accessories
     5710Furniture & home furnishings
     5730Music Supplies
     5810Restaurants
     5811Fast Food
     5931Antiques 
     5932Gold & Silver
     5941Books 
     5942Stationary
     5943Office Supplies 
     5946Cameras & Photographic Supplies 
     5947Gifts, Novelties, & Souvenirs 
     5948Florists 
     5952Bicycles 
     5953Toys 
     5970Computer Goods & Services
     5996

    Optical Goods

     6510Medical, Dental, & Health Services
    1. Prohibited Uses. Any use that is not included as a permitted use in subsection (1) above is prohibited in the HD zones.
    2. Limitation on Residential Use. In order to encourage the development of commercial uses in the HD zone, residential uses in any building shall not occupy more than the 80% of the Gross Leasable Floor Area (GLFA) of such building.
      1. If at least 50% of a parcel’s street frontage is occupied by buildings that meet the maximum setback requirement of subsection (F)(2) below and have pedestrian access to the street at ground level, a building on the interior of the parcel may exceed the maximum residential GLFA limit by an amount equal to the amount (in square feet) by which the residential GLFA of buildings meeting the maximum setback requirement on the same parcel is below the maximum residential GLFA allowed in such buildings. This transfer of allowable residential occupancy may only be made to interior buildings and buildings with street frontage may in no case exceed the maximum residential GLFA requirement. Any such transfer shall be recorded upon a plat and recorded at the office of the Utah County Recorder. Upon, the execution of such a transfer of allowable residential occupancy, residential uses in the building that transferred a portion of its allowable residential use percentage shall not exceed the maximum percentage of GLFA allowed by the applicable zone less the amount of residential GLFA that was transferred to another building. For example, if a parcel in the HD zone has two buildings that each contain 50,000 square feet of GLFA and at least 50% of the street frontage of said parcel is occupied by a building that meets the maximum setback requirements, the interior building could be 100% occupied by residential uses provided that no more than 30,000 square feet of GLFA of the building fronting the street was occupied by residential uses and the transfer of 10,000 square feet of residential occupancy from the building with street frontage to the building on the interior of the lot was shown on a plat recorded with the Utah County Recorder. Following the transfer, residential uses in the building with street frontage could not exceed 30,000 square feet of GLFA ((80% x 50,000)-10,000 (transferred) = 30,000).
      2. A transfer of residential occupancy as described above is permanent unless modified by the owners of both buildings by an amended plat. If a parcel on which a transfer described above has taken place is subdivided, all buildings on the new parcels shall continue to meet the requirements with respect to maximum percentage of GFLA that may be occupied by residential uses to which they were subject prior to the subdivision.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Design Standards.
    1. Building Height. All buildings in the HD-C zone shall have a minimum of three (3) stories. There is no minimum height requirement for buildings in the HD-E zone. Any building that is situated in both the HD-C and HD-E zones shall comply with the standards of the HD-C zone with respect to the entire building. Each building story above the ground story shall be designed and constructed to have at least 60% of the Gross Leasable Floor Area of the story directly below. There is no maximum height requirement for the HD zone. The ground story of every building, shall have a minimum floor to ceiling height of at least 14 feet.
    (Ord. No. O-2020-0029, Amended 11/10/2020)
    1. Setbacks. Except as otherwise provided below, there are no minimum setbacks in the HD zone.
      1. Maximum Setbacks. Except as otherwise provided herein, the ground level story of all buildings in the HD zones buildings shall be set back no more than ten feet from the back of a required sidewalk. However, buildings may be set back an additional ten feet (for a total of twenty feet) from the back of a required sidewalk if the entire additional setback area is utilized as a “space open to the public” such as a plaza or outdoor dining area that is designed to be utilized by the public on a regular basis. A “space open to the public” as described herein must meet the definition provided in Section 22-2-1. An illustration of the maximum setback as well as the additional ten foot setback for a space open to the public is provided below.

    1. Prohibited Uses of Setback Area. The area of any setback from a required sidewalk may not be used for parking, parking lot driveways, drive-thrus, or drive-thru stacking.
    2. Setback From Residentially Zoned Property. No portion of any building (including roofs and parapets) in the HD zone may be located closer to a residentially zoned property not a part of the HD zones than the height of that portion of the building. Note: The width of adjacent public right-of-way may be included when measuring setbacks to calculate maximum permitted building heights.

    Illustration of stepping-back of building height when next to residential zones

    1. Exception to Maximum Setback Requirement. Except as otherwise provided herein, no building may be constructed on a lot that has frontage on a public street unless the building complies with the maximum setback requirements set forth above.
      1. Notwithstanding the above, a building that does not meet the maximum setback requirements may be constructed on a parcel if at least 50% of that parcel’s street frontage is occupied by a building(s) façade that is located within twenty feet (20’) of the back of required sidewalk.

      2. A lot where less than fifty percent (50%) of the street frontage is occupied by a building(s) facade located within twenty feet (20’) of the back of required sidewalk may not be subdivided in such way that creates a new lot (1) that has no street frontage, or (2) where the percentage of the street frontage of the original lot included in the new lot is less than the percentage of the area of the original lot included in the new lot. For example, if a lot has 200 feet of street frontage and 40,000 square feet of area, a lot that is subdivided off the original lot that has 50 feet of street frontage (25% of the total frontage of the original parcel) may not have a total lot area greater than 10,000 square feet (25% x 40,000). The intent of this requirement is to prevent circumvention of the maximum setback requirement. This example is demonstrated in the following graphics: 

    1. The width of one required street access (up to a maximum of thirty feet (30’) may be subtracted from the total parcel width when calculating the 50% frontage occupancy requirement.
    2. A building that does not meet the maximum setback requirements may be constructed before the 50% frontage occupancy requirement is met provided that buildings that will bring the lot into compliance with the 50% frontage occupancy requirement are constructed concurrently with the building that does not meet the maximum setback requirement.
    (Ord. No. O-2020-0029, Amended 11/10/2020)
    1. Lot Size. All lots within the HD zones shall be a minimum of 7,500 square feet in area.
    2. Architectural Features. All buildings in the HD zones shall comply with the following architectural requirements.
      1. Vertical Façade Articulation. The architecture of all street-facing facades shall have a vertical break at least every fifty feet with a minimum depth of one foot. The required vertical breaks shall extend over at least 75% of the height of the building. An illustration of this requirement is provided below:

    1. Horizontal Expression Lines. All street-facing facades shall incorporate horizontal expression lines in their architecture to delineate the ground story from any upper stories. Such expression lines shall include a cornice and/or a protrusion in materials with a minimum depth of six inches. An illustration of this requirement is provided below:

     

    1. Stepbacks. The street-facing façade(s) of the lowest story that contains residential uses and all stories above shall be stepped back at least 20 feet behind the façade of the story immediately below if all of the following apply:
    1. The building is four stories or more in height.
    2. The building is designed for residential uses above the first story  in one or more stories.
    3. The building street-facing façade of the ground floor ​​​​is within 35 feet of a sidewalk adjacent to a street.

    Where the lowest second story containing residential uses is set back at least twenty feet behind the façade of the first story below as required by this subsection, at least seventy-five percent of the open roof area of such the first story shall be designed for and employed as an amenity for the residential occupants of the building. An illustration of this requirement is provided below:

    (Ord. No. O-2020-0006, Amended 2/23/2021; Ord. No. O-2020-0029, Amended 11/10/2020)
    1. Materials. 
      1. Except as otherwise provided, all buildings shall be completed on all sides with brick, split-face block, glass, stone, and wood (hereinafter referred to as “Tier 1 Materials”). Aluminum composite material panel systems, stucco, and Exterior Insulation and Finishing Systems (EIFS) (hereinafter referred to as “Tier 2 Materials”) shall only be permitted as trim on ground-level façades and shall only be allowed on up to a maximum of 20% total coverage on street-facing façades and up to a maximum of 75% of a non-street facing façade.
      2. Standing seam metal (but no other metals) may be used for awnings. Sheet metal and corrugated metal and other metal finishes are only permitted for soffits, fascia, and similar minor architectural features (less than or equal to 5% coverage on any given elevation).
     
    1. Entrances.
      1. All primary buildings in the HD zone shall have at least one entrance intended for public, daily customer, and/or resident use oriented toward a public street, public open space, or a privately-owned “space open to the public”, with first priority assigned to State Street, and second priority assigned to all other public streets.
      2. Lots within the HD zone with frontage on both State Street and University Parkway shall have an entrance on the corner where the two streets meet.
      3. Corner entrances at street intersections are encouraged throughout the HD zone. An example of a desirable corner entrance is shown in the following image:

    1. Windows and Awnings. At least 70% of each street-facing, ground story façade shall consist of transparent window coverage that is readily visible to a depth of at least five feet into the building. All awnings shall be durable canvas or standing seam metal. Plastic awnings are not permitted.
    2. Balconies. Balconies consisting of a minimum area of fifty (50) square feet shall be provided for at least fifty (50) percent of all residential units per building in the HD zone. Balconies may be inset into the building or may project over City sidewalk a maximum of five feet so long as fourteen (14) feet of vertical clearance is provided between the sidewalk and the balcony. Balconies that don’t face a public street shall be set back at least eight feet from any adjacent property line.
    3. Drive-thru Structures.
      1. Drive-thru canopy structures (such as a Drive-Thru ATM canopy) shall be located only on the rear or a non-street facing façade(s) of a building.
      2. Drive-thru windows, aisles, and vehicle stacking for drive-thrus are not permitted on any street-facing façade and/or within any street-facing setback areas.

    1. Screening.
      1. Trash storage containers and dumpsters shall be completely screened from public view with a masonry wall at least seven feet in height with sight-obscuring gates which must be located either behind, on a non-street facing side, or interior to a building.
      2. All electrical, utility, and mechanical equipment (including equipment on roofs) shall be fully screened from public view with sight-obscuring materials. Such equipment must be buried (vaulted) if located within any front or side street-facing setback areas, or if located within any required planter strip areas.
    2. Lighting.
      1. Each site shall include a Lighting Plan that is designed to discourage crime, enhance safety, and prevent direct glare onto adjacent properties.
    3. Open Space.
      1. All lots with a residential use component shall have a minimum twenty percent (20%) of the lot area dedicated to open space (excluding required public sidewalks and planter strips). This requirement may be fulfilled with standard “open space” or with a “space open to the public” or a combination of both. However, a minimum of 10% of the lot’s area shall be maintained as a “space open to the public” (see Section 22-2-1 for definitions of “open space” and “spaces open to the public”).
      2. Commercial lots without a residential use component are not required to provide any type of “open space” (apart from the required sidewalks, planter strips and other required landscaping). However, if a “space open to the public” is provided on a commercial lot without a residential use, the following bonuses shall be awarded to that parcel:

    Percentage of Provided “Spaces Open to the Public” out of Total Parcel Area

     

    10% or more

    20% or more

    30% or more

    Bonuses

    Awarded

     

     

    - Up to 10% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

    - Up to 20% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a HD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    - Up to 30% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    - Excluding the ground floor, up to an additional 15% of street-facing façades only may be constructed with “Tier 2” materials.

     

    - 8% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a HD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    Note: Percentage calculations are rounded down to the nearest 1 decimal point.

    1. Fencing.
      1. A fence meeting the requirements of Section 22-14-19(E) shall be maintained along any property line between a development in any HD zone and a residential zone (that is not a part of an HD zone). The fence shall be constructed and maintained by the owner of the development in the applicable HD zone.
    (Ord. No. 2018-0029, Enacted 10/9/2018; Ord. No. O-2020-0029, Amended 11/10/2020)

    Effective on: 10/9/2018

    T

  • Transportation.
    1. Streets. Private streets are not permitted in the HD zone. However private pedestrian promenades, driveways, vehicular accesses, and alleyways are permitted provided proper fire access is maintained throughout the site.
    2. Driveways and Accesses.
      1. Vehicular accesses shall be no more than thirty feet wide unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that a wider access is necessary for the site. In no event shall an access exceed forty (40) feet in width.
      2. No more than one access shall be allowed per lot unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that more than one access is needed for development on the lot.
      3. Where a driveway crosses a public sidewalk, the driveway shall be a different stained color, texture, or paving material than the sidewalk to warn drivers of the possibility of pedestrians in the area (See Figure 9 below).
      4. All adjoining properties are required to share vehicular and pedestrian accesses to public streets and sidewalks and to provide any necessary cross-access easements to effectuate this sharing.

    Fig. 9 stamped and colored asphalt.

    1. Traffic Study.
      1. A Traffic Impact Study (TIS) shall be required in connection with any site plan in the HD zone that is not a minor amendment as defined in Section 22-14-20(C)(3)(b). The provisions of Section 22-14-20(E)(8)(a-c) shall apply to any required TIS. The TIS shall evaluate the vehicle, bicycle, and pedestrian traffic both on site and in the general vicinity of the project. The TIS shall evaluate trip generations, turning movements to and from the property, street and roundabout geometrics, and traffic safety on and off the site. The TIS shall also address relevant items including but not limited to the following: surrounding street and intersection levels of service (LOS) before and after the project is completed, any mitigation efforts recommended to minimize project traffic impacts, proposed public and private street widths and alignments, site mobility, access management, potential traffic signal locations, street striping, signage, etc. The traffic engineer that performs the required TIS shall meet with the City Traffic Engineer prior to beginning the TIS to discuss specific areas of focus for the TIS. Each site plan shall reflect and incorporate the recommendations of the traffic study and any other requirements that the City may deem necessary based upon the TIS. Any new development or redevelopment shall comply with all recommendations of the TIS.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    P

  • Parking.
    1. Parking Requirements
      1. Required parking in the HD zones may be met within a parking lot, parking structure, or a shared parking agreement approved by the City.
      2. For the HD zone, three parking stalls shall be provided for every one-thousand (1000) square feet of gross leasable floor area of nonresidential uses. Since any residential use in this zone is required to be part of a mixed-use development, no parking stalls shall be required for residential units included within the base residential density. The base residential density is calculated by dividing the total commercial parking requirement by three (3). For each residential unit in excess of the base residential density, a minimum of 1.75 parking stalls shall be provided (of which .1 stalls per unit shall be dedicated to visitor parking). 
      3. No Charge for Use of Required Parking. In order to ensure that tenants (including residents and employees) of a development do not have an incentive to park off-site, no fee charge, deposit or other form of compensation (other than rent) may be required of a tenant for the right to use required parking stalls (including, for purposes of this subsection, the right to exclusive use of a particular parking stall). Neither the rent, the deposit or other fees charged to tenants may differ based on whether the tenant is given the right to use required parking. No form of compensation (including but not limited to a reduction in rent or other fees or charges) may be given to a tenant in exchange for a waiver or relinquishment of the right to use required parking. No penalty of any kind may be imposed upon a tenant for parking in a required parking stall. 
      1. Site plans within the HD District are not eligible for any parking modifications outlined in Section 22-15-5 and must meet the parking requirements outlined in this section.
    (Ord. No. O-2019-0032, Enacted 10/8/2019; Ord. No. O-2020-0029, Amended 11/10/2020)
    1. Parking Lot Standards. Except as otherwise provided herein, the provisions of Article 22-15 (Off-Street Parking) shall apply to all development in the HD zones.
      1. Buildings shall be sited to face the street with parking lots on the side or rear. Adjoining properties that have neighboring parking lots shall be connected and have cross-access easements established upon final plat approval. No parking stalls, drive aisles or drive thru stacking lanes shall be located within six feet (6’) of the back of any required sidewalk. The 6 foot parking setback area shall be maintained as “open space” or a “space open to the public” and shall be maintained with shrubs or other sight-obscuring features at a minimum height of three feet to screen the parking area from the street.
      2. Parking Lot Lighting: Parking lot light poles on properties adjacent to residential zones outside of the HD zones shall be no closer than 50 feet to the adjacent residential property line. Additionally, globes must be shielded and the lighting directed down to minimize light encroachment onto adjacent properties or into upper level residential units in multi-story buildings. Lightproof fencing is also required when adjacent to residentially properties that are not in a HD zone.
      3. Concrete curbs shall be provided between landscaped areas and off-street parking areas. Low-profile curbs are permitted to accommodate low-impact developments (LIDs) in all landscaped areas except for within required planter strips along State Street (see also landscaping requirements in Section 22-14-13 (C)).
    (Ord. No. O-2020-0029, Amended 11/10/2020)
    1. Parking Structures.
      1. The street-facing façade of a parking structure must be “wrapped” with a habitable building designed and constructed for residential or commercial uses. All other facades of a parking structure shall be wrapped with buildings and/or have an external skin (or screen) designed to improve its visual appeal. Examples include heavy gauge metal screening, precast concrete panels, laminated or safety glass, decorative solar panels, or decorative façades. The intent is for parking structures to blend into surrounding buildings and not look like a parking structure. The Planning Commission may approve other decorative materials not listed herein if the proposed materials would have an equal or better aesthetic effect than the approved materials listed herein. All readily visible areas not wrapped with buildings shall be screened. To the greatest extent possible, uneven levels in parking structures shall be screened from public view. The following images demonstrate parking structure wrapping:

    1. Elevators and stairs shall be highlighted architecturally so visitors, internally and externally, can easily access these entry points.
    2. Any signage attached to the parking structure and wayfinding signage shall be integrated with the architecture of the parking structure and be architecturally compatible with the design. Public parking structures entrances shall be clearly signed from public streets.
    3. At a minimum, all street-facing façades of all parking structures shall be wrapped with structures designed and constructed for a commercial or residential use.
    4. Parking structures shall be designed to minimize vehicle noise and odors that emanate on to sidewalks and “spaces open to the public”. Venting and fan locations shall not be located next to “spaces open to the public” and are encouraged to be located on top of the parking structure where feasible.
    1. Specific use parking exceptions as established in Section 22-15-4 (G) apply in the HD Zones.
    2. Parking modifications as established in Section 22-15-5 apply in the HD Zone.
    3. Bicycle parking requirements as established in Section 22-15-7 apply in the HD Zone.
    (Ord. No. O-2018-0029, Enacted 10/9/2018; Ord. No. O-2020-0029, Amended 11/10/2020)

    Effective on: 10/9/2018

    S

  • Signs.
    1. Except as otherwise provided herein, all signs in the Hub District zones shall meet the standards provided in Article 14-3. All areas within the HD zones shall be designated as Sign Zone “H” (14-3-3).
    2. Removal of Pole Signs. One of the purposes of the HD zones is to provide a more attractive environment for commercial and residential uses. The City has determined that pole signs are less aesthetically appealing than other types of signs such as monument signs. Therefore, pole signs are not permitted in the Hub District zone. Any existing pole signs shall be removed in the event that reconstruction is performed on fifteen percent (15%) or more of the footprint of an existing building on the lot upon which the pole sign(s) is located, upon the addition or expansion of a building that constitutes fifteen percent (15%) or more of the existing building footprint on the lot, or upon the construction of a new building on a lot. The removal of existing pole signs required by this section shall occur before the issuance of a certificate of occupancy for the new building or building expansion.
    (Ord. No. O-2018-0029, Enacted 10/9/2018; Ord. No. O-2020-0029, Amended 11/10/2020)

    Effective on: 10/9/2018

    S

  • Sidewalks and Landscaping.
    1. A buffered sidewalk shall be installed and maintained along all property adjacent to State Street and State Street Connector Streets in accordance with Section 22-8-8(B)(4). A sidewalk at least six feet (6’) in width and landscaping in accordance with Appendix TT shall be installed and maintained adjacent to University Parkway. A buffered sidewalk consisting of a sidewalk at least six feet (6’) in width and a landscaped planter strip at least eight feet (8’) in width shall be installed and maintained adjacent to all streets other than State Street, State Street Connector Streets and University Parkway.
    (Ord. No. O-2020-0029, Enacted 11/10/2020)

    Effective on: 1/1/1901

    A

     

    1. Alternate Development Standards for the HD-E Zone.
    1. Each lot in the HD-E zone must be developed in conformity with the standards contained in this Section 22-24-2 pertaining to the HD-E zone. In the alternative, all of the property in a given lot in the HD-E zone may be developed according to the standards of the HD-C zone. However, in order to ensure congruity of development, all property in any given lot in the HD-E zone must be developed entirely according to the standards and requirements of the HD-E zone or must be entirely developed according to the standards and requirements of the HD-C zone.
    (Ord. No. O-2020-0029, Enacted 11/10/2020)

    Effective on: 1/1/1901

    P

  • Purpose.
  • The Canyon Crossing (CXD) zones are intended to promote a mixture of retail and residential uses in an area that is Orem’s gateway to Provo Canyon and its associated outdoor recreational activities and amenities.

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    Boundaries of Canyon Crossing District Zones.

  • Boundaries of Canyon Crossing District Zones.
  • There is hereby established three Canyon Crossing District zones which consist of the following zones: (1) CXD-C (Core), (2) CXD-Res-A (Residential) and (3) CXD-Res-B (Residential). Where used in this Section 22-24-3, the term “CXD zones” refers to all three of the above-referenced zones. Although the CXD zones have many of the same standards in common, each CXD zone is a fully independent and separate zone. The boundaries of each of the three Canyon Crossing zones are as shown in the map below:

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

     

    Effective on: 10/9/2018

    U

  • Use of Certain Terms.
  • As used in this Section 22-24-3, the terms listed below shall have the following meanings:

    1. “Required Sidewalk” or “Sidewalk Adjacent to a Street” means the buffered sidewalk required by Orem City Code Section 22-8-8(B)(4) or sidewalks required by other applicable sections of the Orem City Code.
    2. 2. A “street-facing façade” is any building elevation that faces a public street and is located within one hundred feet of a required sidewalk. For purposes of this definition, a building elevation faces a public street if any part of the elevation is visible from the street at a point on a line between the building and the street that is perpendicular to the street.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Default Standards.
  • With respect to the CXD-C zone, the standards of the C2 zone (including the “Zone Development Standards for the State Street Corridor Area” where applicable) shall apply to any regulation not specifically addressed in this Section 22-24-3. With respect to the CXD-Res (A & B) zones, the standards of the PRD zone shall apply to any regulation not specifically addressed in this Section 22-24-3.

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    U

  • Uses.
    1. Permitted Uses. All uses permitted in the C2 zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the CXD-C zone (subject to the limitation on residential uses outlined below). All uses permitted in the PRD zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the CXD-Res-(A&B) zones. However, no stacked units are allowed in the CXD-Res-B zone.
    2. Prohibited Uses. Any use that is not included as a permitted use in subsection (1) above is prohibited in all of the CXD zones.
    3. Limitation on Residential Use. In order to encourage the development of commercial uses in the CXD-C zone, residential uses in any building in the CXD-C zone shall not occupy more than 80% of the Gross Leasable Floor Area (GLFA) of such building.
      1. In the CXD-C zone, if at least 50% of a parcel’s street frontage is occupied by buildings that meet the maximum setback requirement of subsection (F)(2) below and have pedestrian access to the street at ground level, a building on the interior of the parcel may exceed the maximum residential GLFA limit by an amount equal to the amount (in square feet) by which the residential GLFA of buildings meeting the maximum setback requirement on the same parcel is below the maximum residential GLFA allowed in such buildings. This transfer of allowable residential occupancy may only be made to interior buildings and buildings with street frontage may in no case exceed the maximum residential GLFA requirement. Any such transfer shall be recorded upon a plat and recorded at the office of the Utah County Recorder. Upon, the execution of such a transfer of allowable residential occupancy, residential uses in the building that transferred a portion of its allowable residential use percentage shall not exceed the maximum percentage of GLFA allowed by the applicable zone less the amount of residential GLFA that was transferred to another building. For example, if a parcel in the CXD-C zone has two buildings that each contain 50,000 square feet of GLFA and at least 50% of the street frontage of said parcel is occupied by a building that meets the maximum setback requirements, the interior building could be 100% occupied by residential uses provided that no more than 30,000 square feet of GLFA of the building fronting the street was occupied by residential uses and the transfer of 10,000 square feet of residential occupancy from the building with street frontage to the building on the interior of the lot was shown on a plat recorded with the Utah County Recorder. Following the transfer, residential uses in the building with street frontage could not exceed 30,000 square feet of GLFA ((80% x 50,000)-10,000 (transferred) = 30,000).
      2. A transfer of residential occupancy as described above is permanent unless modified by the owners of both buildings by an amended plat. If a parcel on which a transfer described above has taken place is subdivided, all buildings on the new parcels shall continue to meet the requirements with respect to maximum percentage of GFLA that may be occupied by residential uses to which they were subject prior to the subdivision.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Design Standards.
    1. Building Height. All buildings in the CXD zones except for buildings in the CXD-Res-B zone shall be at least two stories in height. Buildings in the CXD-Res-B zone shall have a maximum height of 35 feet. There is no maximum height requirement for the CXD-C and CXD-RES(A) zones. Each building story above the ground story shall be designed and constructed to have at least 60% of the Gross Leasable Floor Area of the story directly below. The ground story of every building, except for buildings in the CXD-Res (A&B) zones, shall have a floor to ceiling height of at least 14 feet.
      1. Exception to Building Height Requirement. One accessory building that does not comply with the minimum height requirement may be constructed on a parcel provided that the accessory building:

        (i) is no larger than forty percent (40%) of the Gross Floor Area (GFA) of (only) one primary building on the parcel;

        (ii) is limited to one story, thirteen (13) feet in height;

        (iii) is designed and used exclusively for storage in connection with the primary use of the parcel;

        (iv) is an accessory use to the principal use(s) or structure(s) on the parcel;

        (v) is located behind the primary structure(s) on the parcel;

        (vi) has no connection to water or sewer service;

        (vii) is located on a parcel that has not already taken advantage of the “small building addition” exception under section 22-8-8(B)(7)(a) and is constructed in lieu of said “small building addition” exception--the “small building addition” exception under section 22-8-8(B)(7)(a) shall not be available for any parcel on which an accessory building has been constructed pursuant to this subsection (a).

    2. Setbacks. Except as otherwise provided below, there are no minimum setbacks in the CXD zones.
      1. Maximum Setbacks. Except as otherwise provided herein, the ground level story of all buildings shall be set back no more than ten feet from the back of a required sidewalk. However, buildings may be set back an additional ten feet (for a total of twenty feet) from the back of a required sidewalk if the entire additional setback area is utilized as a “space open to the public” such as a plaza or outdoor dining area that is designed to be utilized by the public on a regular basis. A “space open to the public” as described herein must meet the definition provided in Section 22-2-1. An illustration of the maximum setback as well as the additional ten foot setback for a space open to the public is provided below.

    1. Prohibited Uses of Setback Area. The area of any setback from a required sidewalk may not be used for parking, parking lot driveways, drive-thrus, or drive-thru stacking.
    2. Setback From Residentially Zoned Property. No portion of any building (including roofs and parapets) in the CXD zones may be located closer to a residentially zoned property not a part of the CXD zones than the height of that portion of the building. Note: The width of adjacent public right-of-way may be included when measuring setbacks to calculate maximum permitted building heights.

    Illustration of stepping-back of building height when next to residential zones

    1. Exceptions to Maximum Setback Requirement. Except as otherwise provided herein, no building may be constructed on a lot that has frontage on a public street unless the building complies with the maximum setback requirements set forth above.
      1. Notwithstanding the above, a building that does not meet the maximum setback requirements may be constructed on a parcel if at least 50% of that parcel’s street frontage is occupied by a building(s) façade that is located within twenty feet (20’) of the back of required sidewalk.
      2. A lot where less than fifty percent (50%) of the street frontage is occupied by a building(s) facade located within twenty feet (20’) of the back of required sidewalk may not be subdivided in such way that creates a new lot (1) that has no street frontage, or (2) where the percentage of the street frontage of the original lot included in the new lot is less than the percentage of the area of the original lot included in the new lot. For example, if a lot has 200 feet of street frontage and 40,000 square feet of area, a lot that is subdivided off the original lot that has 50 feet of street frontage (25% of the total frontage of the original parcel) may not have a total lot area greater than 10,000 square feet (25% x 40,000). The intent of this requirement is to prevent circumvention of the maximum setback requirement.

    This example is demonstrated in the following graphics:

    1. The width of one required street access (up to a maximum of thirty feet (30’)) may be subtracted from the total parcel width when calculating the 50% frontage occupancy requirement.
    2. A building that does not meet the maximum setback requirements may be constructed before the 50% frontage occupancy requirement is met provided that buildings that will bring the lot into compliance with the 50% frontage occupancy requirement are constructed concurrently with the building that does not meet the maximum setback requirement.
    3. The maximum setback requirements do not apply to detached, single-family dwellings.
    4. One accessory building that does not comply with the maximum setback requirement may be constructed on a parcel provided that the accessory building:

      (i) is no larger than forty percent (40%) of the GFA of (only) one primary building on the parcel;

      (ii) is limited to one story, thirteen (13) feet in height;

      (iii) is designed and used exclusively for storage in connection with the primary use of the parcel;

      (iv) is an accessory use to the principal use(s) or structure(s) on the parcel;

      (v) is located behind the primary structure(s) on the parcel;

      (vi) has no connection to water or sewer service;

      (vii) is located on a parcel that has not already taken advantage of the “small building addition” exception under section 22-8-8(B)(7)(a) and is constructed in lieu of said “small building addition” exception--the “small building addition” exception under section 22-8-8(B)(7)(a) shall not be available for any parcel on which an accessory building has been constructed pursuant to this subsection (a).

    1. Lot Size. All lots within the CXD zones shall be a minimum of 7,500 square feet in area.
    2. Architectural Features. All buildings in the CXD-C and CXD-Res-A zones shall comply with the following architectural requirements.
      1. Vertical Façade Articulation. The architecture of all street-facing facades shall have a vertical break at least every fifty feet with a minimum depth of one foot. The required vertical breaks shall extend over at least 75% of the height of the building. An illustration of this requirement is provided below:

    1. Horizontal Expression Lines. Except for structures in the CXD-RES(B) zone, all street-facing facades shall incorporate horizontal expression lines in their architecture to delineate the ground story from any upper stories. Such expression lines shall include a cornice and/or a protrusion in materials with a minimum depth of six inches. An illustration of this requirement is provided below:

    1. Stepbacks. The street-facing façade(s) of the lowest story that contains residential uses and all stories above shall be stepped back at least 20 feet behind the façade of the story immediately below if all of the following apply:
      1. The building is four stories or more in height.
      2. The building is designed for residential uses in one or more stories.
      3. The street-facing façade of the ground floor is within 35 feet of a sidewalk adjacent to a street. 
    2. Where the lowest story containing residential uses is set back at least twenty feet behind the façade of the story below as required by this subsection, at least seventy-five percent of the open roof area of such story shall be designed for and employed as an amenity for the residential occupants of the building. An illustration of this requirement is provided below:

    (Ord. No. O-2020-0006, Amended 2/23/2021)
    1. Materials.
      1. Except as otherwise provided, all buildings shall be completed on all sides with brick, split-face block, glass, stone, and wood (hereinafter referred to as “Tier 1 Materials”). Aluminum composite material panel systems, stucco, and Exterior Insulation and Finishing Systems (EIFS) (hereinafter referred to as “Tier 2 Materials”) shall only be permitted as trim on ground-level façades and shall only be allowed on up to a maximum of 20% of a street-facing façade and up to a maximum of 75% of a non-street facing façade.
      2. Standing seam metal (but no other metals) may be used for awnings. Sheet metal and corrugated metal and other metal finishes are only permitted for soffits, fascia, and similar minor architectural features (less than or equal to 5% coverage on any given elevation).
     

     

    1. Entrances.
      1. All primary buildings in the CXD-C zone shall have at least one entrance intended for public, daily customer, and/or resident use oriented toward a public street, public open space, or a privately-owned “space open to the public”, with first priority assigned to State Street, and second priority assigned to all other public streets.
      2. Lots within the CXD-C zone with frontage on both State Street and Canyon Crossing (800 North) shall have an entrance on the corner where the two streets meet.
      3. Corner entrances at street intersections are encouraged throughout the CXD zones. An example of a desirable corner entrance is shown in the following image:

    1. Windows and Awnings. In the CXD-C zone, at least 70% of each street-facing, ground story façade shall consist of transparent window coverage that is readily visible to a depth of at least five feet into the building. All awnings shall be durable canvas or standing seam metal. Plastic awnings are not permitted.
    2. Balconies. Balconies consisting of a minimum area of fifty (50) square feet shall be provided for at least fifty (50) percent of all residential units per building in the CXD-C and CXD-Res-A zones. Balconies may be inset into the building or may project over City sidewalk a maximum of five feet so long as fourteen (14) feet of vertical clearance is provided between the sidewalk and the balcony. Balconies that don’t face a public street shall be set back at least eight feet from any adjacent property line.
    3. Drive-thru Structures.
      1. Drive-thru canopy structures (such as a Drive-Thru ATM canopy) shall be located only on the rear or a non-street facing façade(s) of a building.
      2. Drive-thru windows, aisles, and vehicle stacking for drive-thrus are not permitted on any street-facing façade and/or within any street-facing setback areas.

    1. Screening.
      1. Trash storage containers (but not including trash cans associated with individual units in the CXD-RES(B) zone) and dumpsters shall be completely screened from public view with a masonry wall at least seven feet in height with sight-obscuring gates which must be located either behind, on a non-street facing side, or interior to a building.
      2. All electrical, utility, and mechanical equipment (including equipment on roofs) shall be fully screened from public view with sight-obscuring materials. Such equipment must be buried (vaulted) if located within any front or side street-facing setback areas, or if located within any required planter strip areas.
    2. Lighting.
      1. Each site (except for development in the CXD-RES(B) zone) shall include a Lighting Plan that is designed to discourage crime, enhance safety, and prevent direct glare onto adjacent properties.
    3. Open Space.
      1. All lots in the CXD-C, CXD-Res(B), and CXD-Res(A) zones with a residential use component shall have a minimum twenty percent (20%) of the lot area dedicated to open space (excluding required public sidewalks and planter strips). This requirement may be fulfilled with standard “open space” or with a “space open to the public” or a combination of both. However, a minimum of 10% of the lot’s area shall be maintained as a “space open to the public” (see Section 22-2-1 for definitions of “open space” and “spaces open to the public”).
      2. Commercial lots without a residential use component are not required to provide any type of “open space” (apart from the required sidewalks, planter strips and other required landscaping). However, if a “space open to the public” is provided on a commercial lot without a residential use, the following bonuses shall be awarded to that parcel:

    Percentage of Provided “Spaces Open to the Public” out of Total Parcel Area

     

    10% or more

    20% or more

    30% or more

    Bonuses

    Awarded

     

     

    - Up to 10% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

    - Up to 20% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a CXD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    - Up to 30% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    - Excluding the ground floor, up to an additional 15% of street-facing façades only may be constructed with “Tier 2” materials.

     

    - 8% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a CXD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    Note: Percentage calculations are rounded down to the nearest 1 decimal point.

    1. Fencing. A fence meeting the requirements of Section 22-14-19(E) shall be maintained along any property line between a development in the CXD-C or CXD-Res(A) zone and any residential zone (that is not a part of the CXD zone). The fence shall be constructed and maintained by the owner of the development in the applicable CXD zone.
    (Ord. No. O-2018-0029, Enacted 10/9/2018; Ord. No. O-2020.0017, Amended7/14/2020)

    Effective on: 10/9/2018

    G

    G. Transportation.

    1. Streets. Private streets are not permitted in the CXD zones. However private pedestrian promenades, driveways, vehicular accesses, and alleyways are permitted provided proper fire access is maintained throughout the site.
    2. Driveways and Accesses. 
      1. Vehicular accesses shall be no more than thirty feet wide unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that a wider access is necessary for the site. In no event shall an access exceed forty (40) feet in width.
      2. No more than one access shall be allowed per lot unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that more than one access is needed for development on the lot.
      3. Where a driveway crosses a public sidewalk, the driveway shall be a different stained color, texture, or paving material than the sidewalk to warn drivers of the possibility of pedestrians in the area. (See Figure 9 below). This requirement shall not apply in the CXD-Res-B zone.
      4. All adjoining properties are required to share vehicular and pedestrian accesses to public streets and sidewalks and to provide any necessary cross-access easements to effectuate this sharing. This requirement shall not apply in the CXD-Res-B zone.

    Fig. 9 Stamped and colored asphalt.

    1. Traffic Study.
      1. A Traffic Impact Study (TIS) shall be required in connection with any site plan in the CXD zones that is not a minor amendment as defined in Section 22-14-20(C)(3)(b). The provisions of Section 22-14-20(E)(8)(a-c) shall apply to any required TIS. The TIS shall evaluate the vehicle, bicycle, and pedestrian traffic both on site and in the general vicinity of the project. The TIS shall evaluate trip generations, turning movements to and from the property, street and roundabout geometrics, and traffic safety on and off the site. The TIS shall also address relevant items including but not limited to the following: surrounding street and intersection levels of service (LOS) before and after the project is completed, any mitigation efforts recommended to minimize project traffic impacts, proposed public and private street widths and alignments, site mobility, access management, potential traffic signal locations, street striping, signage, etc. The traffic engineer that performs the required TIS shall meet with the City Traffic Engineer prior to beginning the TIS to discuss specific areas of focus for the TIS. Each site plan shall reflect and incorporate the recommendations of the traffic study and any other requirements that the City may deem necessary based upon the TIS. Any new development or redevelopment shall comply with all recommendations of the TIS.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    H

    H. Parking.

    1. Parking Requirements.
      1. Required parking in the CXD zones may be met within a parking lot, parking structure, or a shared parking agreement approved by the City.
      2. For the CXD-C zone, three parking stalls shall be provided for every one-thousand (1000) square feet of gross leasable floor area of nonresidential uses. Since any residential use in these zones is required to be part of a mixed-use development, no parking stalls shall be required for residential units included within the base residential density. The base residential density is calculated by dividing the total commercial parking requirement by three (3). For each residential unit in excess of the base residential density, a minimum of 1.75 parking stalls shall be provided (of which .1 stalls per unit shall be dedicated to visitor parking). 
      3. For the CXD-Res (A&B) zones, 2.5 stalls shall be provided for each standard residential unit (less than three bedrooms and less than 1200 square feet) and 3.5 stalls shall be provided for each large residential unit (three or more bedrooms or 1200 or more square feet). Where parking areas are shared between multiple units, parking stalls shall be dedicated to each unit or to visitor parking by signage or painted numbering and at least 0.5 stalls of the per unit required parking standard shall be reserved for visitor parking.
      4. No Charge for Use of Required Parking. In order to ensure that residents of a development do not have an incentive to park off-site, no fee charge, deposit or other form of compensation (other than rent) may be required of a tenant for the right to use required parking stalls (including, for purposes of this subsection, the right to exclusive use of a particular parking stall). Neither the rent, the deposit or other fees charged to tenants may differ based on whether the tenant is given the right to use required parking. No form of compensation (including but not limited to a reduction in rent or other fees or charges) may be given to a tenant in exchange for a waiver or relinquishment of the right to use required parking. No penalty of any kind may be imposed upon a tenant for parking in a required parking stall.
    (Ord. No. 2019-0032, Enacted 10/8/2019)
      1. Site plans within the CXD District are not eligible for any parking modifications outlined in Section 22-15-5 and must meet the parking requirements outlined in this section.
    (Ord. No. 2019-0032, Enacted 10/8/2019)
    1. Parking Lot Standards. Except as otherwise provided herein, the provisions of Article 22-15 (Off-Street Parking) shall apply to all development in the CXD zones.
      1. Buildings shall be sited to face the street with parking lots on the side or rear. Adjoining properties that have neighboring parking lots shall be connected and have cross-access easements established upon final plat approval. Any parking lots on the side of a building shall be set back at least 20 feet from a sidewalk adjacent to a street. The 20-foot parking setback area shall be maintained as “open space” or a “space open to the public” and shall be maintained with shrubs or other sight-obscuring features at a minimum height of three feet to screen the parking area from the street.
      2. Parking Lot Lighting: Parking lot light poles on properties adjacent to residential zones (including the CXD-RES(B) zone but not the CXD-RES(A) zone) shall be no closer than 50 feet to the adjacent residential property line. Additionally, globes must be shielded and the lighting directed down to minimize light encroachment onto adjacent properties or into upper level residential units in multi-story buildings. Lightproof fencing is also required when adjacent to residentially properties that are not in a CXD zone.
      3. Concrete curbs shall be provided between landscaped areas and off-street parking areas. Low-profile curbs are permitted to accommodate low-impact developments (LIDs) in all landscaped areas except for within required planter strips along State Street (see also landscaping requirements in Section 22-14-13 (C)).
    2. Parking Structures.
      1. The street-facing façade of a parking structure must be “wrapped” with a habitable building designed and constructed for residential or commercial uses. All other facades of a parking structure shall be wrapped with buildings and/or have an external skin (or screen) designed to improve its visual appeal. Examples include heavy gauge metal screening, precast concrete panels, laminated or safety glass, decorative solar panels, or decorative façades. The intent is for parking structures to blend into surrounding buildings and not look like a parking structure. The Planning Commission may approve other decorative materials not listed herein if the proposed materials would have an equal or better aesthetic effect than the approved materials listed herein. All readily visible areas not wrapped with buildings shall be screened. To the greatest extent possible, uneven levels in parking structures shall be screened from public view. The following images demonstrate parking structure wrapping:

    1. Elevators and stairs shall be highlighted architecturally so visitors, internally and externally, can easily access these entry points.
    2. Any signage attached to the parking structure and wayfinding signage shall be integrated with the architecture of the parking structure and be architecturally compatible with the design. Public parking structures entrances shall be clearly signed from public streets.
    3. At a minimum, all street-facing façades of all parking structures shall be wrapped with structures designed and constructed for a commercial or residential use.
    4. Parking structures shall be designed to minimize vehicle noise and odors that emanate on to sidewalks and “spaces open to the public”. Venting and fan locations shall not be located next to “spaces open to the public” and are encouraged to be located on top of the parking structure where feasible.
    1. Specific use parking exceptions as established in Section 22-15-4 (G) apply in the CXD Zone.
    2. Parking modifications as established in Section 22-15-5 apply in the CXD Zone.
    3. Bicycle parking requirements as established in Section 22-15-7 apply in the CXD Zone.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    I

    I. Signs.

    1. Except as otherwise provided herein, all signs in the Canyon Crossing District zones shall meet the standards provided in Article 14-3. All areas within the CXD-C and CXD-Res-A zones shall be designated as Sign Zone “H” (14-3-3).
    2. Removal of Pole Signs. One of the purposes of the CXD zones is to provide a more attractive environment for commercial and residential uses. The City has determined that pole signs are less aesthetically appealing than other types of signs such as monument signs. Therefore, pole signs are not permitted in the Canyon Crossing District zones. Any existing pole signs shall be removed in the event that reconstruction is performed on fifteen percent (15%) or more of the footprint of an existing building on the lot upon which the pole sign(s) is located, upon the addition or expansion of a building that constitutes fifteen percent (15%) or more of the existing building footprint on the lot, or upon the construction of a new building on a lot. The removal of existing pole signs required by this section shall occur before the issuance of a certificate of occupancy for the new building or building expansion.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    P

  • Purpose.
  • The Arts District (AD) zones are intended to provide a focal point for the arts in the City and to thereby promote the cultural heritage and artistic development of the City. The AD zones are also intended to be centered around cultural, educational, and entertainment activities in Orem, with more emphasis on residential and mixed-use developments with great access to amenities.

    (Ord No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    Boundaries of Arts District Zones.

  • Boundaries of Arts District Zones.
  • There is hereby established three Arts District zones which consist of the following zones: (1) AD-C (Core), (2) AD-Civ (Civic), (3) AD-Res (Residential). Where used in this Section 22-24-4, the term “AD zones” refers to all three of the above-referenced zones. Although the AD zones have many of the same standards in common, each AD zone is a fully independent and separate zone. The boundaries of each of the three Arts District zones are as shown in the map below:

     

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    U

  • Use of Certain Terms. As used in this Section 22-24-4, the terms listed below shall have the following meanings:
    1. “Required Sidewalk” or “Sidewalk Adjacent to a Street” means the buffered sidewalk required by Orem City Code Section 22-8-8(B)(4) or sidewalks required by other applicable sections of the Orem City Code.
    2. A “street-facing façade” is any building elevation that faces a public street and is located within one hundred feet of a required sidewalk. For purposes of this definition, a building elevation faces a public street if any part of the elevation is visible from the street at a point on a line between the building and the street that is perpendicular to the street.
  • (Ord No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Default Standards. With respect to the AD-C and AD-Civ zones, the standards of the C2 zone (including the “Zone Development Standards for the State Street Corridor Area” where applicable) shall apply to any regulation not specifically addressed in this Section 22-24-4. With respect to the AD-Res zone, the standards of the PRD zone shall apply to any regulation not specifically addressed in this Section 22-24-4.
  • (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    U

  • Uses.
    1. Permitted Uses. All uses permitted in the C2 zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the AD-C, AD-Civ zones (subject to the limitation on residential uses outlined below). All uses permitted in the PRD zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the AD-Res zone, however stacked units are not permitted in the AD-Res zone.
    2. Prohibited Uses. Any use that is not included as a permitted use in subsection (1) above is prohibited in all of the AD zones.
    3. Limitation on Residential Use. In order to encourage the development of commercial uses in the AD-C zone, residential uses in any building in the AD-C zone shall not occupy more than 90% of the Gross Leasable Floor Area (GLFA) of such building.
      1. In the AD-C and AD-CIV zones, if at least 50% of a parcel’s street frontage is occupied by buildings that meet the maximum setback requirement of subsection (F)(2) below and have pedestrian access to the street at ground level, a building on the interior of the parcel may exceed the maximum residential GLFA limit by an amount equal to the amount (in square feet) by which the residential GLFA of buildings meeting the maximum setback requirement on the same parcel is below the maximum residential GLFA allowed in such buildings. This transfer of allowable residential occupancy may only be made to interior buildings and buildings with street frontage may in no case exceed the maximum residential GLFA requirement. Any such transfer shall be recorded upon a plat and recorded at the office of the Utah County Recorder. Upon, the execution of such a transfer of allowable residential occupancy, residential uses in the building that transferred a portion of its allowable residential use percentage shall not exceed the maximum percentage of GLFA allowed by the applicable zone less the amount of residential GLFA that was transferred to another building. For example, if a parcel in the AD-C zone has two buildings that each contain 50,000 square feet of GLFA and at least 50% of the street frontage of said parcel is occupied by a building that meets the maximum setback requirements, the interior building could be 100% occupied by residential uses provided that no more than 30,000 square feet of GLFA of the building fronting the street was occupied by residential uses and the transfer of 10,000 square feet of residential occupancy from the building with street frontage to the building on the interior of the lot was shown on a plat recorded with the Utah County Recorder. Following the transfer, residential uses in the building with street frontage could not exceed 30,000 square feet of GLFA ((80% x 50,000)-10,000 (transferred) = 30,000).
      2. A transfer of residential occupancy as described above is permanent unless modified by the owners of both buildings by an amended plat. If a parcel on which a transfer described above has taken place is subdivided, all buildings on the new parcels shall continue to meet the requirements with respect to maximum percentage of GFLA that may be occupied by residential uses to which they were subject prior to the subdivision.
  • (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Design Standards.
    1. Building Height. All buildings in the AD zones except for buildings in the AD-RES zone shall be at least two stories in height. Buildings in the AD-RES zone shall have a maximum height of 35 feet. There is no maximum height requirement for the AD-C and AD-CIV zones. Each building story above the ground story shall be designed and constructed to have at least 60% of the Gross Leasable Floor Area of the story directly below. The ground story of every building, except for buildings in the AD-Res zone, shall have a floor to ceiling height of at least 14 feet.
  • * A ground floor story in the AD-CIV zone that has an average floor to ceiling height of 18 feet or more shall count as two (2) stories toward the minimum story requirement.

      1. Setbacks. Except as otherwise provided below, there are no minimum setbacks in the AD zones.
        1. Maximum Setbacks. Except as otherwise provided herein, the ground level story of all buildings shall be set back no more than ten feet from the back of a required sidewalk. However, buildings may be set back an additional ten feet (for a total of twenty feet) from the back of a required sidewalk if the entire additional setback area is utilized as a “space open to the public” such as a plaza or outdoor dining area that is designed to be utilized by the public on a regular basis. A “space open to the public” as described herein must meet the definition provided in Section 22-2-1. An illustration of the maximum setback as well as the additional ten foot setback for a space open to the public is provided below.

    1. Prohibited Uses of Setback Area. The area of any setback from a required sidewalk may not be used for parking, parking lot driveways, drive-thrus, or drive-thru stacking.
    2. Setbacks From Residentially Zoned Property. No portion of any building (including roofs and parapets) in the AD zones may be located closer to a residentially zoned property not a part of the AD zones than the height of that portion of the building. In addition, no structure (or any part thereof) in the AD-Civ (Civic) or AD-C (Core) zones which is set back less than seventy-five feet from the AD-Res zone shall exceed a height of thirty-five feet. Note: The width of adjacent public right-of-way may be included when measuring setbacks to calculate maximum permitted building heights.

    Illustration of stepping-back of building height when next to residential zones

    (Ord. No. O-2021-0006, Amended 2/23/2021)
    1. Exception to Maximum Setback Requirement. Except as otherwise provided herein, no building may be constructed on a lot that has frontage on a public street unless the building complies with the maximum setback requirements set forth above.
      1. Notwithstanding the above, a building that does not meet the maximum setback requirements may be constructed on a parcel if at least 50% of that parcel’s street frontage is occupied by a building(s) façade that is located within twenty feet (20’) of the back of required sidewalk.
      2. A lot where less than fifty percent (50%) of the street frontage is occupied by a building(s) facade located within twenty feet (20’) of the back of required sidewalk may not be subdivided in such way that creates a new lot (1) that has no street frontage, or (2) where the percentage of the street frontage of the original lot included in the new lot is less than the percentage of the area of the original lot included in the new lot. For example, if a lot has 200 feet of street frontage and 40,000 square feet of area, a lot that is subdivided off the original lot that has 50 feet of street frontage (25% of the total frontage of the original parcel) may not have a total lot area greater than 10,000 square feet (25% x 40,000). The intent of this requirement is to prevent circumvention of the maximum setback requirement. This example is demonstrated in the following graphics:

    1. The width of one required street access (up to a maximum of thirty feet (30’) may be subtracted from the total parcel width when calculating the 50% frontage occupancy requirement.
    2. A building that does not meet the maximum setback requirements may be constructed before the 50% frontage occupancy requirement is met provided that buildings that will bring the lot into compliance with the 50% frontage occupancy requirement are constructed concurrently with the building that does not meet the maximum setback requirement.
    3. The maximum setback requirements do not apply to detached, single-family dwellings.
    1. Lot Size. All lots within the AD zones shall be a minimum of 7,500 square feet in area.
    2. Architectural Features. All buildings in the AD-C, AD-Civ, and AD-Res zones shall comply with the following architectural requirements.
      1. Vertical Façade Articulation. The architecture of all street-facing facades shall have a vertical break at least every fifty feet with a minimum depth of one foot. The required vertical breaks shall extend over at least 75% of the height of the building. An illustration of this requirement is provided below:

    b. Horizontal Expression Lines. Except for structures in the AD-RES zone, all street-facing facades shall incorporate horizontal expression lines in their architecture to delineate the ground story from any upper stories. Such expression lines shall include a cornice and/or a protrusion in materials with a minimum depth of six inches. An illustration of this requirement is provided below:

    1. Stepbacks. The street-facing façade(s) of the lowest story that contains residential uses and all stories above shall be stepped back at least 20 feet behind the façade of the story immediately below if all of the following apply:
      1. The building is four stories or more in height.
      2. The building is designed for residential uses in one or more stories.
      3. The street-facing façade of the ground floor is within 35 feet of a sidewalk adjacent to a street.
    2. Where the lowest story containing residential uses is set back at least twenty feet behind the façade of the story below as required by this subsection, at least seventy-five percent of the open roof area of such story shall be designed for and employed as an amenity for the residential occupants of the building. An illustration of this requirement is provided below:

    (Ord. No. O-2020-0006, Amended 2/23/2021)
    1. Materials.
      1. Except as otherwise provided, all buildings shall be completed on all sides with brick, split-face block, glass, stone, and wood (hereinafter referred to as “Tier 1 Materials”). Aluminum composite material panel systems, stucco, and Exterior Insulation and Finishing Systems (EIFS) (hereinafter referred to as “Tier 2 Materials”) shall only be permitted as trim on ground-level façades and shall only be allowed on up to a maximum of 20% of a street-facing façade and up to a maximum of 75% of a non-street facing façade.
      2. Standing seam metal (but no other metals) may be used for awnings. Sheet metal and corrugated metal and other metal finishes are only permitted for soffits, fascia, and similar minor architectural features (less than or equal to 5% coverage on any given elevation).
      
    1. Entrances.
      1. All primary buildings in the AD-C and AD-Civ zones shall have at least one entrance intended for public, daily customer, and/or resident use oriented toward a public street, public open space, or a privately-owned “space open to the public”, with first priority assigned to State Street, and second priority assigned to all other public streets.
      2. Lots within the AD-C zone with frontage on both State Street and 800 South shall have an entrance on the corner where the two streets meet.
      3. Corner entrances at street intersections are encouraged throughout the AD zones. An example of a desirable corner entrance is shown in the following image:

    1. Windows and Awnings. In the AD-C zone, at least 70% of each street-facing, ground story façade shall consist of transparent window coverage that is readily visible to a depth of at least five feet into the building. All awnings shall be durable canvas or standing seam metal. Plastic awnings are not permitted.
    2. Balconies. If a building is two stories or greater in height, balconies consisting of a minimum area of fifty (50) square feet shall be provided for at least fifty (50) percent of all residential units per building in the AD-C and AD-Civ zones. Balconies may be inset into the building or may project over City sidewalk a maximum of five feet so long as fourteen (14) feet of vertical clearance is provided between the sidewalk and the balcony. Balconies that don’t face a public street shall be set back at least eight feet any adjacent property line.
    3. Drive-thru Structures.
      1. Drive-thru canopy structures (such as a Drive-Thru ATM canopy) shall be located only on the rear or a non-street facing façade(s) of a building.

    Drive-thru windows, aisles, and vehicle stacking for drive-thrus are not permitted on any street-facing façade and/or within any street-facing setback areas.

    1. Screening.
      1. Trash storage containers (but not including trash cans associated with individual units in the AD-RES zone) and dumpsters shall be completely screened from public view with a masonry wall at least seven feet in height with sight-obscuring gates which must be located either behind, on a non-street facing side, or interior to a building.
      2. All electrical, utility, and mechanical equipment (including equipment on roofs) shall be fully screened from public view with sight-obscuring materials. Such equipment must be buried (vaulted) if located within any front or side street-facing setback areas, or if located within any required planter strip areas.
    2. Lighting.
      1. Each site (except for development in the AD-RES zone) shall include a Lighting Plan that is designed to discourage crime, enhance safety, and prevent direct glare onto adjacent properties.
    3. Public Art.
      1. Purpose. Public art is required in the Arts District zones in order to enhance the City’s character and identity, contribute to economic development and tourism, add warmth, dignity, beauty and expand the experience and participation of citizens with visual arts. The City Council finds that Public Art enhances the public welfare by providing education, recreation, entertainment and culture to the citizens of the City.
      2. Definitions. As used in this Section 22-24-4, the terms below shall have the following meanings:
        1. Artist means any professional practitioner in the arts who has professional, academic, vocational, or apprentice training in the arts and is generally recognized by critics and peers as a professional in the field as evidenced by his/her education, experience and artwork production.
        2. Development Activity means any construction of new structures that creates commercial gross leaseable floor area (GLFA) or residential units on a parcel of property. Development Activity also means reconstruction of all or part of an existing building that include GLFA or residential units. A building or any part thereof is considered to be reconstructed if at least 50% of that part of the building is demolished and rebuilt.
        3. Public Art means original tangible works created by an artist including, but not limited to paintings, murals, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, or other unusual or extraordinary architectural treatments, carvings, frescoes, mosaics, mobiles, drawings, collages, and prints.
      3. Public Art Requirement. A developer or owner of real property in the AD-C and AD-Civ zones shall be required to install Public Art on the property in connection with any development activity on the property in accordance with the provisions set forth below. The amount of Public Art required on a given parcel is defined in terms of credits and is based on the gross leasable floor area (GLFA) and the number of residential units constructed or reconstructed on the parcel as shown in the following table:

    Public Art Piece Requirements

    COMMERCIAL

    RESIDENTIAL

    Total Commercial GLFA

    (square feet)

    # of Art piece credits required

    Total # of Residential Units

    # of Art piece credits required

    0 - 1,000

    1

    1-5

    2

    1,001-4,000

    3

    6-15

    3

    4,001-8,000

    4

    16-30

    4

    8,001-12,000

    5

    31-45

    5

    12,001-16,000

    6

    46-65

    6

    20,001-24,000

    7

    66-90

    7

    24,001-28,000

    8

    91-120

    8

    32,001-36,000

    9

    121-155

    9

     

     

     

     

    40,001-44,000

    10

    156-195

    10

    44,001-48,000

    11

    196-240

    11

    52,001-56,000

    12

    241-290

    12

    56,001-60,000

    13

    291-345

    13

    60,001-64,000

    14

    346-405

    14

    64,001-68,000

    15

    406-470

    15

    68,000 +

    16

    471 +

    16

    The required number of Public Art credits may be fulfilled by providing any combination of “small”, “medium”, or “large” public art pieces (as defined in subsection (j) below). Small public art pieces are worth 1 credit. Medium public art pieces are worth 3 credits. Large public art pieces are worth 5 credits.

      1. Exemption From Public Art Requirement for One-Time Small Expansion or Reconstruction. Notwithstanding any other provision herein to the contrary, the requirement to install Public Art shall not apply to a one-time expansion and/or reconstruction of one primary building on a parcel provided that the expansion and/or reconstruction does not exceed 15% of the GLFA of that building existing as of October 9, 2018. This one time “small building addition or reconstruction” must be constructed at the same time and may not be divided into multiple additions or reconstructions that combined add up to 15% or less.
      2. Public Art Requirements. All Public Art installed on property in the AD-C and AD-Civ zones pursuant to this Section 22-24-4 shall meet the following additional requirements. The intent of these requirements is to ensure that the Public Art required on property in the applicable Arts District zones is of high quality and durability and will promote the objectives stated in the purpose section above. The following requirements are intended to require that private developers invest time, effort and money into the Public Art displayed on their sites, recognizing that the art will not only become integral, lasting components of the Arts District zones, but will be of intrinsic value to their developments.
        1. The Public Art shall be created by an artist as defined above.
        2. The Public Art shall be constructed of high-quality, durable and weather-resistant materials. The Public Art shall be designed to maintain its structural and artistic quality for a period of at least ten years notwithstanding the effects of the local climate and weather conditions. The Public Art shall be maintained in a neat and attractive manner and shall be kept free of dirt, rust and graffiti. In the event that the Public Art deteriorates to a point where it loses its artistic and/or aesthetic appeal and cannot be restored or repaired by the owner/developer, the owner/developer shall replace the Public Art with an equivalent piece of Public Art in accordance with the requirements of this Section 22-24-4.
        3. The Public Art shall reflect a high level of artistic and aesthetic quality as reflected by the artistic skill and aesthetic principles employed in its creation.
        4. The Public Art shall be designed to be compatible with the immediate environment of the site, particularly in regard to size, scale, materials used, location on the site, etc. The intent of this requirement is that the Public Art should enhance the aesthetic quality of the property rather than detract from it.
        5. The Public Art shall be situated on the property in such a way that it is readily visible to the public from a required sidewalk or “space open to the public” as well as to patrons/employees of the uses on the property.
        6. The materials, textures, colors and design employed in the Public Art shall be appropriate to the expression of the design concept.
        7. Neither the Public Art nor any part thereof shall contain or consist of commercial speech. Commercial speech means speech that does no more than propose a commercial transaction or expression related solely to the economic interests of the speaker and its audience.
        8. The Public Art must not create a hazard to the health, safety, or welfare of the public or otherwise create a nuisance.
        9. In order to ensure that the Public Art required by this section is of high quality and proportional to the scope and scale of the development, the owner/developer shall either:
        10. (a) Submit a proposal to and receive approval from the Arts District Review Board regarding the Public Art to be installed on the property. The proposal shall provide a general description of the art that is proposed to be installed on the property, a preliminary design of the proposed art (where practicable), the name and credentials of the artist(s) who will be creating the art, the proposed location of the art on the property, a description of the dimensions, location, materials, colors to be employed in the creation of the art, and an estimate of the cost of creating the art. The Arts District Review Board shall review the proposal and shall approve it only if it meets all of the requirements of this Section 22-14-4 as well as the purpose set forth in Section 22-14-4(A); or
        11. (b) Invest an amount of money in the design, creation and installation of the Public Art on the subject property that is equal to or greater than one percent of the projected construction costs (as reflected in the building permit documents) of the proposed development activity on the property and provide documentation to the City verifying the amount spent on such Public Art; or
        12. (c) If the owner/developer of property in the AD-C or AD-Civ zones does not wish to install Public Art on its property, the owner/developer may, in lieu of such requirement, donate to the City Arts District fund an amount equal to 1% of the projected construction costs of the proposed development on the property. Any funds contributed to the City Arts District fund in accordance with this subsection shall be used exclusively for the creation and installation of Public Art on City-owned property in the Arts District zones.

    An owner/developer is not required to obtain approval from the Arts District Review Board prior to installing the required Public Art. However, an owner/developer must still comply with either subsection (a), (b) or (c) above and if the owner/developer elects to install the Public Art before receiving approval from the Arts District Review Board, the owner/developer assumes the risk that additional expense might be incurred in obtaining the Board’s approval or complying with subsection (b) or (c) if the Public Art installed does not comply with the requirements of this section.

      1. Required Public Art (including murals) shall not exceed a height of thirty (30) feet above ground level.
      2. The Public Art required by this section shall be fully completed and installed on the applicable property prior to the issuance of any temporary or final certificate of occupancy for the development activity on which the Public Art requirement was based.
      3. The owner/developer of property shall post a bond for any required Public Art prior to the issuance of a building permit for the applicable development activity. The bond for the required Public Art shall be in an amount equal to one percent of the projected construction costs of the development activity unless the owner/developer has received approval of the proposed Public Art from the Arts District Review Board in which case the amount of the bond shall be the estimated cost of the Public Art approved by the Arts District Review Board.
      4. Any new site plan or amended site plan in the AD-C or AD-Civ zones shall show the location of any required Public Art as well as a note describing the required Public Art. The site plan shall also contain a note indicating that the required Public Art must be fully completed and installed prior to the issuance of a temporary or final certificate of occupancy for the development activity on which the Public Art requirement was based.
      5. Public Art Size Categories. Small, medium and large art pieces are defined as follows:
        1. “Small Public Art Piece”. A Small Public Art Piece is a Public Art piece where the sum of the height, width and depth of the object is at least eight feet. A Small Public Art Piece also includes a mural where the area of the mural face is at least 100 square feet.
        2. “Medium Public Art Piece”. A Medium Public Art Piece is a Public Art piece where the sum of the height, width and depth of the object is at least fifteen (15) feet. A Medium Public Art Piece also includes a mural where the area of the mural face is at least 225 square feet.
        3. “Large Public Art Piece”. A Large Public Art Piece is a Public Art piece where the sum of the height, width and depth of the object is at least thirty (30) feet. A Large Public Art Piece also includes a mural where the area of the mural face is at least 625 square feet.
      6. Other Qualifying Small Public Art Pieces. The following qualify as a Small Public Art Piece” if the following are met:
        1. Blade, wall, canopy, projecting, or marquee signs (as defined in Article 14-3) if:
          1. (a). The face of the sign is at least four square feet in area.
          2. (b). The sign is mounted to a decorative bracket(s) a minimum 24” x 6” x 1” in dimension. Decorative brackets shall be metal with curved and/or looping metalwork. An example of a decorative bracket is shown in the following image:
    1.  

        1. Monument Signs.
        2. (a) The face of the sign is at least 10 square feet in area.
        3. (b)The monument sign is mounted on top of a decorative base a minimum 48”x12”x6” in dimension AND incorporates a minimum 2’x2’x2’ public art piece as defined in Subsection C above into the design of the sign. The base shall be different in color, texture, or material from the sign face and shall be incorporated with the landscape with decorative rocks and/or plants. An example of a decorative base is shown in the following image:

     

     

     

    2’x2’x2’ Art Piece  

     

    Base defined with  

    separate material  

     

    Landscaping around  

    base of sign 

     

     

        1. Benches. Benches qualify as a Small Public Art Piece if they are permanently affixed to the ground, accessible to the public during regular business hours, and incorporate two or more of the following design elements: curved or looping metalwork; lights; custom concrete or woodwork; sculpture; over-scaled design; or wording formed by the structural design of the bench. The following are visual examples of benches that would qualify as a “small public art piece”:
     
        1. Bike racks. Bike racks qualify as a “small public art piece” if they are permanently affixed to the ground, have capacity to accommodate at least five (5) bicycles, are accessible to the public during regular business hours, and incorporate two or more of the following design elements: curved or looping metalwork; lights; custom concrete or woodwork; sculpture; over-scaled design; electric charging; or wording formed by the structural design of the bike rack. The following are visual examples of bike racks that would qualify as a “small public art piece”
     
        1. Street lamps. Street lamps qualify as a Small Public Art Piece if they are permanently affixed to the ground, have a functional lighting apparatus, are accessible to the public during regular business hours, and incorporate one or more of the following design elements: curved or looping metalwork; colored lighting; decorative brackets for signage as described earlier in this section; sculpture; over-scaled design; motion-activation; or wording formed by the structural design of the street light. The following are visual examples of street lamps that would qualify as a “small public art piece”:
        1. Raised planter boxes. Raised planter boxes qualify as a “small public art piece”, if they are permanently affixed to the ground, contain 50% coverage of living vegetation, are readily visible from a public right-of-way or “space open to the public”, and incorporate two or more of the following design elements: lighting; sculpture; custom concrete or woodwork; water features such as fountains or man-made streams; or wording formed by the structural design of the planter box. The following are visual examples of raised planters that would qualify as a “small public art piece”.
     
     
    1. Open Space.
      1. All lots in the AD-C, AD-RES, and AD-CIV zones with a residential use component shall have a minimum twenty percent (20%) of the lot area dedicated to open space (excluding required public sidewalks and planter strips). This requirement may be fulfilled with standard “open space” or with a “space open to the public” or a combination of both. However, a minimum of 10% of the lot’s area shall be maintained as a “space open to the public” (see Section 22-2-1 for definitions of “open space” and “spaces open to the public”).
      2. Commercial lots without a residential use component are not required to provide any type of “open space” (apart from the required sidewalks, planter strips and other required landscaping). However, if a “space open to the public” and an additional qualifying “Public Art Piece” above the base requirement (see Section 22-24-4 (F)(12)) is provided on a commercial lot without a residential use, the following bonuses shall be awarded to that parcel:

    Optionally-Provided “Spaces Open to the Public” & Public Art

     

    10% or more + 1 small “Public Art” piece

    20% or more+ 1 medium “Public Art” piece

    30% or more+ 1 large “Public Art” piece

     

     

    Bonuses

    Awarded

     

     

     

     

    - Up to 10% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

     

    - Up to 20% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in an AD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

     

    - Up to 30% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    - Excluding the ground floor, up to an additional 15% of street-facing façades only may be constructed with “Tier 2” materials.

     

    - 8% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in an AD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Note:  Percentages are calculated out of the total parcel area and are rounded down to the nearest 1 decimal point.

    1. Fencing.

    A fence meeting the requirements of Section 22-14-19(E) shall be maintained along any property line between a development in the AD-C or AD-CIV zone and a residential zone (that is not a part of the AD zone). The fence shall be constructed and maintained by the owner of the development in the applicable AD zone.

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

     

    Effective on: 10/9/2018

    T

  • Transportation.
    1. Streets. Private streets are not permitted in the AD zones. However private pedestrian promenades, driveways, vehicular accesses, and alleyways are permitted provided proper fire access is maintained throughout the site.
    2. Driveways and Accesses.
      1. Vehicular accesses shall be no more than thirty feet wide unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that a wider access is necessary for the site. In no event shall an access exceed forty (40) feet in width.
      2. No more than one access shall be allowed per lot unless the Planning Commission find, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that more than one access is needed for development on the lot.
      3. Where a driveway crosses a public sidewalk, the driveway shall be a different stained color, texture, or paving material than the sidewalk to warn drivers of the possibility of pedestrians in the area (See Figure 9 below).This requirement shall not apply in the AD-RES zone.
      4. All adjoining properties are required to share vehicular and pedestrian accesses to public streets and sidewalks and to provide any necessary cross-access easements to effectuate this sharing. This requirement shall not apply in the AD-RES zone.
  • Fig. 9 Stamped and colored asphalt.

      1. Traffic Study.
        1. A Traffic Impact Study (TIS) shall be required in connection with any site plan in the AD zone that is not a minor amendment as defined in Section 22-14-20(C)(3)(b). The provisions of Section 22-14-20(E)(8)(a-c) shall apply to any required TIS. The TIS shall evaluate the vehicle, bicycle, and pedestrian traffic both on site and in the general vicinity of the project. The TIS shall evaluate trip generations, turning movements to and from the property, street and roundabout geometrics, and traffic safety on and off the site. The TIS shall also address relevant items including but not limited to the following: surrounding street and intersection levels of service (LOS) before and after the project is completed, any mitigation efforts recommended to minimize project traffic impacts, proposed public and private street widths and alignments, site mobility, access management, potential traffic signal locations, street striping, signage, etc. The traffic engineer that performs the required TIS shall meet with the City Traffic Engineer prior to beginning the TIS to discuss specific areas of focus for the TIS. The Each site plan shall reflect and incorporate the recommendations of the traffic study and any other requirements that the City may deem necessary based upon the TIS. Any new development or redevelopment shall comply with all recommendations of the TIS.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    P

  • Parking.
    1. Parking Requirements.
      1. Required parking in the AD zones may be met within a parking lot, parking structure, or a shared parking agreement approved by the City.
      2. For the AD-C and AD-Civ zones, three parking stalls shall be provided for every one-thousand (1000) square feet of gross leasable floor area of nonresidential uses. Since any residential use in these zones is required to be part of a mixed-use development, no parking stalls shall be required for residential units included within the base residential density. The base residential density is calculated by dividing the total commercial parking requirement by three (3). For each residential unit in excess of the base residential density, a minimum of 1.75 parking stalls shall be provided (of which .1 stalls per unit shall be dedicated to visitor parking).
      3. For the AD-Res zone, 2.5 stalls shall be provided for each standard residential unit (less than three bedrooms and less than 1200 square feet) and 3.5 stalls shall be provided for each large residential unit (three or more bedrooms or 1200 or more square feet). Where parking areas are shared between multiple units, parking stalls shall be dedicated to each unit or to visitor parking by signage or painted numbering and at least 0.5 stalls of the per unit required parking standard shall be reserved for visitor parking.
      4. No Charge for Use of Required Parking. In order to ensure that residents of a development do not have an incentive to park off-site, no fee charge, deposit or other form of compensation (other than rent) may be required of a tenant for the right to use required parking stalls (including, for purposes of this subsection, the right to exclusive use of a particular parking stall). Neither the rent, the deposit or other fees charged to tenants may differ based on whether the tenant is given the right to use required parking. No form of compensation (including but not limited to a reduction in rent or other fees or charges) may be given to a tenant in exchange for a waiver or relinquishment of the right to use required parking. No penalty of any kind may be imposed upon a tenant for parking in a required parking stall.
  • (Ord. No. 2019-0032, Enacted 10/8/2019)
      1. Site plans within the AD District are not eligible for any parking modifications outlined in Section 22-15-5 and must meet the parking requirements outlined in this section.

        (Ord. No. 2019-0032, Enacted 10/8/2019)
    1. Parking Lot Standards. Except as otherwise provided herein, the provisions of Article 22-15 (Off-Street Parking) shall apply to all development in the AD zones.
      1. Buildings shall be sited to face the street with parking lots on the side or rear. Adjoining properties that have neighboring parking lots shall be connected and have cross-access easements established upon final plat approval. Any parking lots on the side of a building shall be set back at least 20 feet from a sidewalk adjacent to a street. The 20 foot parking setback area shall be maintained as “open space” or a “space open to the public” and shall be maintained with shrubs or other sight-obscuring features at a minimum height of three feet to screen the parking area from the street.
      2. Parking Lot Lighting: Parking lot light poles on properties adjacent to residential zones (including the AD-RES zone) outside of the AD zones shall be no closer than 50 feet to the adjacent residential property line. Additionally, globes must be shielded and the lighting directed down to minimize light encroachment onto adjacent properties or into upper level residential units in multi-story buildings. Lightproof fencing is also required when adjacent to residentially properties that are not in an AD zone.
      3. Concrete curbs shall be provided between landscaped areas and off-street parking areas. Low-profile curbs are permitted to accommodate low-impact developments (LIDs) in all landscaped areas except for within required planter strips along State Street (see also landscaping requirements in Section 22-14-13 (C)).
    2. Parking Structures.
      1. The street-facing façade of a parking structure must be “wrapped” with a habitable building designed and constructed for residential or commercial uses. All other facades of a parking structure shall be wrapped with buildings and/or have an external skin (or screen) designed to improve its visual appeal. Examples include heavy gauge metal screening, precast concrete panels, laminated or safety glass, decorative solar panels, or decorative façades. The intent is for parking structures to blend into surrounding buildings and not look like a parking structure. The Planning Commission may approve other decorative materials not listed herein if the proposed materials would have an equal or better aesthetic effect than the approved materials listed herein. All readily visible areas not wrapped with buildings shall be screened. To the greatest extent possible, uneven levels in parking structures shall be screened from public view. The following images demonstrate parking structure wrapping:
        1. Elevators and stairs shall be highlighted architecturally so visitors, internally and externally, can easily access these entry points.
        2. Any signage attached to the parking structure and wayfinding shall be integrated with the architecture of the parking structure and be architecturally compatible with the design. Public parking structures entrances shall be clearly signed from public streets.
        3. At a minimum, all street-facing facades of all parking structures shall be wrapped with structures designed and constructed for a commercial or residential use.
        4. Parking structures shall be designed to minimize vehicle noise and odors that emanate on to sidewalks and “spaces open to the public”. Venting and fan locations shall not be located next to “spaces open to the public” and are encouraged to be located on top of the parking structure where feasible.
      1. Specific use parking exceptions as established in Section 22-15-4 (G) apply in the AD Zone.
      2. Parking modifications as established in Section 22-15-5 apply in the AD Zone.
      3. Bicycle parking requirements as established in Section 22-15-7 apply in the AD Zone.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    S

  • Signs.
    1. Except as otherwise provided herein, all signs in the Arts District zones shall meet the standards provided in Article 14-3. All areas within the AD-C, AD-Civ and AD-Res zones shall be designated as Sign Zone “H” (14-3-3).
    2. Removal of Pole Signs. One of the purposes of the AD zones is to provide a more attractive environment for commercial and residential uses. The City has determined that pole signs are less aesthetically appealing than other types of signs such as monument signs. Therefore, pole signs are not permitted in the Arts District zones. Any existing pole signs shall be removed in the event that reconstruction is performed on fifteen percent (15%) or more of the footprint of an existing building on the lot upon which the pole sign(s) is located, upon the addition or expansion of a building that constitutes fifteen percent (15%) or more of the existing building footprint on the lot, or upon the construction of a new building on a lot. The removal of existing pole signs required by this section shall occur before the issuance of a certificate of occupancy for the new building or building expansion.
  • (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    P

  • Purpose.
  • The North Village District (NVD) zones are located at the City’s northern gateway. The NVD zones are intended to be more residential in nature, with neighborhood retail and smaller-scale development compared to the other four State Street Districts.

    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    Boundaries of North Village District Zones.

  • Boundaries of North Village District Zones.
  • There is hereby established four North Village District zones which consist of the following zones: (1) NVD-C (Core), (2) NVD-E (Edge), (3) NVD-Res-A (Residential) and (4) NVD-Res-B (Residential). Where used in this Section 22-24-5, the term “NVD zones” refers to all four of the above-referenced zones. Although the NVD zones have many of the same standards in common, each NVD zone is a fully independent and separate zone. The boundaries of each of the four North Village zones are as shown in the map below:

    (Ord. No. O-2018-0029, Enacted 10/9/2018; Ord. No. O-2021-0009, Amended 4/27/2021)

    Effective on: 10/9/2018

    U

  • Use of Certain Terms.
  • As used in this Section 22-24-5, the terms listed below shall have the following meanings:

    1. “Required Sidewalk” or “Sidewalk Adjacent to a Street” means the buffered sidewalk required by Orem City Code Section 22-8-8(B)(4) or sidewalks required by other applicable sections of the Orem City Code.
    2. A “street-facing façade” is any building elevation that faces a public street and is located within one hundred feet of a required sidewalk. For purposes of this definition, a building elevation faces a public street if any part of the elevation is visible from the street at a point on a line between the building and the street that is perpendicular to the street.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    D

  • Default Standards. With respect to the NVD-C and NVD-E zones, the standards of the C2 zone (including the “Zone Development Standards for the State Street Corridor Area” where applicable) shall apply to any regulation not specifically addressed in this Section 22-24-5. With respect to the NVD-Res (A & B) zones, the standards of the PRD zone shall apply to any regulation not specifically addressed in this Section 22-24-5.
  • (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    U

  • Uses.
    1. Permitted Uses. All uses permitted in the C2 zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the NVD-C and NVD-E zones (subject to the limitation on residential uses outlined below). All uses permitted in the PRD zone as well as SLU Code 1112 (Condominiums) and 1120 (Apartments) are permitted in the NVD-Res-(A&B) zones. However, no stacked units are allowed in the NVD-Res-B zone.
    2. Prohibited Uses. Any use that is not included as a permitted use in subsection (1) above is prohibited in all of the NVD zones.
    3. Limitation on Residential Use. In order to encourage the development of commercial uses in the NVD-C and NVD-E zones, residential uses in any building in the NVD-C and NVD-E zone shall not occupy more than the percentage of Gross Leasable Floor Area (GLFA) of such building shown in the table below:
  •  

    Zone

    Maximum

    Percentage of GLFA of Any Building that May be Occupied by Residential Uses (and uses accessory thereto)

    North Village District Zones

    NVD-C

    80%

    NVD-E

    90%

    1. If at least 50% of a parcel’s street frontage is occupied by buildings that meet the maximum setback requirement of subsection (F)(2) below and have pedestrian access to the street at ground level, a building on the interior of the parcel may exceed the maximum residential GLFA limit by an amount equal to the amount (in square feet) by which the residential GLFA of buildings meeting the maximum setback requirement on the same parcel is below the maximum residential GLFA allowed in such buildings. This transfer of allowable residential occupancy may only be made to interior buildings and buildings with street frontage may in no case exceed the maximum residential GLFA requirement. Any such transfer shall be recorded upon a plat and recorded at the office of the Utah County Recorder. Upon, the execution of such a transfer of allowable residential occupancy, residential uses in the building that transferred a portion of its allowable residential use percentage shall not exceed the maximum percentage of GLFA allowed by the applicable zone less the amount of residential GLFA that was transferred to another building. For example, if a parcel in the NVD-C zone has two buildings that each contain 50,000 square feet of GLFA and at least 50% of the street frontage of said parcel is occupied by a building that meets the maximum setback requirements, the interior building could be 100% occupied by residential uses provided that no more than 30,000 square feet of GLFA of the building fronting the street was occupied by residential uses and the transfer of 10,000 square feet of residential occupancy from the building with street frontage to the building on the interior of the lot was shown on a plat recorded with the Utah County Recorder. Following the transfer, residential uses in the building with street frontage could not exceed 30,000 square feet of GLFA ((80% x 50,000)-10,000 (transferred) = 30,000).
    2. A transfer of residential occupancy as described above is permanent unless modified by the owners of both buildings by an amended plat. If a parcel on which a transfer described above has taken place is subdivided, all buildings on the new parcels shall continue to meet the requirements with respect to maximum percentage of GFLA that may be occupied by residential uses to which they were subject prior to the subdivision.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

     

    Effective on: 10/9/2018

    D

  • Design Standards.
    1. Building Height. All buildings in the NVD-C zone shall be at least two stories in height. Buildings in the NVD-Res-B zone shall have a maximum height of 35 feet. Buildings in the NVD-C shall have a maximum height of 48 feet. Buildings in the NVD-E, and NVD-Res-A zones shall have a maximum height of 35 feet. The ground story of every building, except for buildings in the NVD-Res (A&B) zones, shall have a floor to ceiling height of at least 14 feet. In the NVD-C, NVD-E, and NVD-Res-A zones the height limitation shall not apply to belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, sky lights, cornices, antennas, or properly screened mechanical appurtenances. In no case shall the height of belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, sky lights, cornices, antennas, or properly screened mechanical appurtenances exceed a height of fifty-eight feet (58') measured from the average finished grade of the land immediately adjacent to the structure in the NVD-C zone and 45 feet in the NVD-E and NVD-RES-A zones. In no case shall that portion which exceeds the fifty-eight feet (58') or forty-five feet (45) height exceed fifty percent (50%) of the gross floor area of the uppermost floor of the building.
  • (Ord. No. O-2021-0020, Amended 7/27/2021)
    1. Setbacks. Except as otherwise provided below, there are no minimum setbacks in the NVD zones.
      1. Maximum Setbacks. Except as otherwise provided herein, the ground level story of all buildings shall be set back no more than ten feet from the back of a required sidewalk. However, buildings may be set back an additional ten feet (for a total of twenty feet) from the back of a required sidewalk if the entire additional setback area is utilized as a “space open to the public” such as a plaza or outdoor dining area that is designed to be utilized by the public on a regular basis. A “space open to the public” as described herein must meet the definition provided in Section 22-2-1. An illustration of the maximum setback as well as the additional ten-foot setback for a space open to the public is provided below.

    1. Prohibited Uses of Setback Area. The area of any setback from a required sidewalk may not be used for parking, parking lot driveways, drive-thrus, or drive-thru stacking.
    2. Setbacks From Residentially Zoned Property. No portion of any building (including roofs and parapets) in the NVD zones may be located closer to a residentially zoned property (including the Res(B) zone but not including the Res(A) zone) than the height of that portion of the building. In addition, no structure (or any part thereof) in the Edge zone which is set back less than seventy-five feet from: (1) a residential zone (including the Res(B) zone but not including the Res(A) zone), or (2) the back of curb where the property across the street from the back of curb is in a residential zone not a part of the NVD zones, shall exceed a height of thirty-five feet. Note: The width of adjacent public right-of-way may be included when measuring setbacks to calculate maximum permitted building heights.
    (Ord. No. O-2021-0006, Amended 2/23/2021) 

    1. Exception to Maximum Setback Requirement. Except as otherwise provided herein, no building may be constructed on a lot that has frontage on a public street unless the building complies with the maximum setback requirements set forth above.
      1. Notwithstanding the above, a building that does not meet the maximum setback requirements may be constructed on a parcel if at least 50% of that parcel’s street frontage is occupied by a building(s) façade that is located within twenty feet (20’) of the back of required sidewalk.
      2. A lot where less than fifty percent (50%) of the street frontage is occupied by a building(s) facade located within twenty feet (20’) of the back of required sidewalk may not be subdivided in such way that creates a new lot (1) that has no street frontage, or (2) where the percentage of the street frontage of the original lot included in the new lot is less than the percentage of the area of the original lot included in the new lot. For example, if a lot has 200 feet of street frontage and 40,000 square feet of area, a lot that is subdivided off the original lot that has 50 feet of street frontage (25% of the total frontage of the original parcel) may not have a total lot area greater than 10,000 square feet (25% x 40,000). The intent of this requirement is to prevent circumvention of the maximum setback requirement. This example is demonstrated in the following graphics:

    1. The width of one required street access (up to a maximum of thirty feet (30’) may be subtracted from the total parcel width when calculating the 50% frontage occupancy requirement.
    2. A building that does not meet the maximum setback requirements may be constructed before the 50% frontage occupancy requirement is met provided that buildings that will bring the lot into compliance with the 50% frontage occupancy requirement are constructed concurrently with the building that does not meet the maximum setback requirement.
    3. The maximum setback requirements do not apply to detached, single-family dwellings.
    1. Lot Size. All lots within the NVD zones shall be a minimum of 7,500 square feet in area.
    2. Architectural Features. All buildings in the NVD-C, NVD-E, and NVD-Res-A zones shall comply with the following architectural requirements.
      1. Vertical Façade Articulation. The architecture of all street-facing facades shall have a vertical break at least every fifty feet with a minimum depth of one foot. The required vertical breaks shall extend over at least 75% of the height of the building. An illustration of this requirement is provided below:

    1. Horizontal Expression Lines. Except for structures in the NVD-RES(B) zone, all street-facing facades shall incorporate horizontal expression lines in their architecture to delineate the ground story from any upper stories. Such expression lines shall include a cornice and/or a protrusion in materials with a minimum depth of six inches. An illustration of this requirement is provided below:

    1.  c. Stepbacks. The street-facing façade(s) of the lowest story that contains residential uses and all stories above shall be stepped back at least 20 feet behind the façade of the story immediately below if all of the following apply:
      1. The building is four stories or more in height.
      2. The building is designed for residential uses in one or more stories.
      3. The street-facing façade of the ground floor is within 35 feet of a sidewalk adjacent to a street. 
    2. Where the lowest story containing residential uses is set back at least twenty feet behind the façade of the story below as required by this subsection, at least seventy-five percent of the open roof area of such story shall be designed for and employed as an amenity for the residential occupants of the building. An illustration of this requirement is provided below:

    (Ord. No. O-2021-0006, Amended 2/23/2021)
    1. Materials.
      1. Except as otherwise provided, all buildings shall be completed on all sides with brick, split-face block, glass, stone, and wood (hereinafter referred to as “Tier 1 Materials”). Aluminum composite material panel systems, stucco, and Exterior Insulation and Finishing Systems (EIFS) (hereinafter referred to as “Tier 2 Materials”) shall only be permitted as trim on ground-level façades and shall only be allowed on up to a maximum of 20% of a street-facing façade and up to a maximum of 75% of a non-street facing façades.
      2. Standing seam metal (but no other metals) may be used for awnings. Sheet metal and corrugated metal and other metal finishes are only permitted for soffits, fascia, and similar minor architectural features (less than or equal to 5% coverage on any given elevation).
      
    1. Entrances.
      1. All primary buildings in the NVD-C and NVD-E zones shall have at least one entrance intended for public, daily customer, and/or resident use oriented toward a public street, public open space, or a privately-owned “space open to the public”, with first priority assigned to State Street, and second priority assigned to all other public streets.
      2. Lots within the NVD-C zone with frontage on both State Street and 1600 North shall have an entrance on the corner where the two streets meet.
      3. Corner entrances at street intersections are encouraged throughout the NVD zones. An example of a desirable corner entrance is shown in the following image:

    1. Windows and Awnings. In the NVD-C and NVD-E zone, each street-facing, ground story façade shall consist of transparent window coverage that is readily visible to a depth of at least five feet into the building. These percentage requirements vary within the NVD zones as shown in the table below. All awnings shall be durable canvas or standing seam metal. Plastic awnings are not permitted.

     

    Zone

    Minimum % of Transparency

     

     

     

    North Village District Zones

    NVD-C

    70%

    NVD-E

    60%

    NVD-RES (A&B)

    0%

     

    1. Balconies. If a building is two stories or greater in height, balconies consisting of a minimum area of fifty (50) square feet shall be provided for at least fifty (50) percent of all residential units per building in the NVD-C, NVD-E, and NVD-Res-A zones. Balconies may be inset into the building or may project over City sidewalk a maximum of five feet so long as fourteen (14) feet of vertical clearance is provided between the sidewalk and the balcony. Balconies that don’t face a public street shall be set back at least eight feet from any adjacent property line.
    2. Drive-thru Structures.
      1. Drive-thru canopy structures (such as a Drive-Thru ATM canopy) shall be located only on the rear or a non-street facing façade(s) of a building.

    Drive-thru windows, aisles, and vehicle stacking for drive-thrus are not permitted on any street-facing façade and/or within any street-facing setback areas.

    1. Screening.
      1. Trash storage containers (but not including trash cans associated with individual units in the NVD-RES(B) zone) and dumpsters shall be completely screened from public view with a masonry wall at least seven feet in height with sight-obscuring gates which must be located either behind, on a non-street facing side, or interior to a building.
      2. All electrical, utility, and mechanical equipment (including equipment on roofs) shall be fully screened from public view with sight-obscuring materials. Such equipment must be buried (vaulted) if located within any front or side street-facing setback areas, or if located within any required planter strip areas.
    2. Lighting.
      1. Each site (except for development in the NVD-RES(B) zone) shall include a Lighting Plan that is designed to discourage crime, enhance safety, and prevent direct glare onto adjacent properties.
    3. Open Space.
      1. All lots in the NVD-C, NVD-E, NVD-RES(B) and NVD-RES(A) zones with a residential use component shall have a minimum twenty percent (20%) of the lot area dedicated to open space (excluding required public sidewalks and planter strips). This requirement may be fulfilled with standard “open space” or with a “space open to the public” or a combination of both. However, a minimum of 10% of the lot’s area shall be maintained as a “space open to the public” (see Section 22-2-1 for definitions of “open space” and “spaces open to the public”).
      2. Commercial lots without a residential use component are not required to provide any type of “open space” (apart from the required sidewalks, planter strips and other required landscaping). However, if a “space open to the public” is provided on a commercial lot without a residential use, the following bonuses shall be awarded to that parcel:

    Percentage of Provided “Spaces Open to the Public” out of Total Parcel Area

     

    10% or more

    20% or more

    30% or more

    Bonuses

    Awarded

     

     

    - Up to 10% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

    - Up to 20% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    -5% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a NVD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    - Up to 30% of required parking may be “compact” stalls (measuring 7.5 ft. wide x 16 ft. deep).

     

    - Excluding the ground floor, up to an additional 15% of street-facing façades only may be constructed with “Tier 2” materials.

     

    - 8% overall parking reduction

     

    -Up to 5% of parking requirement may be met from on-street parking located in a NVD zone (if not previously allocated to another parcel) located within 300 feet of the parcel (but excluding State Street)

    Note: Percentage calculations are rounded down to the nearest 1 decimal point.

    1. Fencing. A fence meeting the requirements of Section 22-14-19(E) shall be maintained along any property line between a development in the NVD-C, NVD-E, or NVD-RES(A) zones and a residential zone (that is not a NVD zone). The fence shall be constructed and maintained by the owner of the development in the applicable NVD zone.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    T

  • Transportation.
    1. Streets. Private streets are not permitted in the NVD zones. However private pedestrian promenades, driveways, vehicular accesses, and alleyways are permitted provided proper fire access is maintained throughout the site.
    2. Driveways and Accesses.
      1. Vehicular accesses shall be no more than thirty feet wide unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that a wider access is necessary for the site. In no event shall an access exceed forty (40) feet in width.
      2. No more than one access shall be allowed per lot unless the Planning Commission finds, based on a traffic study performed by a licensed traffic engineer and/or an analysis provided by the City Transportation Engineer, that more than one access is needed for development on the lot.
      3. Where a driveway crosses a public sidewalk, the driveway shall be a different stained color, texture, or paving material than the sidewalk to warn drivers of the possibility of pedestrians in the area. (See Figure 9 below). This requirement shall not apply in the NVD-Res-B zone.
      4. All adjoining properties are required to share vehicular and pedestrian accesses to public streets and sidewalks and to provide any necessary cross-access easements to effectuate this sharing. This requirement shall not apply in the NVD-Res-B zone.
  • Fig. 9 Stamped and colored asphalt.

    1. Traffic Study. A Traffic Impact Study (TIS) shall be required in connection with any site plan in the CXD zones that is not a minor amendment as defined in Section 22-14-20(C)(3)(b). The provisions of Section 22-14-20(E)(8)(a-c) shall apply to any required TIS. The TIS shall evaluate the vehicle, bicycle, and pedestrian traffic both on site and in the general vicinity of the project. The TIS shall evaluate trip generations, turning movements to and from the property, street and roundabout geometrics, and traffic safety on and off the site. The TIS shall also address relevant items including but not limited to the following: surrounding street and intersection levels of service (LOS) before and after the project is completed, any mitigation efforts recommended to minimize project traffic impacts, proposed public and private street widths and alignments, site mobility, access management, potential traffic signal locations, street striping, signage, etc. The traffic engineer that performs the required TIS shall meet with the City Traffic Engineer prior to beginning the TIS to discuss specific areas of focus for the TIS. Each site plan shall reflect and incorporate the recommendations of the traffic study and any other requirements that the City may deem necessary based upon the TIS. Any new development or redevelopment shall comply with all recommendations of the TIS.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    P

  • Parking.
    1. Parking Requirements
      1. Required parking in the NVD zones may be met within a parking lot, parking structure, or a shared parking agreement approved by the City.
      2. For the “Core” and “Edge” zones, three parking stalls shall be provided for every one-thousand (1000) square feet of gross leasable floor area of nonresidential uses. Since any residential use in these zones is required to be part of a mixed-use development, no parking stalls shall be required for residential units included within the base residential density. The base residential density is calculated by dividing the total commercial parking requirement by three (3). For each residential unit in excess of the base residential density, a minimum of 2.25 parking stalls shall be provided (of which .10 stalls per unit shall be dedicated to visitor parking).
      3. For the NVD-Res (A&B) zones, 2.5 stalls shall be provided for each standard residential unit (less than three bedrooms and less than 1200 square feet) and 3.5 stalls shall be provided for each large residential unit (three or more bedrooms or 1200 or more square feet). Where parking areas are shared between multiple units, parking stalls shall be dedicated to each unit or to visitor parking by signage or painted numbering and at least 0.5 stalls of the per unit required parking standard shall be reserved for visitor parking.
      4. In order to ensure that residents of a development do not have an incentive to park off-site, no fee charge, deposit or other form of compensation (other than rent) may be required of a tenant for the right to use required parking stalls (including, for purposes of this subsection, the right to exclusive use of a particular parking stall). Neither the rent, the deposit or other fees charged to tenants may differ based on whether the tenant is given the right to use required parking. No form of compensation (including but not limited to a reduction in rent or other fees or charges) may be given to a tenant in exchange for a waiver or relinquishment of the right to use required parking. No penalty of any kind may be imposed upon a tenant for parking in a required parking stall.
  • (Ord. No. 2019-0032, Enacted 10/8/2019; Ord. No. O-2021-0020, Amended 7/27/2021)
    1. Site plans within the AD District are not eligible for any parking modifications outlined in Section 22-15-5 and must meet the parking requirements outlined in this section.
    (Ord. No. 2019-0032, Enacted 10/8/2019)
      1. Parking Lot Standards. Except as otherwise provided herein, the provisions of Article 22-15 (Off-Street Parking) shall apply to all development in the NVD zones.
        1. Buildings shall be sited to face the street with parking lots on the side or rear. Adjoining properties that have neighboring parking lots shall be connected and have cross-access easements established upon final plat approval. Any parking lots on the side of a building shall be set back at least 20 feet from a sidewalk adjacent to a street. The 20-foot parking setback area shall be maintained as “open space” or a “space open to the public” and shall be maintained with shrubs or other sight-obscuring features at a minimum height of three feet to screen the parking area from the street.
        2. Parking Lot Lighting: Parking lot light poles on properties adjacent to residential zones (including the NVD-RES(B) zone but not the NVD-RES(A) zone) shall be no closer than 50 feet to the adjacent residential property line. Additionally, globes must be shielded and the lighting directed down to minimize light encroachment onto adjacent properties or into upper level residential units in multi-story buildings. Lightproof fencing is also required when adjacent to residentially properties that are not in a NVD zone.
        3. Concrete curbs shall be provided between landscaped areas and off-street parking areas. Low-profile curbs are permitted to accommodate low-impact developments (LIDs) in all landscaped areas except for within required planter strips along State Street (see also landscaping requirements in Section 22-14-13 (C)).
      2. Parking Structures.
        1. The street-facing façade of a parking structure must be “wrapped” with a habitable building designed and constructed for residential or commercial uses. All other facades of a parking structure shall be wrapped with buildings and/or have an external skin (or screen) designed to improve its visual appeal. Examples include heavy gauge metal screening, precast concrete panels, laminated or safety glass, decorative solar panels, or decorative façades. The intent is for parking structures to blend into surrounding buildings and not look like a parking structure. The Planning Commission may approve other decorative materials not listed herein if the proposed materials would have an equal or better aesthetic effect than the approved materials listed herein. All readily visible areas not wrapped with buildings shall be screened. To the greatest extent possible, uneven levels in parking structures shall be screened from public view. The following images demonstrate parking structure wrapping:

    1. Elevators and stairs shall be highlighted architecturally so visitors, internally and externally, can easily access these entry points.
    2. Any signage attached to the parking structure and wayfinding signage shall be integrated with the architecture of the parking structure and be architecturally compatible with the design. Public parking structures entrances shall be clearly signed from public streets.
    3. At a minimum, all street-facing façades of all parking structures shall be wrapped with structures designed and constructed for a commercial or residential use.
    4. Parking structures shall be designed to minimize vehicle noise and odors that emanate on to sidewalks and “spaces open to the public”. Venting and fan locations shall not be located next to “spaces open to the public” and are encouraged to be located on top of the parking structure where feasible.
      1. Specific use parking exceptions as established in Section 22-15-4 (G) apply in the NVD Zone.
      2. Parking modifications as established in Section 22-15-5 apply in the NVD Zone.
      3. Bicycle parking requirements as established in Section 22-15-7 apply in the NVD Zone.
    (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018

    S

  • Signs.
    1. Except as otherwise provided herein, all signs in the North Village District zones shall meet the standards provided in Article 14-3. All areas within the NVD-C, NVD-E, and NVD-Res-A zones shall be designated as Sign Zone “H” (14-3-3).
    2. Removal of Pole Signs. One of the purposes of the NVD zones is to provide a more attractive environment for commercial and residential uses. The City has determined that pole signs are less aesthetically appealing than other types of signs such as monument signs. Therefore, pole signs are not permitted in the North Village District zones. Any existing pole signs shall be removed in the event that reconstruction is performed on fifteen percent (15%) or more of the footprint of an existing building on the lot upon which the pole sign(s) is located, upon the addition or expansion of a building that constitutes fifteen percent (15%) or more of the existing building footprint on the lot, or upon the construction of a new building on a lot. The removal of existing pole signs required by this section shall occur before the issuance of a certificate of occupancy for the new building or building expansion.
  • (Ord. No. O-2018-0029, Enacted 10/9/2018)

    Effective on: 10/9/2018