(Ord No. 661, Revised 4/10/1990; Ord. No. O-93-0036, Amended 12/14/1993; Ord No. 97-0040, Repealed & Reenacted 8/12/1997; Ord No. O-01-0021, Amended 6/12/2001; Ord. No. O-03-0014, Amended 06/24/2003; Ord No. O-06-0014, Amended 7/25/2006; Ord. No. O-07-0043, Amended 09/25/2007)

2. B.
   Setbacks. The following setbacks shall apply to all principal buildings and dwellings in the following residential zones:

Deep Lot Setbacks. The minimum setbacks for the primary structure on a deep lot shall be as follows:

1. A.

   At least two (2) of the setbacks on all deep lots shall be at least twenty-five (25') feet.

2. B.

   All other setbacks for deep lots approved prior to March 13, 2007, shall conform to the side yard setback requirements outlined in Article 22-6.

3. C.

   For deep lots approved after March 13, 2007:

   1. 1.

      If the height of the primary structure is twenty-seven (27) feet or less, the setback from the deep lot subdivision’s exterior lot boundary shall be a minimum of fifteen (15) feet. All other setbacks shall be at least twelve (12) feet (at least two of the setbacks shall be at least twenty-five feet as required by subsection (1)).

   2. 2.

      If the height of the primary structure exceeds twenty-seven (27) feet, all exterior setbacks (setbacks from adjacent parcels not a part of the deep lot subdivision) shall be equal to or greater than the height of the structure. All other setbacks shall be at least twelve (12) feet (at least two of the setbacks shall be at least twenty-five feet as required by subsection (1)).

4. D.

   All primary structures shall be set back at least five feet (5’) from a private drive accessing a deep lot.

5. E.

   Garage doors and carport entries that face a deep lot access shall be set back at least eighteen (18) feet from the private drive accessing the deep lot.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-0004, Amended 03/17/1992; Ord. No. O-93-0036, Amended 12/14/1993; Ord. No. O-93-0036, Amended 12/14/1993; Ord No. O-96-0002, Amended 1/2/1996; Ord. No. O-97-0040, Rep&ReEn 08/12/1997; Ord. No. O-99-0056, Amended 12/14/1999; Ord No. O-01-0021, Amended 6/12/2001; Ord. No. O-01-0033, Amended 09/04/2001; Ord No. O-01-0047, Amended 12/04/2001; Ord. No. O-02-0016, Amended 05/07/2002; Ord. No. O-03-0014, Amended 06/24/2003; Ord. No. O-2017-0010, Amended 04/25/2017)

3. C.
   Exceptions. Exceptions to the lot width and lot size requirements stated above may be allowed in the following circumstances:

   1. 1.
      Lot Width. The Planning Commission may approve a subdivision with lots that have a width less than that required above provided the following conditions are met:

      1. a.
         The proposed lot width in the R8, R12, and R20 zones is at least eighty-five percent (85%) of the minimum lot width required by these zones, and the proposed lot width in the R6, R6.5 and R7.5 zones is at least ninety-five percent (95%) of the minimum lot width required by these zones;
      2. b.
         The proposed subdivision is created only from a metes and bounds lot that is vacant or occupied only by a single-family dwelling and not from any lot platted in a recorded subdivision;
      3. c.
         No more than two (2) lots with a reduced lot width are created by the proposed subdivision or from any metes and bounds lot in existence as of January 1, 2003;
      4. d.
         Each lot contains at least the minimum square footage required by the zone in which the lot is located;
      5. e.
         The applicant demonstrates that the buildable area for each lot is at least thirty feet (30’) in width and that it is feasible to construct a marketable house on each lot for which the required lot width is reduced. In order to fulfill this requirement, the applicant may be required to submit house plans that could be built on the lot with the reduced lot width;
      6. f.
         No part of the front lot line of a lot with a reduced width is located on the bulb of a cul-de-sac;
      7. g.
         The area of a private drive accessing a deep lot is not included in the reduced lot width requirement; and
      8. h.
         Each lot meets all other applicable subdivision and zoning ordinance requirements.
   2. 2.
      Lot Size. The Planning Commission may approve a subdivision with lots that have an area less than that required by the zoning ordinance provided the following conditions are met:

      1. a.
         The proposed area of each lot is at least ninety percent (90%) of the minimum lot area required by the zone in which the lot is located;
      2. b.
         The proposed subdivision is created only from a metes and bounds lot that is vacant or occupied only by a single-family dwelling and not from any lot platted in a recorded subdivision;
      3. c.
         No more than two (2) lots with a reduced lot area may be created by the proposed subdivision or from any metes and bounds lot in existence as of January 1, 2003;
      4. d.
         The average lot size of all lots in the subdivision is equal to or greater than the minimum square footage required by the zone in which the lots are located excluding the area of any private drive accessing a deep lot;
      5. e.
         No deep lot shall have a reduced lot area;
      6. f.
         The applicant demonstrates that it is feasible to construct a marketable house on each lot for which the required lot area is reduced. In order to fulfill this requirement, the applicant may be required to submit house plans that could be built on the lot with the reduced lot area;
      7. g.
         The area of a private drive accessing a deep lot is not included toward meeting the reduced lot area requirement of any lot; and
      8. h.
         Each lot meets all other subdivision and zoning ordinance requirements including setback and lot width requirements.
   3. 3.
      Setbacks. No portion of a principal building or dwelling shall violate the required setbacks except as noted herein.

      1. a.
         Cantilevered extensions of a building (extensions that are not supported by a foundation) which may include but are not limited to roof overhangs, bay windows, box windows, chimneys, covered stairwells and stairs, (collectively referred to as “projections”) may encroach into a required setback a total of no more than twenty-four inches (24") provided that the width of any such projection is no more than ten (10) feet. A single-family residential structure may have no more than two (2) such projections into a required setback and each such projection must be located on a separate elevation. Eaves and projections shall not encroach over a public utility easement. Porches and the roofs over them may project up to five feet (5’) into a required front or rear yard setback. Nothing herein shall be construed to permit the encroachment of a projection into a required setback where such encroachment is prohibited by an applicable building code..
      2. b.
         Covered decks/patios and decks/patios extending from upper floors of the main structure shall comply with the setback requirements of the zone. Uncovered decks/patios may extend to the side and rear property lines provided that the deck/patio floor level does not exceed eighteen inches (18") in height above the grade. If the uncovered deck/patio exceeds eighteen inches (18") in height above the grade, it shall be set back at least ten feet (10') from the side and rear lot lines.

      3. c.
         The Director of Development Services may approve a setback that is less than that required by this Article, provided that:

         1. i.
            the corresponding setback on at least seventy percent (70%) of the lots within a distance of three hundred feet (300’) in all directions, excluding lots within planned residential developments, is less than that required above; and
         2. ii.
            The reduced setback is no less than the average of all the corresponding yard setbacks in “(1)” above.

Ord. No. 661, Revised, 04/10/1990; Ord No. O-96-0002, Amended 01/02/1996; Ord. No. O-97-0040, Rep&ReEn 08/12/1997; Ord. No. O-99-0056, Amended 12/14/1999; Ord No. O-01-0021, Amended 6/12/2001; Ord. No. O-03-0014, Amended 06/24/2003; Ord. No. O-2016-0002, Amended & Renumbered 01/12/2016)

4. D.
   Accessory Buildings/Structures.

   1. 1.
      Prohibited Locations.

      1. a.
         No accessory building/structure requiring a building permit shall be located closer than six feet (6’) to the primary structure on the lot.
      2. b.
         No accessory building/structure may be constructed in a front yard unless the accessory building/structure is set back at least forty (40) feet from the front property line nor shall it be placed within a required side yard adjacent to a street, or within any public utility easement.
      3. c.
         In no case may an accessory building/structure extend beyond property lines.
      4. d.
         Concrete panel fences, (fence panels that do not require a solid footing) may be located within the public utility easement provided the property owner receives releases from the affected utility companies and agrees that any future modification of their fence required by those companies will be at the property owner’s expense.
   2. 2.
      Maximum Area Limitations. The total footprint area of all accessory buildings/structures shall not exceed eight percent (8%) of the area of the parcel upon which they are located for single-family lots and twelve percent (12%) for multifamily developments. For the purpose of this section, structures located at or below grade shall not be considered in determining the total amount of lot coverage of accessory structures.
   3. 3.
      Rear Yard Requirements. An accessory building/structure may be constructed in a rear yard, or in a side setback that is not between the primary structure and the side property line, provided the accessory building/structure:

      1. a.
         does not exceed eighteen feet (18') in height above grade if located in the required setback; and
      2. b.
         does not exceed eighteen feet (18') in height, or the height of the primary structure(whichever is greater), if not located in the required setback.
   4. 4.
      Side Yard Requirements. Accessory buildings/structures may be constructed between the primary structure and the side property line which is not adjacent to a street if the accessory buildings/structures do not cover more than fifteen percent (15%) of the required side yard setback area; and

      1. a.
         do not exceed eight feet (8') in height above grade if adjacent to a vacant or residential use and if located within the required side yard setback; or
      2. b.
         do not exceed eighteen feet (18') in height or the height of the primary structure (whichever is greater), if adjacent to a nonresidential use or if not located in the required side yard setback.
   5. 5.
      Architectural Controls. If the total footprint area of an accessory building/structure exceeds 500 square feet or 50% of the footprint area of the primary structure (whichever is less), the accessory structure must:

      1. a.
         be designed with residential styling, including:

         1. i.
            a roof pitch which matches that of the primary structure, but not to be less than four feet of rise to twelve feet of run for single-family lots whereas multifamily developments may have flat roofs for carports; and
         2. ii.
            exterior finishing materials similar to the exterior finishing materials used on the primary structure or primary structures on any surrounding residential property within a 300 foot radius; and
      2. b.
         have design characteristics that are in harmony with existing residential buildings in the neighborhood; and
      3. c.
         create no substantial adverse aesthetic or economic impacts on the neighborhood.

   6. 6.
      Building Codes. An accessory building/structure shall be constructed in accordance with the requirements of the International Building Codes.
   7. 7.
      Use Limitations. An accessory building/structure located in a residential zone shall not be designed or used as a guest house or a separate apartment unit.
   8. 8.
      Restriction of Drainage. Accessory buildings/structures shall be constructed in such a manner that water runoff from the accessory building/structure does not flow onto adjoining property.
   9. 9.
      Prohibited Structures. Shipping containers, semi-trailers, boxcars, PODS^®, or similar structures may not be installed or maintained on a residential lot.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-97-0040, Redp&ReEn 08/12/1997; Ord. No. O-99-0056, Amended 12/14/1999; Ord No. O-01-0021, Amended 6/12/2001; Ord. No. O-03-0014, Amended 06/24/2003; Ord No. O-05-0005, Amended 02/08/2005; Ord No. O-05-0013, Amended 05/10/2005; Ord. No. O-07-0023, Amended 03/27/2007 ; Ord. No. O-09-0015, Amended 06/23/2009; Ord. No. O-2011-0021, Amended 11/15/2011; Ord. No. O-2012-0007, Enacted 03/13/2012)

5. E.
   Repealed.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-96-0002, Revised 01/02/1996; Ord. No. O-97-0024, Amended 04/22/1997; Ord. No. O 97-0040, Rep&ReEn 08/12/1997; Ord No. O-99-0056, Amended 12/14/1999; Ord. No. O-01-0021, Amended 6/12/2001; Ord. No. O-02-0016, Deleted 05/07/2002; Ord. No. O-03-0014, Amended 06/24/2003; O-2016-0002, Deleted 01/12/2016)

6. F.
   Single Family. Only one (1) single family dwelling may be constructed per lot in a residential zone. A single family dwelling shall only be occupied by one single family or by a group home conforming to the requirements listed in Section 22-6-9(A), (B), (C), (D) or (E). Only one (1) single family shall occupy an accessory apartment.

   1. 1.
      A person aged sixty-five or older who owns and occupies a single family dwelling may allow two additional persons over eighteen years old and their minor children to occupy the dwelling and may receive rent from such persons provided the following requirements are met:

      1. a.
         The person meets the definition of owner as set forth in Orem City Code Section 22-6-9(I)(2);
      2. b.
         The owner continuously occupies the single family dwelling;
      3. c.
         Interior access is maintained to all portions of the dwelling and no additional dwelling units are created;
      4. d.
         No additional utility meters for the dwelling are installed and no exterior structural elements of the dwelling are altered to accommodate the additional renters. However, this subsection shall not prohibit the construction of an additional outside entrance to the dwelling;
      5. e.
         All City provided utilities and services including water, sewer, and solid waste removal are maintained in the name of the property owner;
      6. f.
         The property address is not changed and no new address is created;
      7. g.
         At least three off-street parking spaces are maintained on the property. The number of vehicles maintained by all of the occupants of the dwelling may not exceed the number of off-street parking spaces;
      8. h.
         No other person lives with the elderly person other than the elderly person’s (1) spouse, (2) minor children, (3) disabled adult children, and (4) other minor children for whom the elderly person or the elderly person’s spouse has legal custody.
      9. i.
         The owner of the dwelling registers with the City Department of Development Services and signs an agreement that the owner is and will remain in compliance with the requirements of this subsection (F)(1) and certifies every year thereafter that the owner is and will remain in compliance with the requirements of this subsection (F)(1); and

   The surviving spouse of an owner who qualified for and exercised the benefits of this section, may continue to exercise the privileges of an owner under this section in the same house and to the same extent that the owner did at the time of his or her death, provided that the surviving spouse complies with the requirements set forth in subsections (a) through (i).

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn 08/12/1997; Ord No. O-01-0021, Amended 6/12/2001; Ord. No. O-02-0016 Deleted 05/07/2002; Ord. No. O-03-0014, Amended 06/24/2003; Ord. No. O-07-0035, Amended 07/10/2007; Ord. No. O-2011-0005, Amended 02/22/2011)

7. G.
   Specific Use Exceptions. Primary dwellings shall have the following supplementary parking requirements regardless of the zone in which they are located: At least two (2) parking spaces shall be required for each primary dwelling located in the R5, R6, R6.5, R7.5, R8, R12, and R20 zones. All required parking spaces shall measure at least nine (9) feet wide by eighteen (18) feet deep. Required parking spaces shall be paved with asphalt, concrete or equivalent paving materials.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0040, Rep&ReEn 08/12/1997; Ord No. O-01-0021, Amended 6/12/2001; Ord. No. O-02-0016 Deleted 05/07/2002; Ord. No. O-03-0036, Reenacted 11/11/2003)

Effective on: 4/10/1990

Any permit issued pursuant to this Section shall be nontransferable and shall terminate if the structure is devoted to a use other than a residential facility for disabled persons or the structure fails to comply with all building, safety, health, and zoning requirements of the Orem City Code applicable to similar structures. Violation of the requirements listed above shall be grounds for terminating the permit and the owner/operator shall thereafter be required to discontinue the use of the premises as a residential facility for disabled persons.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-96-0002, Amended 01/02/1996; Ord. No. O-99-0006, Amended 01/26/1999; Ord No. O-99-0007, Amended 01/26/1999; Ord No. O-01-0021; Ord. No. O-06-0017, Amended 9/12/2006; Ord. No. O-2011-0018, Amended 10/11/2011)

2. B.
   Assisted Living Facility for Elderly Persons. Upon application to the Department of Development Services, the Director of Development Services shall grant a permit for the establishment of an assisted living facility for elderly persons (SLU Code 1281) in a residential zone if the applicant meets the following requirements:

   1. 1.
      The facility conforms to all applicable standards and requirements of the Utah State Department of Human Services and the owner/operator has obtained all licenses required by the State to operate such a facility.
   2. 2.
      The facility conforms to all State and local building, safety, health, and zoning requirements applicable to similar structures.
   3. 3.
      The facility is operated for the primary purpose of providing a living arrangement for elderly persons in a group home setting.
   4. 4.
      The facility is occupied only by individuals 60 years of age or older and paid, professional staff members. Occupancy by any staff member shall only be allowed if such occupancy is primarily for the purpose of serving the elderly persons and not primarily a benefit of employment to the staff member. The facility shall not house more than eight elderly persons.
   5. 5.
      Residency in the facility shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. An assisted living facility for elderly persons shall not include any persons referred by the Utah State Department of Corrections or any court.
   6. 6.
      The facility will not likely create a fundamental change in the character of the residential neighborhood in which it is proposed to be located.
   7. 7.
      No individual who has impairment due to addiction of any controlled substance or alcohol and currently uses such controlled substance or alcohol will be a resident.
   8. 8.
      The facility shall not be made available to or occupied by any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   9. 9.
      At least three off-street parking stalls are provided to serve the needs of residents, visitors, and staff members.
   10. 10.
       An assisted living facility for elderly persons located in an existing residential dwelling shall be capable of use as an assisted living facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character. Any new structure constructed for use as an assisted living facility for elderly persons shall be of a size, scale, and design that is in harmony with other residential uses in the vicinity.
   11. 11.
       No person convicted of the illegal manufacture or distribution of a controlled substance shall be an occupant in a residential facility for disabled persons.
   12. 12.
       The applicant for a permit provides sufficient documentation and other evidence reasonably required by the City to establish compliance with all of the above criteria.

   Any permit issued pursuant to this Section shall be nontransferable and shall terminate if the structure is devoted to a use other than an assisted living facility for elderly persons or the structure fails to comply with all building, safety, health, and zoning requirements of the Orem City Code applicable to similar structures. Violation of the requirements listed above shall be grounds for terminating the permit and the owner/operator shall thereafter be required to discontinue the use of the premises as an assisted living facility for elderly persons.

(Ord. No. 661, Revised, 04/10/1990; Ord No. O-96-0002, Amended 01/02/1996; Ord No. O-98-0015, Rep&ReEn 02/24/1998; Ord No. O-99-0004, Amended 01/26/1999; Ord. No. O-99-0006, Amended 01/26/1999; Ord No. O-99-0007, Amended 01/26/1999; Ord. No. O-99-0036, Amended 08/24/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0017, Amended 9/12/2006)

3. C.
   Residential Facilities for Elderly Persons: Upon application to the Department of Development Services, the Director of Development Services shall grant a permit for the establishment of a Residential Facility for Elderly Persons (SLU Code 1285) in a residential zone or a C2, C3 or Highway Services zone if the applicant meets the following requirements:

   1. 1.
      The facility conforms to all applicable standards and requirements of the Utah State Department of Human Services.
   2. 2.
      The facility conforms to all building, safety, health, and zoning requirements of the Orem City Code applicable to structures in the zone in which it is located.
   3. 3.
      The facility is occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement.
   4. 4.
      The facility is owned by one of the residents or by an immediate family member of one of the residents.
   5. 5.
      The residential facility for elderly persons shall not be operated as a business.
   6. 6.
      Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
   7. 7.
      No person being treated for alcoholism or drug abuse shall be placed in a residential facility for elderly persons.
   8. 8.
      The facility is not located closer than 1320 feet (1/4 mile) to any other residential facility for elderly persons or residential facility for disabled persons, as measured in a straight line between the closest property lines of the lots on which they are located.
   9. 9.
      At least three off-street parking stalls are provided to serve the needs of residents, visitors, and staff members. Additional parking may be required based on the number of residents occupying the facility, the number of residents who are reasonably expected to maintain a vehicle at the facility, the reasonably anticipated number of visitors and the number of staff members who will be serving the residents.
   10. 10.
       Any facility located in an existing residential dwelling shall be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character. Any structure constructed for use as a residential facility for elderly persons shall be of a size, scale and design such that it is in harmony with other residential uses in the vicinity.
   11. 11.
       The applicant for a permit provides sufficient documentation and other evidence reasonably required by the City to establish compliance with all of the above criteria.

Any permit issued pursuant to this Section shall be nontransferable and shall terminate if the structure is devoted to a use other than a residential facility for elderly persons or the structure fails to comply with all building, safety, health and zoning requirements of the Orem City Code applicable to similar structures. Violation of the requirements listed above shall be grounds for terminating the permit and the owner/operator shall thereafter be required to discontinue the use of the premises as a residential facility for elderly persons.

(Ord. No. 661, Revised 04/10/1990; Ord. No. O-96-0002, Amended 01/02/1996; Ord. No. O-97-0040, Amended 08/12/1997; Ord. No. O 99-0004, Amended 01/26/1999; Ord. No. O-99-0006, Amended 01/26/1999; Ord. No. O-99-0007, Amended 01/26/1999; Ord. No. O 01-0021, Amended 06/12/2001; Ord. No. O-06-0017, Amended 9/12/2006; Ord. No. O-2011-0018, Amended 10/11/2011)

4. D.
   Sober Living Homes.

   Upon application to the Finance Department and compliance with all of the regulations contained herein, the Finance Director or his designee shall grant a permit for the establishment of a sober living home (SLU Code 1263) in a residential or Highway Services zone. The issuance of a business license to operate a sober living home shall constitute the required permit under this section. A sober living home shall comply with all of the following requirements:

   1. 1.
      The home shall conform to all applicable standards and requirements of the Utah State Department of Human Services and the owner/operator shall obtain all licenses required by the State to operate such a home.
   2. 2.
      The home shall conform to all State and local building, safety, health and zoning requirements applicable to similar structures.
   3. 3.
      The home shall be occupied by no more than eight (8) individuals who meet the criteria set forth below and paid, professional staff members. Occupancy by any staff member shall only be allowed if such occupancy is primarily for the purpose of serving the residents and not primarily a benefit of employment to the staff member.
   4. 4.
      The home shall be occupied only by individuals who meet the following criteria (and staff members):

      a Individuals who have been diagnosed with an addiction to alcohol or a controlled substance (as defined in Utah Code Section 58-37-2, as amended);

      2. b.
         Individuals who are unable to abstain from the use of alcohol or a controlled substance without the structured supportive setting offered by a sober living home; and
      3. c.
         Individuals who have completely and voluntarily abstained from the use of alcohol and all controlled substances for a continuous period of at least thirty (30) days immediately prior to becoming a resident of the home. A person who has abstained from the use of alcohol and controlled substances due to incarceration shall not be considered to have voluntarily abstained.
   5. 5.
      The permit holder shall not allow any person to become a resident of a sober living home until the permit holder has verified compliance with the requirements of subsection (4) above. For purposes of verifying compliance with subsections (4)(a) and (4)(b), the permit holder shall obtain written certification from an independent medical doctor, Licensed Clinical Social Worker (LCSW),Licensed Professional Counselor (LPC), licensed psychologist or licensed psychiatrist that the proposed resident meets the criteria of those subsections. For purposes of verifying compliance with subsection (4)(c), the permit holder must obtain either (1) written certification from a licensed rehabilitation, treatment or similar facility that the proposed resident has abstained from alcohol and all controlled substances for at least the thirty days immediately preceding the proposed resident’s occupancy of the sober living home, or (2) written certification from an independent medical doctor, Licensed Clinical Social Worker (LCSW), Licensed Professional Counselor (LPC), licensed psychologist or licensed psychiatrist that the proposed resident has taken a random urinalysis test (UA) at least once every week over the thirty days immediately preceding the proposed resident’s occupancy of the sober living home and that the results of each such test administered during said thirty day period were negative for the presence of alcohol and all controlled substances.
   6. 6.
      All residents in the home must completely abstain from using alcohol and controlled substances during the period that they are residents in the home. Any resident of a sober living home who uses alcohol or a controlled substance, whether on or off the premises, shall be immediately expelled from the home and shall not be readmitted for a period of at least 60 days following the violation. However, nothing contained herein shall be construed to prohibit a resident from taking a prescription drug for which a resident has a valid and current prescription.
   7. 7.
      No alcohol, controlled substances or drug paraphernalia shall be allowed on the premises of the home.
   8. 8.
      The permit holder (or designee) shall make at least four unannounced visits to the sober living home every week to verify compliance with the requirements of Section 22-6-9(D)(6) and (7). In addition, upon receipt of notice of a possible violation, the permit holder (or designee) shall also immediately visit the home and investigate whether a violation has occurred and take appropriate enforcement action. The permit holder shall maintain a record of the date and times of all such visits and their results and shall make such records available for inspection by the City upon request.
   9. 9.
      In order to verify ongoing abstinence from drugs and alcohol, each resident shall submit to at least two random urinalysis tests per week that test residents for the consumption of alcohol and controlled substances. Each test shall be separated by at least two days from the previous test. Any resident who tests positive for alcohol or drugs or who refuses to submit to a test shall be immediately expelled from the home. The permit holder shall maintain records of the ongoing urinalysis test results and shall make such records available to the City for inspection upon request.
   10. 10.
       Residency in the home shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility, nor a condition of probation/parole. A sober living home shall not include any persons referred by the Utah State Department of Corrections (or any other corrections department) or any adult or juvenile court.
   11. 11.
       The home shall not be made available to or occupied by any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. An individualized written assessment of each person who desires to become a resident of the facility shall be performed to determine if such person would constitute a direct threat prior to allowing occupancy of the facility by such person. The assessment shall be performed and certified by an independent medical doctor, Licensed Clinical Social Worker (LCSW), Licensed Professional Counselor (LPC), licensed psychologist or licensed psychiatrist through a facility that is licensed and approved by the Utah Department of Human Services Division of Licensing (or other equivalent licensing board of another state) as a provider for substance abuse treatment. The person performing the assessment shall perform a criminal background check for each potential resident and shall consider any prior criminal or violent acts of each individual, the amount of time that has elapsed since the commission of any such acts, and the treatment or medication received by the individual that may have eliminated the direct threat. In the case of any resident or potential resident who has committed an offense requiring registration with any sex offender registry, the individualized assessment shall include a psycho-sexual evaluation of such person performed by an independent, duly licensed psychiatrist or an individual holding a PhD in psychology. In addition, no individual who has committed an offense requiring registration with any sex offender registry may be a resident in a sober living home unless the permit holder has received written certification from a Utah Department of Corrections approved provider that the proposed resident has been determined to be no current risk to the community and not in need of sex offender treatment. The permit holder shall certify at least quarterly in a sworn affidavit to the City that based on the individualized assessment performed for each resident, no person will or does reside in the facility whose tenancy would likely constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   12. 12.
       At least four off-street parking stalls shall be provided to serve the needs of residents, visitors and staff members.
   13. 13.
       A sober living home located in an existing residential dwelling shall be capable of use as a sober living home without structural or landscaping alterations that would change the structure’s residential character. Any new structure constructed for use as a sober living home shall be of a size, scale and design that is in harmony with other residential uses in the vicinity.
   14. 14.
       No person convicted of the illegal manufacture or distribution of a controlled substance shall be an occupant in a sober living home.
   15. 15.
       The applicant for a permit and the holder of a permit shall maintain and provide sufficient documentation and other evidence reasonably required by the City to establish compliance with the requirements of this Section 22-6-9(D). The City shall have the right to inspect such documentation at any time to verify compliance and the permit holder shall make such records available to the City upon the City’s request. However, nothing herein shall be construed to allow the City to violate any resident’s legally recognized right of privacy.
   16. 16.
       No professional counseling, therapy or other treatment shall be provided in the sober living home for any person other than a resident of the sober living home.
   17. 17.
       Failure of the permit holder to comply with or to enforce any of the requirements of this Section 22-6-9(D) shall result in the following penalties: A first violation occurring in any eighteen month period shall result in a fine of five hundred dollars to the permit holder. A second violation occurring within any eighteen month period shall result in a fine of two thousand dollars to the permit holder. A third violation occurring within any eighteen month period shall result in the revocation of the permit to operate a sober living home and no permit shall be reissued to the permit holder, the principals of the permit holder if the permit holder is an entity, or any alter ego of the permit holder for a period of at least two years following such revocation. The City shall have the right to deny a permit to any individual or entity (or their principals or alter ego) that has had more than one revocation of a permit to operate a sober living home.
   18. 18.
       An applicant for a license to operate a sober living home shall at a minimum provide the following information and shall notify the City whenever any of the information provided below changes:

       1. a.
          The name, address, and telephone number of the applicant;
       2. b.
          The address of the location of the proposed sober living home;
       3. c.
          The name, address, and telephone number of each person who has an interest in the ownership or operation of the sober living home whether personally or through a partnership, corporation, trust or other entity.
       4. d.
          The name, address, and telephone number of each person who will participate in the operation of the home, none of whom may have a history of operating a similar facility in violation of state or local law.
       5. e.
          The name and address of all other group homes or similar facilities currently or previously owned or operated by the applicant and all persons described in subsection (19)(d) above, in Orem or any other location.
       6. f.
          Whether the applicant or any person described in subsection (19)(d) above has ever had a license to operate a group home suspended or revoked and the reasons therefore.
   19. 19.
       The City may deny the issuance of a permit to operate a sober living home to a person (including any entity) if the City reasonably finds that issuance of a permit to such person would likely create a direct threat to the health or safety of other individuals or would likely result in substantial physical damage to the property of others. The City may also deny the issuance of a permit if the applicant or any person described in subsection (19)(d) above has a history of operating a similar facility in violation of state or local law.
   20. 20.
       A permit holder who incurs a penalty for a violation of this ordinance or a person who is denied a permit to operate a sober living home shall have the right to appeal such action to the City Manager or his designee at an informal hearing to be held no later than twenty (20) business days following the City’s receipt of the permit holder’s notice of appeal. The notice of appeal shall be in writing and shall be delivered to the City Recorder either in person or by certified U.S. mail within ten (10) business days of the person’s receipt of notice of the imposition of the penalty or denial of the permit. The notice of appeal shall identify the appellant, set forth the nature of the action that is being appealed, and state the grounds for appeal. Within ten (10) business days of the hearing, the City Manager or his designee shall issue a decision either affirming or reversing the imposition of the penalty or denial of the permit. Any person who is aggrieved by the City Manager’s decision may file for relief in any court of competent jurisdiction within thirty (30) days of the City Manager’s decision.
   21. 21.
       The City shall prepare an administrative plan for the enforcement of the provisions of this Section 22-6-9(D).

   Any permit issued pursuant to this Section shall be nontransferable and shall terminate if the structure is devoted to a use other than a sober living home or the structure fails to comply with all building, safety, health and zoning requirements of the Orem City Code applicable to similar structures. Violation of the requirements listed above shall be grounds for terminating the permit and the owner/operator shall thereafter be required to discontinue the use of the premises as a sober living home.

(Ord No. 661, Revised 04/10/1990; Ord No. O-92-0011, Enacted 06/30/1992; Ord. No. O-99-0006, Amended 01/26/1999; Ord. No. O-99-0007, Amended 01/26/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-07-0032, Amended 06/26/2007; Ord. No. O-08-0010, Enacted April 8, 2008; Ord. No. O-08-0018, Amended 07/22/2008; O-2011-0018, Amended 10/11/2011; Ord. No. O-2016-0033, Amended 11/15/2016; Ord. No. O-2019-0028, Amended 9/17/19)

5. E.
   Youth Transitional Home. Upon application to the Department of Development Services, the Director of Development Services or his designee shall grant a permit for the establishment of a youth transitional home (SLU Code 1262) in a residential or Highway Services zone if the applicant meets the following requirements:

   1. 1.
      The facility is licensed by the State of Utah as either a “Residential Treatment Center” or a “Therapeutic School” and conforms to all applicable standards and requirements of the Utah State Department of Human Services and the owner/operator has obtained all licenses required by the State to operate such a facility
   2. 2.
      The facility conforms to all State and local building, safety, health, and zoning requirements applicable to similar structures.
   3. 3.
      The facility is operated for the primary purpose of helping individuals under the age of 18 who have emotional, psychological, developmental, or behavioral dysfunctions or impairments to acquire and strengthen the social and behavioral skills necessary to live independently in the community.
   4. 4.
      The facility is occupied only by individuals under the age of 18 and paid, professional staff members. Notwithstanding the foregoing, one of the residents may be 18 years of age provided that the State of Utah has provided a waiver of age as to such person. In no case, shall any resident be older than 18 years of age.
   5. 5.
      The facility shall not house more than eight individuals.
   6. 6.
      Residency in the facility shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. A youth transitional home shall not include any persons referred by the Utah State Department of Corrections, any adult or juvenile court or the juvenile justice system.
   7. 7.
      No individual who has an impairment due to addiction of any controlled substance or alcohol and currently uses such controlled substance or alcohol will be a resident.
   8. 8.
      The facility shall not be made available to or occupied by any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   9. 9.
      At least three off-street parking stalls are provided to serve the needs of residents, visitors, and staff members.
   10. 10.
       A youth transitional home located in an existing residential dwelling shall be capable of use as a youth transitional home without structural or landscaping alterations that would change the structure’s residential character. Any new structure constructed for use as a youth transitional home shall be of a size, scale, and design that is in harmony with other residential uses in the vicinity.
   11. 11.
       No persons convicted of a sex-related offense, an offense involving violence, or the illegal manufacture or distribution of a controlled substance shall be an occupant in a youth transitional home.
   12. 12.
       A youth transitional home shall not provide outpatient treatment.
   13. 13.
       The facility is not located closer than 1320 feet (1/4 mile) to any other youth transitional home as measured in a straight line between the closest property lines of the lots on which they are located.
   14. 14.
       The applicant for a permit provides sufficient documentation and other evidence reasonably required by the City to establish compliance with all of the above criteria.

   Any permit issued pursuant to this Section shall be nontransferable and shall terminate if the structure is devoted to a use other than a youth transitional home or the structure fails to comply with all building, safety, health and zoning requirements of the Orem City Code applicable to similar structures. Violation of the requirements listed above shall be grounds for terminating the permit and the owner/operator shall thereafter be required to discontinue the use of the premises as a youth transitional home.

(Ord. No. O-06-0017, Enacted 9/12/2006; Ord. No. O-2011-0018, Amended 10/11/2011)

6. F.
   Home Day Care Services-Child & Adult (SLU Code 6263). Home Day Care Services include a (1) Home Adult Day Care Facility, (2) Home Child Day Care, Small, (3) Home Child Day Care, Medium, and (4) Home Child Day Care, Large, as defined in Section 22-2-1. Home Day Care Services are permitted in residential zones subject to the following requirements:

   1. 1.
      Home Adult Day Care facilities and Large and Medium Home Child Day Care facilities must comply with the site plan requirements set forth in Section 22-14-20.
   2. 2.
      All Home Day Care Services shall be properly licensed by the State of Utah Department of Human Services, where required. All Home Day Care Services except for Home Child Day Care, Small must also obtain a business license from the City of Orem in accordance with the provisions of CHAPTER 12 prior to operating the business.
   3. 3.
      Home Adult Day Care is limited to the care of no more than six (6) functionally impaired adults, including the provider's own dependent adults. The care must be provided in the residence of the care provider.
   4. 4.
      All Home Day Care Services must be clearly incidental to and secondary to the residential use of the dwelling unit.
   5. 5.
      All residents, visitors and employees who arrive at the home in connection with the Home Day Care Service shall be legally parked on the lot occupied by the residence or on that part of the street which immediately abuts the lot.
   6. 6.
      No Home Day Care Service may be operated in a dwelling that has an accessory apartment.
   7. 7.
      There shall be no signage of any kind visible from the street or from any neighboring residence.
   8. 8.
      All play areas used by a Home Child Day Care facility shall be fully enclosed with a six foot (6’) fence with self-closing and self-latching gates and all Home Child Day Care facilities shall have an outdoor soft-surface play area. Play areas and play structures shall not be located in front yards nor in side yards adjacent to dedicated streets.
   9. 9.
      Out of door activities are not permitted between the hours of 9:00 p.m. and 8:00 a.m.
   10. 10.
       A Home Day Care Service provider may have only one (1) nonresident employee. At least one off street parking space shall be provided for such employee. The residential driveway (including garage) may be used for this purpose provided that each of the provider's own vehicles and those of family members can be parked in the driveway and not on the street.
   11. 11.
       All Home Day Care Services may operate on a twenty-four hour basis provided that the business does not generate more than two car trips per hour between the hours of 9:00 p.m. and 6:00 a.m.
   12. 12.
       A Home Day Care Services provider may care for no more than two (2) unrelated children or one (1) family on a twenty-four (24) hour basis.
   13. 13.
       A Home Day Care, Large shall comply with all City building and fire codes. The City may require building and fire inspections for all Home Day Care Services. A Home Child Day Care, Small provider that is required by the State to have a building/fire inspection may contract with a private building and fire inspector approved by the State of Utah Department of Human Services.

(Ord. No. 661, Amended 04/10/1990; Ord. No. O-96-0002, Amended 01/02/1996; Ord. No. O-99-0006, Amended 01/26/1999; Ord. No. O-99-0007, Amended 01/26/1999; Ord No. O-01-0021, Amended 06/12/2001; Ord. No. O-02-0008, Amended 01/22/2002; Ord, No. O-03-0029, Amended 09/09/2003; Ord. No. O-06-0017, Amended 9/12/2006 renumbered; Ord. No. O-2022-0017, Amended 10/11/2022)

7. G.
   Commercial Day Care Services (SLU Codes 6261 and 6262). Commercial Day Care Services are defined to include (1) Commercial Child DayCare /Preschool Facilities, and (2) Commercial Adult Day Care Facilities. Commercial Day Care Services are permitted in residential zones if they meet the following requirements:

1.   
   1. 1.
      In residential zones, Commercial Day Care Services shall only be allowed on properties adjacent to either a collector or an arterial street.
   2. 2.
      A Commercial Day Care facility shall not be established within two thousand six hundred and forty feet (2640') of another Private School or Commercial Day Care facility that is located in a residential zone.
   3. 3.
      Commercial Day Care Services shall comply with the site plan requirements set forth in Section 22-14-20.
   4. 4.
      The entire area of the front yard setback shall be landscaped except for permitted driveways.
   5. 5.
      No more than two car trips per hour shall be generated before 5:30 a.m. or after 9:00 p.m.
   6. 6.
      The site plan shall be configured so that no vehicle will back out on to a dedicated street. Parking and turn-around areas shall be located in the side or rear yard unless the site includes a circular driveway.
   7. 7.
      The rear yard shall be enclosed with a six-foot (6'), sight-obscuring fence. All gates shall be self-closing and self-locking.
   8. 8.
      The exterior building design shall resemble a single-family residential dwelling in harmony with any neighboring residential dwelling units.
   9. 9.
      A maximum of one wall sign no greater than six square feet (6ft²) in area shall be allowed. The sign shall be designed to minimize the visual impact on surrounding properties.
   10. 10.
       There shall be no exterior evidence of a business other than a permitted sign. No activities connected with the operation of the Commercial Day Care facility shall be conducted in the front yard or in a side yard adjacent to a street with the exception of parking in a permitted drive-way and use of the front entrance to enter and exit the building.
   11. 11.
       Commercial Day Care Facilities shall obtain a license from the State of Utah Department of Human Services, where required. Private Schools and Commercial Day Care Facilities must also obtain a business license from the City of Orem in accordance with the provisions of CHAPTER 12 prior to operating the business.
   12. 12.
       Applicants for site plan approval of Commercial Day Care Services shall submit an engineered traffic flow and parking plan showing sufficient ingress and egress, drop-off areas, traffic flow, and parking spaces so that parking  will be contained on the site and the Commercial Day Care Service will not adversely affect surrounding properties. The Planning Commission shall review the plan and based on the City Engineer’s recommendations may modify the site plan and impose additional requirements in order to meet all projected needs of the site for traffic flow and parking.
   13. 13.

       Parking shall be required based on the maximum occupancy of the facility. Parking shall be provided at a ratio of 0.24 parking stalls per child, plus one parking stall per full time caregiver/teacher and 0.5 stalls per part time caregiver/teacher. All required parking shall be located on site. Parking shall not be located in a required front yard setback or in a side yard setback adjacent to a street. No on-street parking may be counted towards the required parking.

   14. 14.

       All Commercial Day Care Facilities shall have a play area fully enclosed with a six foot (6’) fence with self-closing and self-latching gates and all Commercial Day Care facilities shall have an outdoor soft-surface play area.

(Ord. No. O-98-0015, Enacted 02/24/1998; Ord. No. O-99-0006, Amended 01/26/1999; Ord. No. O-99-0007, Amended 01/26/1999; Ord No. O-00-0014, Amended 03/21/2000; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-01-0048, Amended 12/04/2001; Ord No. O-02-0041, Amended 06/11/2002; Ord. No. O-03-0029, moved and new F Enacted 09/09/2003; Ord. No. O-06-0017, Amended 9/12/2006 renumbered; Ord. No. O-09-0002, Amended 01/13/2009; Ord. No. O-2020-0006, Amended 4/14/2020; Ord. No. O-2020-0032, Amended 12/8/2020; Ord. No. O-2022-0017, Amended 10/11/2022)

8. H.
   Private Schools (SLU Code 6813) Private Schools (SLU Code 6813). Private Schools are defined as private (1) primary schools, and (2) secondary schools. Private schools are allowed in residential zones only (1) on property adjacent to a public primary or secondary school, or (2) on property located across the street from a public primary or secondary school where the street is an arterial or collector street. Private schools located in residential zones must also meet all of the following requirements:

   1. 1.
      Private Schools shall comply with the site plan requirements set forth in Section 22-14-20. In addition to the requirements of Section 22-14-20, the site plan must meet the following additional requirements:

      1. a.
         The site plan shall be configured so that no vehicle will back out onto a dedicated street.
      2. b.
         Parking and turn-around areas shall be located in the side or rear yard unless the site includes a circular driveway.
      3. c.
         The site shall be designed with an on-site drop-off location with room for stacking of vehicles sufficient to accommodate the anticipated number of students.
      4. d.
         The site plan shall include a traffic circulation and parking plan that provides adequate: (1) ingress and egress, (2) traffic flow, and (3) parking spaces so that parking for school functions will be contained on the site and the school will not adversely affect surrounding properties.

      An applicant for a site plan for a private school shall obtain a traffic study prepared by a licensed engineer for the proposed site. The traffic study must demonstrate that the proposed site plan meets all of the requirements of this Section. The Planning Commission shall review the site plan and may impose additional requirements in order to meet all projected needs of the site for traffic flow and parking.

   2. 2.
      The entire area of the front yard setback shall be landscaped except for permitted driveways.
   3. 3.
      No more than two car trips per hour shall be generated by the private school before 5:30 a.m. or after 10:00 p.m.
   4. 4.
      A pickup and drop-off location must be located on site for students and be part of a continuous motion of traffic flow to prevent vehicles from backing out onto a public right-of-way.
   5. 5.
      A six foot (6’) fence shall be installed and maintained on all parts of the perimeter of the private school property that is adjacent to property that is zoned or used for residential purposes.
   6. 6.
      In a residential zone, a monument sign no greater that thirty-six (36) square feet and six (6) feet high shall be allowed. The sign shall be designed to minimize the visual impact on surrounding properties.
   7. 7.
      A private school located across the street from a public primary or secondary school must be on a lot with a minimum of one (1) acre and a maximum of two (2) acres. The lot must have been in existence on December 1, 2008, and not have been combined with any other lot or parcel subsequent to that date.
   8. 8.
      A private school shall not front on a cul-de-sac.
   9. 9.
      Lighting on a building or lighting for parking or play areas shall be shielded downward to minimize the impact and glare to neighboring residential uses. No recreational areas that are part of the private school site plan shall be lighted after 10:00 p.m. or before 7:00 a.m.
   10. 10.
       Private schools shall obtain a license from the State of Utah Department of Human Services, where required. Private schools must also obtain a business license from the City of Orem in accordance with the provisions of CHAPTER 12 prior to operating the business.
   11. 11.
       Parking shall be provided at the ratio of two (2) stalls for every teaching station and one (1) stall for every six (6) students age sixteen (16) or older.
   12. 12.
       Due to existing traffic impacts, a private school may not be located within one quarter (1/4) mile of Utah Valley University campus property.

(Ord. No. O-98-0015, Enacted 02/24/1998; Ord. No. O-99-0006, Amended 01/26/1999; Ord. No. O-99-0007, Amended 01/26/1999; Ord No. O-00-0014, Amended 03/21/2000; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-01-0048, Amended 12/04/2001; Ord No. O-02-0041, Amended 06/11/2002; Ord. No. O-03-0029, moved and new F Enacted 09/09/2003; Ord. No. O-06-0017, Amended 9/12/2006 renumbered; Ord. No. O-09-0002, Amended 01/13/2009; Ord. No. O-2020-0032, Amended 12/8/2020)

9. I.
   Accessory Apartments. Accessory apartments shall be allowed only in owner-occupied detached single-family dwellings and in such other dwellings as may be specifically designated by ordinance, but shall not be allowed in any R5 zone or PRD zone.

   1. 1.
      A dwelling shall be considered owner-occupied only if the owner uses the dwelling as his/her primary dwelling and mailing address. For purposes of this section, the term “owner” shall mean:

      1. a.
         The person (defined for purposes of this section as a human being and not including any other legal entity except as elsewhere expressly allowed) listed as the owner of record in the records of the Utah County Recorder.
      2. b.
         In the event that more than one person is listed as an owner, the owner shall be the person(s) who owns at least a 50% equity interest in the property. Each person listed on the title shall be presumed to hold an equal equity interest in the property unless otherwise clearly specified. In the event that no single person has a 50% equity interest in the property, a single-family dwelling shall not be considered owner-occupied unless the total equity interest in the property owned by the occupants is at least 50%.
      3. c.
         In the event that title to a dwelling is held in the name of a trust, the occupant(s) of such dwelling may be considered the owner for purposes of this section only if such person(s) created the trust primarily for estate planning purposes, placed the dwelling in such trust, and retains at least a 50% primary beneficial interest in the dwelling.
      4. d.

         In the event that title to a dwelling is held in the name of a corporation or limited liability company, the dwelling shall not be considered to be owner-occupied unless the occupants have bona fide ownership of at least 50% of the corporation or limited liability company that owns the dwelling.

      5. e.
         Notwithstanding any other provision to the contrary, no person claiming ownership by virtue of his/or her status as one of the following classes of individuals shall be deemed an owner for purposes of this section:

         1. (1)
            A person with only an option to purchase a single-family dwelling.
         2. (2)
            The children or other relatives of an owner.
         3. (3)
            Any person other than a spouse or child of the owner who is listed on the title to a single- family dwelling without having paid fair market value for their interest in the property.
         4. (4)
            Any beneficiary of a trust whose interest is secondary or subordinate to the interest of a primary beneficiary.
         5. (5)
            A person with a contract to purchase a single-family dwelling.
         6. (6)
            A person who meets the technical definition of owner by virtue of any transaction or agreement that is not bona fide or serves no legitimate purpose other than to meet the technical definition of owner under subsections (a), (b) or (c) above.
      6. f.
         Nothing contained herein shall be construed to allow more than one family to occupy either a single-family dwelling or an accessory apartment.
      7. g.
         For purposes of establishing that a single family dwelling is owner occupied, the purported owner shall have the burden of proving his/her status as the owner pursuant to the criteria outlined in this section and of providing documentation to the City to prove that the person qualifies as an owner under this section.
      8. h.
         Owner occupancy for a dwelling with an accessory apartment shall not be required when:

         1. (1)
            The owner cannot live in the dwelling because of a bona fide temporary absence of three years or less for a temporary job assignment, sabbatical, or voluntary service;
         2. (2)
            The owner was living in the dwelling immediately prior to leaving for the temporary job assignment, sabbatical, or voluntary service; and
         3. (3)
            The owner intends to make the dwelling his/her primary place of residence upon returning from the temporary job assignment, sabbatical or voluntary service.

   Indefinite periods of absence from the home shall not qualify for this exception.

   2. 2.
      Number of Accessory Apartments. A maximum of one (1) accessory apartment shall be allowed in each owner occupied detached single-family dwelling.
   3. 3.
      Parking. A single family dwelling with an accessory apartment shall provide at least one (1) additional on-site parking stall for the accessory apartment, which shall be at least eight feet (8’) by sixteen feet (16’) in size. Parking stalls within a garage or carport shall not count toward the additional required parking stall unless the garage or carport contains more than two parking spaces (without double stacking) in which case the third parking space may be counted toward the additional parking stall requirement. A driveway leading to a garage or carport shall also not count toward the additional parking requirement. However, an area of a driveway that is widened or extended beyond what would customarily be installed to access the garage/carport may be counted toward the parking requirement if it meets the parking dimension requirements and if parking in the designated area would not block or impede access to the garage or carport. However, the required additional stall may not be located in the front yard setback. Parking areas and driveways shall be paved with concrete, masonry, or concrete pavers. 
   4. 4.
      Utility Meters. A single family dwelling with an accessory apartment shall have no more than two (2) meters for each water, gas, and electricity utility service and each meter shall be in the property owner's name.
   5. 5.
      Building Code. All construction and remodeling shall comply with building codes in effect at the time of construction or remodeling.
   6. 6.
      Building Entrances. A new single-family structure approved with an accessory apartment shall not have a separate entrance at the front of the building or side of the building facing a street where the sole purpose of the entrance is to provide access to the accessory apartment. An accessory apartment approved in an existing structure shall use existing entrances on any side of the structure that faces a street. The purpose of this requirement is to preserve the single-family residential look of the building.
   7. 7.

      Location Within Footprint of Single-Family Dwelling. An accessory apartment must be located within the footprint of a single-family dwelling. A building area that is connected to a single family dwelling only by means of a breezeway or similar structure shall not be considered to be within the footprint of the single-family dwelling for purposes of this Section 22-6-9(I).

   8. 8.
      Accessory Apartment Permit. Any person constructing or causing the construction of a residence that has an accessory apartment or any person remodeling or causing the remodeling of a residence for an accessory apartment, or any person desiring an accessory apartment shall obtain an accessory apartment permit from the Development Services Department. Before the permit is issued the applicant shall:

      1. a.
         Submit a site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings or additions to property lines, the location of parking stalls, and utility meters.
      2. b.
         Include detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.
      3. c.
         Pay fees in accordance with the City of Orem Resolution establishing fees and charges.
   9. 9.
      Rental Dwelling License. Accessory apartments are subject to the rental dwelling license requirements set forth in Article 12-9 of the Orem City Code.

(Ord. No. O-99-0006, Enacted 01/26/1999; Ord. No. O-99-0007, Amended 01/26/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0029, Amended 09/09/2003; Ord. No. O-04-0011, Amended 01/27/2004; Ord. No. O-04-0015, Amended 02/10/2004; Ord. No. O-06-0017, Amended 9/12/2006 renumbered; Ord. No. O-07-0024, Amended 04/10/2007; Ord. No. O-09-0002, Renumbered 01/13/2009; Ord. No. O-2012-0020, Amended & Renumbered 07/10/2012; Ord. No. 2012-0034, Amended 12/18/2012; Ord. No. O-2013-0010, Amended 05/28/13; Ord. No. O-2020-0033, Amended 12/8/20; Ord. No. O-2021-0018, Amended 7/13/2021)

10. J.
    Swimming Pools.

    1. 1.
       All in-ground swimming pools and above-ground swimming pools with a wall height of thirty-six (36) inches or greater not completely enclosed within a building having fire-resistive walls of at least one hour shall be completely surrounded by a fence or wall having a height of at least five feet (5’), and shall be set back at least five feet (5’) from all property lines and four feet (4') from all fences and walls.
    2. 2.
       There shall be no opening in the fence or wall, required by subparagraph (G)(1) above, which shall allow a passage of a four-inch (4”)diameter sphere, including gates. All gates shall be equipped with self-closing and self-latching devices.
    3. 3.
       Commercial swimming pools are not permitted in residential zones.
    4. 4.
       Noncommercial swimming pools are permitted as accessory uses in residential zones. Subsection J., dealing with swimming pools does not include hot tubs or jacuzzis.

(Ord. No. O-99-0007, Enacted H on 01/26/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0029, Amended 09/09/2003; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-06-0017, Amended 9/12/2006 renumbered; Ord. No. O-09-0002, Renumbered 01/13/2009; Ord. No. O-2010-0014, Amended 05/25/2010)

11. K.
    Guest Houses. Guest houses are not permitted in any residential zone.

(Ord. No. O-03-0029, Amended when H shifted to I 09/09/2003; Ord. No. O-06-0017, Amended 9/12/2006 renumbered; Ord. No. O-09-0002, Renumbered 01/13/2009)

12. L.
    Small Pediatric Neuro Physical Therapy. A Small Neuro Pediatric Physical Therapy facility (SLU 6264) is defined as a facility that provides intensive neuro physical therapy to children (ages 17 and under only) suffering from neurological and neuromuscular disorders such as cerebral palsy, traumatic brain injury, spina bifida, and stroke. A Small Pediatric Neuro Physical Therapy facility is permitted in the R7.5 zone subject to the following requirements:

    1. 1.
       A Small Pediatric Neuro Physical Therapy facility shall only provide therapy to children (ages 17 and under) who suffer from neurological and neuromuscular disorders such as cerebral palsy, traumatic brain injury, spina bifida and stroke.
    2. 2.
       A Small Pediatric Neuro Physical Therapy facility may not provide therapy to more than five children at a time and may not provide therapy to more than ten children per day.
    3. 3.
       No more than two car trips per hour shall be generated in connection with the use before 5:30 a.m. or after 9:00 p.m.
    4. 4.
       At least eight parking stalls shall be located on site to meet the needs of patients and staff.
    5. 5.
       A Small Pediatric Neuro Physical Therapy facility located in an existing residential dwelling shall be capable of use as a Small Pediatric Neuro Physical Therapy facility without structural or landscaping alterations that would change the structure’s residential character. Any new structure constructed for use as a Small Pediatric Neuro Physical Therapy facility shall be of a size, scale, and design that is in harmony with other residential uses within 500 feet of the facility.
    6. 6.
       A Small Pediatric Neuro Physical Therapy facility shall comply with all City building and fire codes. The City may require building and fire inspections for a Small Pediatric Neuro Physical Therapy facility.
    7. 7.
       There shall be no exterior evidence of the use on the property (other than parking) including signage of any kind. No activities connected with the operation of the Small Pediatric Neuro Physical Therapy facility shall be conducted in the front yard or in a side yard adjacent to a street with the exception of parking in a permitted drive-way or parking area and use of the front entrance to enter and exit the building.
    8. 8.
       A Small Pediatric Neuro Physical Therapy facility shall comply with the site plan requirements set forth in Section 22-14-20. The site plan shall be configured so that no vehicle will back out on to a dedicated street.
    9. 9.
       A Small Pediatric Neuro Physical Therapy facility shall obtain a license from the State of Utah Department of Human Services or other applicable state agency, where required. A Small Pediatric Neuro Physical Therapy facility must also obtain a business license from the City of Orem in accordance with the provisions of Chapter 12.
    10. 10.
        A child who is receiving therapy at a Small Pediatric Neuro Physical Therapy facility as well as a parent or guardian of such child may reside at the facility while the child is receiving therapy at the facility. A caretaker or manager may also reside at the facility. However, no more than eight individuals (exclusive of staff) may reside at the facility at any one time.

(Ord. No. O-2021-0023, Enacted 9/14/2021)

13. M.

    Residential Preschool (SLU Code 6265). Preschools operating in residential zones are subject to the following requirements:

    1. 1.

       All Home Preschools must obtain a business license from the City of Orem in accordance with the provisions of CHAPTER 12 prior to operating the business.

    2. 2.

       All Home Preschools must be clearly incidental to and secondary to the residential use of the dwelling unit.

    3. 3.

       All residents, visitors and employees who arrive at the home in connection with the Home Preschools shall be legally parked on the lot occupied by the residence or on that part of the street which immediately abuts the lot.

    4. 4.

       No Home Preschool Service may be operated in a dwelling that has an accessory apartment.

    5. 5.

       There shall be no signage of any kind visible from the street or from any neighboring residence.

    6. 6.

       All play areas used by a Home Preschool facility shall be fully enclosed with a six foot (6’) fence with self-closing/self-latching gates, and all Home Preschool facilities shall have an outdoor soft-surface play area. Play areas and play structures shall not be located in front yards nor in side yards adjacent to dedicated streets.

    7. 7.

       Out of door activities are not permitted between the hours of 9:00 pm and 8:00 a.m.

    8. 8.

       A Home Preschool Service provider may have only one (1) nonresident employee. At least one off street parking space shall be provided for such employee. The residential driveway (including garage) may be used for this purpose provided that each of the provider's own vehicles and those of family members can be parked in the driveway and not on the street.

    9. 9.

       All Home Preschool Services may not generate more than two car trips per hour between the hours of 9:00 p.m. and 6:00 a.m.

    10. 10.

        Preschool provider may care for up to twelve (12) children, including the provider's own preschool aged children, at any one time. The care is provided in the residence of the preschool provider.

    11. 11.
         A Home Preschool shall comply with all City building and fire codes. The City may require building and fire inspections for all Home Preschool Services.

(Ord. No. O-2022-0018, Enacted 10/11/2022)

14. N.
    22-6-9(N) Pediatric Palliative Care Facility. A Pediatric Palliative Care facility (SLU 6266) is defined as a residential facility that provides community-based palliative care primarily for children (ages 18 and under) who are living with serious, life-limiting or life-altering medical conditions and who have need of respite or skilled nursing care for a short period of time lasting typically between 7-30 days during times of increased medical needs such as end of life or adaptation to new medical equipment and/or medical treatments. Palliative care also includes respite care. A Pediatric Palliative Care facility may be allowed as a conditional use in the R7.5 zone subject to the following requirements:

    1. 1.
       A Pediatric Palliative Care facility may be allowed as a conditional use only on a property for which a conditional use permit and a site plan have previously been approved for a Residential Health Care Facility or Residential Health Care Facility for the Elderly and which has been operated as one of those uses with at least eight residents. The intent of this provision is to allow a Pediatric Palliative Care Facility to operate only in buildings formerly approved and operated as either a Residential Health Care Facility or Residential Health Care Facility for the Elderly without significant modifications to the footprint or exterior appearance of the existing buildings.
    2. 2.
       The number of residents allowed in a Pediatric Palliative Care Facility shall be equal to the number of residents previously approved in the conditional use permit/site plan for the previous Residential Health Care Facility on the property, or if no limit on the number of residents was previously specified, the maximum number of residents allowed shall be twelve (12).
    3. 3.
       In addition to the maximum number of residents allowed in the facility, immediate family members (parents and siblings) of a resident receiving care in the facility may also reside at the facility on a short-term basis when (1) learning how to properly provide for a resident’s medical needs or (2) during end of life care for a resident. However, no more than four rooms in the facility may be used for family stays at any given time.
    4. 4.
       A Pediatric Palliative Care facility may provide a limited amount of outpatient therapy primarily for children (ages 18 and under only) which shall be limited to not more than five patients at a time.
    5. 5.
       No more than two car trips per hour shall be generated in connection with the use before 5:30 a.m. or after 9:00 p.m.
    6. 6.
       At least twelve parking stalls shall be located on site to meet the needs of patients and staff.
    7. 7.
       A Pediatric Palliative Care facility must be capable of use as a Pediatric Palliative Care facility in the building(s) that were previously used as a Residential Health Care Facility or Residential Health Care Facility for the Elderly without significant structural alterations that would significantly change the footprint or diminish the residential character of the existing building.
    8. 8.
       A Pediatric Palliative Care facility shall comply with all City building and fire codes. The City may require building and fire inspections for a Pediatric Palliative Care facility.
    9. 9.
       A maximum of one wall sign no greater than six square feet (6ft²) in area shall be allowed.
    10. 10.
        A Pediatric Palliative Care facility shall comply with the site plan requirements set forth in Section 22-14-20. The site plan shall be configured so that no vehicle will back out on to a dedicated street.
    11. 11.
        A Pediatric Palliative Care facility shall obtain a license from the State of Utah Department of Human Services or other applicable state agency, where required. A Pediatric Palliative Care facility must also obtain a business license from the City of Orem in accordance with the provisions of Chapter 12.

(Ord. No. O-2023-0007, Enacted 3/28/2023)

Effective on: 4/10/1990

(Ord. No. 661, Revised 04/10/1990; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-2023-0004, Amended 3/15/2023)

2. B.
   Temporary Office. A temporary office or a dwelling temporarily used as an office may be permitted when used in conjunction with the sale of property within a subdivision under construction, provided the temporary office is located on the same tract of land as the subdivision. No temporary office may be used without first obtaining the appropriate permit from the City Manager. A permit therefore shall be valid for not more than one (1) year, and the temporary office or office use shall be removed and discontinued upon the expiration of the permit.

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

3. C.
   Animals. Animals are allowed in residential zones only if the following conditions are met:

   1. 1.
      The area of the lot on which the animals are kept must be at least one (1) acre except for rabbits, pigeons, ducks, and household pets.
   2. 2.
      Permitted animals shall include:

1.   
   3. 3.
      The maximum number of dogs or cats four months of age or older shall not exceed two (2) each per lot.
   4. 4.
      Animals may be kept on lots containing less than one (1) acre in a rural residential area when said animals are regulated by restrictive covenants when specifically approved by the Planning Commission as a part of the subdivision.
   5. 5.
      The number of animals in Subparagraph (2) above shall be reduced geometrically if the resident desires to keep and maintain more than one species of permitted animals. Example: If two species are desired, then the number of each species shall be reduced to one-half (1/2). If three species are desired, then the number of each species shall be reduced to one-third (1/3), etc.
   6. 6.
      No animal shall be kept in a residential zone for the purpose of commercial production.
   7. 7.
      The keeping of hen chickens (no roosters) shall be permitted in a residential zone on a single-family lot less than one (1) acre provided the following are met:

      1. a.
         (See table below)

1.   
   1.   
      2. b.
         Chickens must be kept in a predator resistant coop or chicken tractor at night which shall be set back at least 10 feet from all property lines. The enclosure shall provide sufficient light, air, and space for the chickens. The enclosure shall not be located in a front yard.
      3. c.
         The enclosure shall be cleaned regularly to prevent offensive odors from becoming a nuisance.
      4. d.
         Chickens shall not be permitted to roam free unless in an enclosed rear yard.
      5. e.
         Chickens shall not be considered household pets.
      6. f.
         Slaughtering of chickens is prohibited.

(Ord. No. 661, Revised 04/10/1990; Ord. No. O-99-0057, Amended 12/19/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-2010-0005, Amended 02/23/2010)

4. D.
   Temporary Building. A temporary building or yard for the storage of construction materials and equipment incidental and necessary to the construction of homes or other permitted structures may be permitted, provided such temporary building or yard is located on the same tract of land on which the home or other building is to be constructed. No temporary building may be used without first obtaining the appropriate permit from the City Manager. A permit therefore shall be issued only to the contractor or builder and shall be valid for not more than one (1) year, at which time the building or yard shall be removed from the premises.

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

5. E.
   Temporary Parking of a Trailer House. Temporary parking of a trailer house on a lot on which a dwelling unit is being constructed is permitted, subject to the following conditions:

   1. 1.
      A permit to construct a permanent residence on such lot has been obtained from the City Manager.
   2. 2.
      The period of time that the trailer house is placed on the lot shall not exceed one (1) year.
   3. 3.
      The trailer house shall be removed from the lot before the building is occupied.
   4. 4.
      Water and sewerage facilities shall comply with the requirements of the City-County Health Department.

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

6. F.
   Utility substations. Utility substations or similar facilities are permitted in residential zones subject to the following standards:

   1. 1.
      The primary access must be from an arterial or collector street;
   2. 2.
      An 8-foot high decorative masonry wall shall be constructed and maintained on the property line of all adjoining parcels and along the frontage of all streets (but set back as required by subsection 4);
   3. 3.
      The City Council may approve a modification to the wall requirement to allow the wall to enclose only the immediate utility structure and support facility area if the parcel is at least five (5) acres in size and the Council finds that limiting the wall enclosure to the immediate utility structure and support facility area would provide an adequate buffer to neighboring properties;
   4. 4.
      The wall shall be set back at least 20 feet from all streets and shall not be located in a public utility easement unless approved by each utility company in accordance with Section 22-6-8(D)(1)(d);
   5. 5.
      The entire front yard and side yard adjacent to a street shall be landscaped. A minimum of one tree for every forty lineal feet of street frontage (minimum two inch caliper size) shall be required. The required trees may be clustered;
   6. 6.
      All structures (excluding the required masonry wall shall) be set back from all property lines a distance at least equal to the height of the structure and in no case less than 20 feet;
   7. 7.
      Any driveway accessing a utility enclosure shall be paved from the street right-of-way a distance of at least seventy-five (75) feet; and;
   8. 8.
      The Planning Commission shall be the final approving authority for a utility substation site plan unless a wall location modification is requested in which case the Planning Commission shall provide a recommendation to the City Council and the City Council shall be the final approving authority

(Ord. No. 661, Revised 04/10/1990; Ord. No. O-96-0002, Amended 01/02/1996; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2016-0011, Amended and renumbered 05/24/2016; Ord. No. O-2019-0013, Amended 5/14/19)

7. G.
   Conditional Uses in Certain Historic Buildings. Notwithstanding any other provision to the contrary contained in CHAPTER 22, the professional services specifically enumerated below may be allowed as a conditional use in certain historic buildings in a residential zone. In order to be eligible for a conditional use permit for the enumerated professional services, the following criteria must be met:

   1. 1.
      The property must be designated on the City of Orem local historic site landmark register and the National Register of Historic Places.
   2. 2.
      The historic building property must be located adjacent to a minor arterial or principal arterial as defined in the Orem Street Classification Map, as amended.
   3. 3.
      The City Council finds that the building has an architecture, design or style that is historically significant, unique and aesthetically pleasing.
   4. 4.
      The owner commits to completing significant restoration/remodeling of the historic structure that will result in the beautification and preservation of the historical structure. As part of the conditional use application, the owner shall submit information to the City detailing the restoration, remodeling and other improvements that the owner intends to make to the property. The completion of such restoration, remodeling or other improvements may be made as an express condition of the conditional use permit and failure to complete such required improvements within the time designated by the City Council shall be grounds for revocation of the conditional use permit.
   5. 5.
      The proposed use will not negatively impact the historic character or the defining characteristics of the building and surroundings. The proposed use and any remodeling, renovation or construction must be consistent with the provisions of Section 22-14-25(C).
   6. 6.
      The lot on which the historic building is located is at least 12,000 square feet.
   7. 7.
      The number of individuals that may be employed on the premises at any one time shall be limited to the number of off-street parking spaces that are provided on the site multiplied by eighty percent (80%)(rounded down to the lowest whole number). In other words, if eight off-street parking stalls are provided, no more than six individuals (8 x .80 = 6.40) may be employed on the premises at any one time. However, no more than ten (10) off-street parking stalls may be allowed on the property, and no more than eight (8) individuals may be employed on the premises at any one time.
   8. 8.
      The applicant shall submit a landscape plan that shows the existing landscaping on the site (including trees, shrubs, bushes and other vegetation) and also shows any landscaping that the applicant proposes to add or remove. The City Council may require alterations to the landscape plan in order to preserve existing landscaping where desirable and to enhance the buffer between the property and adjacent residential properties. The owner shall maintain the property in conformity with the landscape plan that is approved by the City Council as part of the conditional use permit.
   9. 9.
      A sight-obscuring fence at least six feet (6=) in height is installed and maintained along all shared boundaries with adjoining residential properties. No chain link fences shall be allowed.
   10. 10.
       The City Council determines that a conditional use permit is appropriate after consideration of all criteria and after compliance with all requirements of Article 22-4.
   11. 11.
       Permitted signage shall be restricted to one of the following:

       1. a.
          A wall sign or projecting sign no greater than twelve square feet in size.
       2. b.
          A monument sign that is no greater than four feet high and sixteen square feet in size and that otherwise complies with the requirements of Section 14-3-2 of the Orem City Code.

   No interior lighting of any sign shall be permitted.

   13. 13.
       The Orem City Historical Preservation Advisory Commission (HPAC) shall review any application for a conditional use permit hereunder and shall give its recommendation to the City Council. The HPAC shall review the application for compliance with this Section 22-6-10(G) and shall also consider the standards and criteria of Section 22-14-25 (Historical Preservation) to determine the historic value of the application.
   14. 14.
       Conditional uses shall be limited to the following Standard Land Use Codes:

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-96-0002, Amended, 01/02/1996; Ord. No. O-99-0057, Amended, 12/14/1999; Ord. No. O-01-0021, Amended 06/12/2001; Ord. No. O-03-0020, Amended, 07/22/2003; Ord. No. O-2014-0035, Amended 10/14/2014; Ord. No. O-2019-0013, Amended 5/14/19)

8. H.
   Cemeteries. Cemeteries are permitted in the R8, R12, R20, and OS5/ROS zones subject to the following standards:

   1. 1.
      landscaping shall be maintained in all areas not covered by markers, structures or other improvements; and
   2. 2.
      no ceremonies, wakes, services, events, celebrations, or organized activities shall be conducted before 7:00 a.m. or after 9:00 p.m.

(Ord. No. O-06-0014, Enacted 7/25/2006)

9. I.
   Water Treatment Plants (Purification) (SLU 4831) and Municipal Water Storage Tanks (SLU 4832).

   1. a.
      Water treatment plants (purification) are permitted in the R12 zone subject to the following standards:

      1. 1.
         the site is located at least 4910 feet above mean sea level (MSL);
      2. 2.
         the entire site is landscaped except for areas covered by buildings, parking, driveways or other improvements.
   2. b.
      Municipal water storage tanks (including water storage tanks owned by a water conservancy district that serves a municipality) are permitted in the R12, R8, and R7.5 zones subject to the following standards:

      1. 1.
         The site is located at least 4730 feet above mean sea level;
      2. 2.
         A municipal water storage tank shall not extend more than five feet (5') above the original grade of the land on which it is located. The water storage tank must be entirely buried and covered with top soil and the entire area of the water tank must be covered and maintained with landscaping. The entire parcel on which the storage tank is located must also be entirely landscaped except for areas covered by buildings, parking, driveways or other improvements (other than the storage tank).

(Ord. No. O-06-0014, Enacted 7/25/2006; Ord. No. O-2019-0030, Amended 9/17/2019)

10. J.
    Enclosing Existing Carports. Attached carports in existence as of March 2000 which do not meet current setbacks and are at least five (5) feet from the side property line and twenty-five (25) feet from the front property line are permitted to be enclosed provided the following requirements are met:

    1. 1.
       The existing footprint of the carport shall not be increased unless the portion that is increased meets current Code requirements.
    2. 2.
       The nonconforming setback shall not be made more nonconforming by reducing the existing setback.
    3. 3.
       Existing carports encroaching on easements shown on a recorded plat of the property shall not be enclosed unless the utility easement(s) is/are vacated through a plat amendment.
    4. 4.
       The proposed conversion from carport to garage meets all applicable building and zoning codes and a building permit is issued for the conversion.

(Ord. No. O-2010-0027, Enacted 11/09/2010)

11. K.
    Amateur Radio. This section shall apply to amateur radio (“ham radio”) antennas and support structures.

    1. 1.
       General Regulations. Amateur radio antennas and support structures are allowed as a permitted use in all zones up to a height of forty-five (45) feet. All amateur radio antennas and support structures shall comply with the following requirements.

       1. a.
          All facilities shall comply with any pertinent regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).
       2. b.
          A building permit is required for any support structure over twelve (12) feet in height.
       3. c.
          No more than one amateur support structure per lot may be installed. A support structure may only be located in the rear or side yard of a home or primary structure. A roof-mounted antenna shall be allowed provided that the height of the antenna does not exceed twelve (12) feet.
       4. d.
          Setbacks for all amateur radio support structures shall be at least twenty feet (20’) from neighboring property lines and a minimum of thirty feet (30’) from any public right of way.
       5. e.
          A support structure shall be composed of nonreflective galvanized steel or aluminum and shall be a neutral color or a color to match the background against which it will be most commonly seen.
       6. f.
          Antennas are to be installed on a building or property in the least conspicuous location possible.
       7. g.
          A support structure in a residential zone may not make use of guy wires.
    2. 2.
       Conditional Use for Additional Height. A conditional use permit may be granted by the City Council to allow amateur radio antennas and support structures to exceed 45 feet in height if it finds that the additional height will not create any negative impact or that the adverse negative impacts of such facilities at a greater height can be substantially mitigated. It is the intent of the City to reasonably accommodate antennas and support structures to the greatest extent practicable without negatively impacting the aesthetic quality of the neighborhood in which they are located. Antennas and support structures will generally not be allowed at a greater height to the extent the greater height negatively impacts the aesthetics of the neighborhood in which they are located. In determining whether amateur radio antennas and support structures should be allowed to exceed 45 feet in height, the City Council shall consider the following factors:

       1. a.
          The potential negative impact that the structure will have on the views of properties in the neighborhood. Special consideration shall be given to the impact on the views of attractive natural features such as Mount Timpanogos, Cascade Mountain, and Utah Lake.
       2. b.
          The potential negative impact that the structure will have on the overall aesthetic quality of the neighborhood in which the structure is located.
       3. c.
          The potential impact the structure may have on property values in the neighborhood in which the structure is located.
       4. d.
          The need of the owner/operator for an antenna and support structure in excess of 45 feet.
       5. e.
          The extent to which any negative impacts of the structure can be mitigated. Factors that may reduce the negative impact that a structure will have on the aesthetic quality of a neighborhood and which may be made a condition(s) for the allowance of a height greater than 45 feet include but are not limited to the following:

          1. (1)
             Setbacks from adjoining property that significantly exceed the required setbacks listed in subsection (1)(d) above.
          2. (2)
             The current existence and use of trees or other means to screen or camouflage the structure.
          3. (3)
             The use of a retractable support structure which is retracted when not in use or which is fully extended only during limited hours.
          4. (4)
             The location of a support structure adjacent to land that is undeveloped and not likely to be developed due to topography or other characteristics.
          5. (5)
             The location of a support structure in or adjacent to commercial property, churches, schools, parks or similar property such that the support structure will not impair the views of residential property owners.
          6. (6)
             Any other factor that could reasonably mitigate the negative impact of the structure.

    The existence of one or more of the conditions listed above does not create a presumption that the negative impacts of an antenna or antenna support structure are adequately mitigated.

    3. 3.
       Abandonment. An antenna structure shall be deemed to be abandoned and must be removed if the antenna is not used for a period of two (2) years or more. However, this two year period shall not run during any time when the owner is away on a temporary leave of absence due to military service, a volunteer service assignment or ecclesiastical assignment.

(Ord. No. O-2011-0006, Enacted 03/08/2011)

12. L.
    Beekeeping.

    1. 1.
       Definitions.

       1. a.
          Apiary: Any place where one (1) or more colonies of bees are located.
       2. b.
          Beekeeper: A person who owns or has charge of one (1) or more colonies of bees.
       3. c.
          Beekeeping Equipment: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors.
       4. d.
          Colony: Bees in any hive including queens, worker, or drones.
       5. e.
          Hive: A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which may be used to house bees.
       6. f.
          Honeybee: The common honeybee, Apis mellifera species, at any stage of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.
    2. 2.
       Purpose: The purpose of this article is to authorize beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with beekeeping in populated areas.
    3. 3.
       Certain Conduct Unlawful: Notwithstanding compliance with the various requirements of this article, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety or creates a nuisance. Furthermore, it is a violation of this ordinance to maintain an apiary or keep any colony that constitutes a nuisance due to its impact on the neighborhood. For the purposes of this section, a colony or apiary constitutes a nuisance when:

       1. a.
          the honeybees travel to any neighboring property to such an extent that the residents of that property are unable to fully enjoy the use of their property without coming into conflict with honeybees; or
       2. b.
          there is a resident on adjacent property who has a known allergy to bee stings.
    4. 4.
       Hives on Residential Lots:

       1. a.
          As provided in this section, an apiary may be maintained in the rear yard of residential lots as provided below:

          1. (1)
             No more than two (2) hives in residential zones R5, R6, R6.5, R7.5 and R8.
          2. (2)
             No more than three (3) hives in residential zones R12 and R20, but if the residential lot is ½ acre or larger, then an apiary with no more than five (5) hives may be maintained.
    5. 5.
       Beekeeper Registration: Each beekeeper shall be registered with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act set forth in Title 4, CHAPTER 11 of the Utah Code (1953 as amended).
    6. 6.
       Species Allowed: Beekeepers are allowed to keep honeybees as defined in Section 22-6-10.L.1.f.
    7. 7.
       Hives:

       1. a.
          Honeybee colonies shall be kept in hives with removable frames which shall be kept in sound and usable condition.
       2. b.
          Hives shall be placed at least fifteen (15) feet from any property line and six (6) inches above the ground, as measured from the ground to the lowest portion of the hive.
       3. c.
          Hives shall be operated and maintained as provided in the Utah Bee Inspection Act, Title 4, CHAPTER 11 of the Utah Code (1953 as amended).
       4. d.
          Each hive shall be conspicuously marked with the owner’s name, address, telephone number, and state registration number.
    8. 8.
       Flyways:

       1. a.
          A hive shall be placed on property so that the general flight pattern of the honeybees is in a direction that will deter honeybee contact with humans and domesticated animals.

          1. (1)
             If any portion of a hive is within twenty-five (25) feet from an adjacent property line or public access point as measured from the nearest point on the hive to the property line, a flyway barrier at least six (6) feet in height shall be established and maintained around the hive except as needed to allow access.
          2. (2)
             Such flyway shall consist of a solid wall, a fence, dense vegetation, or a combination thereof, and must extend at least ten (10) feet beyond the hive in each direction so that honeybees are forced to fly to an elevation of at least six (6) feet above ground level over property lines in the vicinity of the apiary.
          3. (3)
             Such flyway may not violate any other provision in CHAPTER 22 of the Orem City Code.
    9. 9.
       Water: Each beekeeper shall ensure that a convenient source of water is available to the colony continuously between March 1 and October 31 of each year. The water shall be in a location that minimizes any nuisance created by honeybees seeking water on neighboring property.
    10. 10.
        Beekeeping Equipment: Each beekeeper shall ensure that no bee comb or other beekeeping equipment is left upon the grounds of an apiary site. Upon removal from a hive, all such equipment shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
    11. 11.
        Violation and Penalty: The keeping of honeybees in violation of this ordinance is prohibited. Any violation of this section shall be a criminal misdemeanor pursuant to Orem City Code Section 22-1-6 and subject to the provisions of Orem City Code Section 22-1-3.

(Ord. No. O-2011-0019, Enacted 10/18/2011)

13. M.
    Historical Barns and Sheds on Residential Lots. In an effort to preserve barns and sheds that are a part of Orem’s historical heritage, a barn or shed built before 1940 (hereinafter referred to as an “historical barn or shed”) that was used in conjunction with fruit farming and that becomes nonconforming due to the subdivision of property on which it is located (because it becomes the primary structure/use on a residential lot due to the subdivision) may continue as a legal nonconforming use subject to the following requirements:

    1. 1.
       The historical barn or shed shall continue to be used in association with fruit farming and/or personal use. The shed may be used to store equipment, supplies, machinery, packaging, crates, tools, tractors, sprayers, mowers, sprays, etc. in support of fruit farming. The barn or shed may also be used for personal use and storage. However, the barn or shed may not be used for any commercial use other than fruit farming.
    2. 2.
       The historical barn or shed must be the only primary use on the lot on which it is located
    3. 3.
       The historical shed shall be maintained in a clean and neat manner. Weeds shall be mowed or removed. Other than currently licensed vehicles, no items of any kind including vehicles, supplies, debris, tools, packaging, equipment, containers, paper, boxes, tractors, sprayers, trash, tires, etc., shall be stored or left outside the historical shed or barn.
    4. 4.
       No signage shall be allowed on a lot on which an historical barn or shed is located other than the restoration of an historical wall sign that is painted on the barn or shed where the sign is more than fifty years old.
    5. 5.
       The historical shed or barn shall be removed before any residential dwelling may be built on the lot.
    6. 6.
       When a residential lot is created that contains an historical barn or shed, all other requirements for subdivided residential lots shall be required and enforced.
    7. 7.
       Any animals on the lot shall meet the requirements of Section 22-6-10C.
    8. 8.
       The minimum size of the shed or barn must be at least 150 square feet.
    9. 9.
       The historical shed or barn shall be maintained and preserved so as to be safe for current use. The roof shall be maintained and repaired so as to maintain a dry interior.
    10. 10.
        The owner of the lot shall demolish the shed or barn and remove all evidence of the shed or barn if the building is determined to be unsafe by the Chief Building Official of Orem as outlined in the “The Uniform Code for the Abatement of Dangerous Buildings.”
    11. 11.
        The owner shall remove any historical barn or shed that fails to comply with any of the above provisions.

(Ord. No. O-2012-0022, Enacted 08/14/2012)

14. N.
    Gravel Parking Strip. For purposes of this section, a principal driveway is a driveway that leads from the street to a carport, garage, or other access to a residence and includes driveways located in front of a residence. A principal driveway in residential zones shall comply with Orem City Code 22-14-7(B)(2). However, a lot in a residential zone may have a gravel parking strip if it complies with the following regulations:

    1. 1.
       The gravel parking strip shall be located to the side of the principal driveway, house, garage, or carport. It shall not be located directly in front of the house, garage, or carport.
    2. 2.
       The gravel parking strip shall not be adjacent to or accessed from the street or sidewalk, but it shall be adjacent to and accessed from the principal driveway. Thus, there shall be no separate curb cut for the gravel parking strip.
    3. 3.
       The gravel in the gravel parking strip shall be at least four inches (4”) deep or shall be stabilized by a stabilizer grid.
    4. 4.
       The entirety of the gravel parking strip shall be maintained free of weeds of any kind.
    5. 5.
       Vehicles shall not be parked on any area of a gravel parking strip that is located in the Clear Vision Area of a lot as defined in Section 22-14-19(C)(1)(c).
    6. 6.
       No gravel from gravel parking strips shall be allowed to cross over onto neighboring properties, and a concrete or other fixed barrier at least four inches (4”) tall shall be placed between a neighboring property and gravel parking strip if the gravel parking strip is within three feet (3’) of a neighboring property.

Nothing in this section shall be construed to allow parking of vehicles that is otherwise prohibited by the Orem City Code.

(Ord. No. O-2023-0004, Enacted 3/15/2023)

Effective on: 5/14/2019