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Orem City Zoning Code

ARTICLE 22

8. Commercial and Professional Office Zones

22-8-1. General Provisions.

  • The objective in establishing commercial and professional office zones is to provide areas within the City where commercial and service uses may be located.
    • (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Amended, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. For permitted uses and uses which require a conditional use permit, refer to Article XIX.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Amended, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. Refer to the following Articles for additional regulations:
      1. Article III, Nonconforming Uses.
      2. Article IV, Conditional Use Permits.
      3. Article XIV, Supplementary Regulations.
      4. Article XV, Off-Street Parking.
      5. Orem City Code, Sign Ordinance.
      6. Orem City Code, Appendix A, for permitted use and conditional uses.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Amended, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)

    Effective on: 1/1/1901

    22-8-2. Professional Office (PO) Zone.

    The PO zone is established to create a buffering effect between residential uses and traffic associated with arterial and collector streets; and to promote nonretail professional and service uses that are compatible with adjacent residential uses.

    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-3. C1 Zone.

    The C1 zone is established to promote nonretail commercial uses, such as offices and financial institutions, as the primary use and to encourage development in such a manner so as to be compatible with adjacent residential uses.

    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-2; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-4. Repealed.

    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-3; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)

    Effective on: 1/1/1901

    22-8-5. C2 Zone: Purpose.

    The purpose of the C2 zone is to:

    1. Allow a wide range of commercial and retail development including offices, business and personal services, public spaces, and general community shopping;
    2. Encourage commercial development that has a high degree of aesthetic appeal through the use of high-quality building materials, architectural requirements, massing, lighting, landscaping, and the relationship to streets and pedestrian ways;
    3. Create an area that offers an inviting pedestrian experience through the creation of buffered sidewalks, maximum building setbacks from State Street,  requiring direct building accesses from State Street, providing incentives for outdoor dining and public spaces, and landscaping requirements.
    4. Promote convenient access to retail, employment centers, residences, and transit as well as links to other commercial developments and neighborhoods; and
    5. Maintain an adequate buffer between commercial development and adjacent residential neighborhoods. 
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-4; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001: Ord. No. O-2017-0012, Amended 04/25/2017)

    Effective on: 1/1/1901

    22-8-6. HS Zone.

    The HS zone is established to promote uses most commonly associated with the traveling public and general community shopping.

    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0035, Amended, 07/08/1997; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-5; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-7. C3 Zone.

    The purpose of the C3 zone is to:

    1. Encourage and enhance the development of commercial complexes with multiple tenants in a way that contributes to the positive character of the City of Orem and the surrounding region; and
    ​​(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-6; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)
    1. Provide appropriate buffering between large-scale commercial development and adjacent residential development.
    ​​(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-6; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)

    Effective on: 1/1/1901

    22-8-8. Zone Development Standards.

  • A.
    General Zone Development Standards. The following development standards shall apply in the PO, C1, C2, C3, and HS zones.
    • (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-7; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-98-0040, Amended, 09/22/1998; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0035, Amended, 09/04/2001; Ord. No. O-02-0029, Amended, 08/27/2002; Ord. No. O-03-027, Amended, 08/26/2003; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2010-0006, Amended 03/09/2010; Ord. No. O-2010-0031, Amended 12/14/2010; Ord. No. O-2014-0025, Amended 07/22/2014; Ord. No. O-2017-0012, Am&Ren 04/25/2017; Ord. No. O-2017-0031, Amended 11/14/2017; Ord. No. O-2022-0006, Amended 2/22/2022)

    Zone Development Standards

    Commercial and Professional Office Zones

     POC1C2C3HS

    * Parcels smaller than three (3) acres shall only be allowed pursuant to Section 22-8-14(D).

    ** Building setbacks from 800 North in the PO and C3 zones shall be according to "Appendix I"§22 8-9 ZONING

    *** Exception: The maximum height for structures located in the C3 zone which are set back no less than one hundred fifty feet (150') from a residential zone shall be forty-eight feet (48'). The maximum heights for structures in a C2 zone which are set back less than one hundred feet (100’) from a residential zone shall be thirty-five (35’) feet. Notwithstanding the above, the height of municipal building parapets may extend an additional four (4) feet above the maximum building height in the C2 zone.

    **** In all commercial zones no portion of any building shall be located closer to a residentially zoned property than a distance equal to the height of that portion of the building (applicable to all commercial zones listed above).  However, no setback is required where the top of the structure is lower than the grade of the adjoining residential lot (as measured at some point within five feet of the property line) along the entire length of the property line between the two properties.  

    *****Building setbacks and landscaping requirements for lots located adjacent to State Street shall be measured from the back of an existing or required sidewalk. All buildings and parking lots shall be set back at least fifteen feet (15’) from any required sidewalk adjacent to State Street (adjacent sidewalks include sidewalks separated from State Street by a landscape strip).

    ******The PO zone may not be applied to an area of less than one acre.

    NOTE: In all commercial zones, except the PO and C3 zones, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, sky lights, cornices, antennas, and properly screened mechanical appurtenances may extend up to an additional ten feet above the maximum height allowed in the applicable zone. However, the combination of such items occupy more than thirty percent 30% of the area of the uppermost floor of the building.

    Minimum Lot area in square feet unless listed as acres Setbacks (Minimum)18000******700070003 acres*½ acre

    From back of sidewalk adjacent to

    State Street or State Street

    Connector Street:

    From all other streets:

     

    15'

     

    20'**

     

    15'

     

    20'

     

    15'

     

    20'*****

     

    15'

     

    30'**

     

    15'

     

    20'

    From an adjoining Property in a nonresidential zone:00000
    From an adjoining property in a residential zone****:25'****10'10'40'10'
    Structure Heights.
    Minimum:8'8'8'8'8'
    Maximum:35'48'48'***35'***60'

    Zone Development Standards

    Commercial and Professional Office Zones

     POC1C2C3HS

    * Parcels smaller than three (3) acres shall only be allowed pursuant to Section 22-8-14(D).

    ** Building setbacks from 800 North in the PO and C3 zones shall be according to "Appendix I"§22 8-9 ZONING

    *** Exception: The maximum height for structures located in the C3 zone which are set back no less than one hundred fifty feet (150') from a residential zone shall be forty-eight feet (48'). The maximum heights for structures in a C2 zone which are set back less than one hundred feet (100’) from a residential zone shall be thirty-five (35’) feet. Notwithstanding the above, the height of municipal building parapets may extend an additional four (4) feet above the maximum building height in the C2 zone.

    **** In all commercial zones no portion of any building shall be located closer to a residentially zoned property than a distance equal to the height of that portion of the building (applicable to all commercial zones listed above).  However, no setback is required where the top of the structure is lower than the grade of the adjoining residential lot (as measured at some point within five feet of the property line) along the entire length of the property line between the two properties.  

    *****Building setbacks and landscaping requirements for lots located adjacent to State Street shall be measured from the back of an existing or required sidewalk. All buildings and parking lots shall be set back at least fifteen feet (15’) from any required sidewalk adjacent to State Street (adjacent sidewalks include sidewalks separated from State Street by a landscape strip).

    ******The PO zone may not be applied to an area of less than one acre.

    NOTE: In all commercial zones, except the PO and C3 zones, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, sky lights, cornices, antennas, and properly screened mechanical appurtenances may extend up to an additional ten feet above the maximum height allowed in the applicable zone. However, the combination of such items occupy more than thirty percent 30% of the area of the uppermost floor of the building.

    Minimum Lot area in square feet unless listed as acres Setbacks (Minimum)18000******700070003 acres*½ acre

    From back of sidewalk adjacent to

    State Street or State Street

    Connector Street:

    From all other streets:

     

    15'

     

    20'**

     

    15'

     

    20'

     

    15'

     

    20'*****

     

    15'

     

    30'**

     

    15'

     

    20'

    From an adjoining Property in a nonresidential zone:00000
    From an adjoining property in a residential zone****:25'****10'10'40'10'
    Structure Heights.
    Minimum:8'8'8'8'8'
    Maximum:35'48'48'***35'***60'

    Zone Development Standards

    Commercial and Professional Office Zones

     POC1C2C3HS

    * Parcels smaller than three (3) acres shall only be allowed pursuant to Section 22-8-14(D).

    ** Building setbacks from 800 North in the PO and C3 zones shall be according to "Appendix I"§22 8-9 ZONING

    *** Exception: The maximum height for structures located in the C3 zone which are set back no less than one hundred fifty feet (150') from a residential zone shall be forty-eight feet (48'). The maximum heights for structures in a C2 zone which are set back less than one hundred feet (100’) from a residential zone shall be thirty-five (35’) feet. Notwithstanding the above, the height of municipal building parapets may extend an additional four (4) feet above the maximum building height in the C2 zone.

    **** In all commercial zones no portion of any building shall be located closer to a residentially zoned property than a distance equal to the height of that portion of the building (applicable to all commercial zones listed above).  However, no setback is required where the top of the structure is lower than the grade of the adjoining residential lot (as measured at some point within five feet of the property line) along the entire length of the property line between the two properties.  

    *****Building setbacks and landscaping requirements for lots located adjacent to State Street shall be measured from the back of an existing or required sidewalk. All buildings and parking lots shall be set back at least fifteen feet (15’) from any required sidewalk adjacent to State Street (adjacent sidewalks include sidewalks separated from State Street by a landscape strip).

    ******The PO zone may not be applied to an area of less than one acre.

    NOTE: In all commercial zones, except the PO and C3 zones, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, sky lights, cornices, antennas, and properly screened mechanical appurtenances may extend up to an additional ten feet above the maximum height allowed in the applicable zone. However, the combination of such items occupy more than thirty percent 30% of the area of the uppermost floor of the building.

    Minimum Lot area in square feet unless listed as acres Setbacks (Minimum)18000******700070003 acres*½ acre

    From back of sidewalk adjacent to

    State Street or State Street

    Connector Street:

    From all other streets:

     

    15'

     

    20'**

     

    15'

     

    20'

     

    15'

     

    20'*****

     

    15'

     

    30'**

     

    15'

     

    20'

    From an adjoining Property in a nonresidential zone:00000
    From an adjoining property in a residential zone****:25'****10'10'40'10'
    Structure Heights.
    Minimum:8'8'8'8'8'
    Maximum:35'48'48'***35'***60'

    Zone Development Standards

    Commercial and Professional Office Zones

     POC1C2C3HS

    * Parcels smaller than three (3) acres shall only be allowed pursuant to Section 22-8-14(D).

    ** Building setbacks from 800 North in the PO and C3 zones shall be according to "Appendix I"§22 8-9 ZONING

    *** Exception: The maximum height for structures located in the C3 zone which are set back no less than one hundred fifty feet (150') from a residential zone shall be forty-eight feet (48'). The maximum heights for structures in a C2 zone which are set back less than one hundred feet (100’) from a residential zone shall be thirty-five (35’) feet. Notwithstanding the above, the height of municipal building parapets may extend an additional four (4) feet above the maximum building height in the C2 zone.

    **** In all commercial zones no portion of any building shall be located closer to a residentially zoned property than a distance equal to the height of that portion of the building (applicable to all commercial zones listed above).  However, no setback is required where the top of the structure is lower than the grade of the adjoining residential lot (as measured at some point within five feet of the property line) along the entire length of the property line between the two properties.  

    *****Building setbacks and landscaping requirements for lots located adjacent to State Street shall be measured from the back of an existing or required sidewalk. All buildings and parking lots shall be set back at least fifteen feet (15’) from any required sidewalk adjacent to State Street (adjacent sidewalks include sidewalks separated from State Street by a landscape strip).

    ******The PO zone may not be applied to an area of less than one acre.

    NOTE: In all commercial zones, except the PO and C3 zones, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, sky lights, cornices, antennas, and properly screened mechanical appurtenances may extend up to an additional ten feet above the maximum height allowed in the applicable zone. However, the combination of such items occupy more than thirty percent 30% of the area of the uppermost floor of the building.

    Minimum Lot area in square feet unless listed as acres Setbacks (Minimum)18000******700070003 acres*½ acre

    From back of sidewalk adjacent to

    State Street or State Street

    Connector Street:

    From all other streets:

     

    15'

     

    20'**

     

    15'

     

    20'

     

    15'

     

    20'*****

     

    15'

     

    30'**

     

    15'

     

    20'

    From an adjoining Property in a nonresidential zone:00000
    From an adjoining property in a residential zone****:25'****10'10'40'10'
    Structure Heights.
    Minimum:8'8'8'8'8'
    Maximum:35'48'48'***35'***60'
    (Ord. No. O-2022-0006, Amended 2/22/2022; Ord. No. O-2023-0002, Amended 2/28/2023)
    1. B.
      Zone Development Standards for the State Street Corridor Area. The following requirements shall apply to all development in the State Street Corridor Area including development in PD zones, unless the applicable PD zone contains a specific, contrary standard in which case the standard set forth in the applicable PD shall control. The “State Street Corridor Area” refers to all lots that have frontage on State Street or frontage on a State Street Connector Street (that portion of a public street that intersects with and is located within 500 feet of the State Street right-of-way line). If not specifically governed by a provision of this Section 22-8-8(B), the “General Zone Development Standards” of 22-8-8 (A) shall apply to development in the PO, C1, C2, C3, and HS zones.
    2. (Ord. No. O-2021-0005, Amended 3/9/2021)
      1. 1.
        Setbacks From State Street and From State Street Connector Streets. All buildings and parking areas in the State Street Corridor Area shall be set back at least fifteen feet (15’) from the back of the required sidewalk (the side furthest from the street) along State Street and State Street Connector Streets. There is no maximum setback from the State Street and State Street Connector Streets. Setbacks from other streets and property lines shall be as set forth in 22-8-8(A). All area within the required fifteen foot setback shall be landscaped. 
    (Ord. No. O-2021-0005, Amended 3/9/2021; Ord. No. O-2022-0006, Amended 2/22/2022)
      1. 2.
        Buffered Sidewalks. Buffered sidewalks shall be installed and maintained along the entire length of property adjacent to State Street and State Street Connector Streets. Buffered sidewalks shall include both a landscaped planter strip area with trees next to the street, and a sidewalk.
        1. a.
          Planter Strips. Planter strips along State Street shall be at least fifteen feet (15’) wide and may not be used for storm water detention or management (such as a low-impact development). Planter strips along State Street Connector Streets shall be at least eight feet (8’) wide and may be used for storm water detention or management (such as a low impact development).
        2. b.
          Sidewalks. Sidewalks along State Street and State Street Connector Streets shall be a minimum of 8 feet wide and shall include ADA-compliant ramps at curb cuts and intersections with public and private streets. Landscaping such as tree grates and planter boxes may be incorporated into the required sidewalk area where approved by the City, provided a continuous minimum unobstructed width of 5 feet of sidewalk travel lane is maintained. Sidewalk widths shall be consistent with sidewalks on adjacent properties where possible (provided they also meet the 8-foot minimum width requirement), or shall otherwise taper to meet neighboring sidewalk widths to create a smooth transition across property lines.
        3. c.
          Vegetation coverage.  Landscaped areas shall have a minimum of 50% living vegetation coverage. No vegetation coverage higher than 24 inches above grade shall be counted toward the total coverage requirement.  No landscaping shall be required at vehicle access points, and vehicular accesses do not apply toward the total area required for vegetation coverage. Planter boxes, plants, and other vegetation outside of required landscaping areas are encouraged, but do not apply toward the total vegetation requirement.
        4. d.
          Tree position and spacing. Trees shall be planted and maintained in the planter strips along State Street and shall be spaced evenly one tree for every 40 linear feet (or fraction thereof) of landscaped frontage. Trees shall be planted in the planter strips along State Street Connector Streets and shall be spaced one tree for every 40 linear feet of landscaped frontage. Trees must be spaced to best align with neighboring properties and to maximize the potential number of trees that can be planted.  Trees must also be planted in the planter strip no more than 4 feet in from the inside sidewalk edge.
        5. e.
          Tree species. Trees planted in the required planter strips along State Street and State Street Connector Streets shall consist of trees authorized in Appendix “U”.
        6. f.
          Accommodations for safety. Landscaping requirements may be modified where the City traffic engineer determines a modification is necessary to accommodate deceleration lanes or to maintain clear vision areas.
    (Ord. No. O-2022-0006, Amended 2/22/2022)
      1. 3.
        Signs. Monument signs shall be set back a minimum of eight (8’) feet from the back of curb adjacent to State Street in order to accommodate any future widening without the need to relocate such signage.
      2. 4.
        Amended Sites. Notwithstanding the provisions of Section 22-14-20(G)(2) or any other provision of City Code except as provided below, any amendment to an existing site or development in the State Street Corridor Area must comply with the requirements of this Section 22-8-8(B). Except for the minor amendments described in 22-14-20(C)(3)(b)(1)-(3) and (5)-(10) and Section 22-14-20(H) relating to modification of the landscaping requirement, an applicant proposing amendments to an existing site plan must bring the site into compliance with the requirements of this Section 22-8-8(B).
        1. a.

          Permitted Modifications to Buffered Sidewalk Requirement. An amendment to an existing site that cannot fully comply with the buffered sidewalk requirement set forth above (eight (8) foot sidewalk and fifteen (15) foot planter strip—hereinafter referred to as the “Buffered Sidewalk Requirement”) without removing part of a building lawfully existing as of [insert council adoption date], shall only be required to comply with the Buffered Sidewalk Requirement to the greatest extent possible within the area between the back of curb and the existing building.

          1. i.

            If the distance between the back of curb and the existing building is more than eight (8) feet, a buffered sidewalk shall be constructed and maintained with eight (8) feet of sidewalk and the balance of the area between the back of curb and the edge of sidewalk maintained as:

            1. 1.

              a landscaped planter strip if there is five (5) feet or more between the back of curb and the sidewalk;

            2. 2.

              decorative stamped concrete or pavers and tree grates (with trees) measuring at least four (4) feet wide and four feet long and spaced no more than forty (40) feet apart where there is less than five feet but more than two feet between the back of curb and the sidewalk. Tree grates may extend into the sidewalk area up to two (2) feet provided there remains at least five (5) feet of unobstructed sidewalk width and the tree grates are installed so as to create no trip hazards (the trees to be installed shall be selected from the list contained in Appendix U, Group A);

            3. 3.

              decorative stamped concrete or pavers where there is less than two feet between the back of the curb and the sidewalk.

          2. ii.

            If the distance between the back of the curb and the existing building is eight feet or less, a sidewalk shall be constructed and maintained in said area. In no case shall a sidewalk be less than five (5) feet.

          3. iii.

            In no case shall any amended site increase the nonconformity of the site with respect to the Buffered Sidewalk Requirement.

          4. iv.

            A building existing within the Buffered Sidewalk Requirement area shall not be expanded either vertically or horizontally within the Buffered Sidewalk Requirement area.

          5. v.

            A tapered transition between areas with a full and reduced buffered sidewalk shall be designed and constructed to create an uninterrupted and continuous sidewalk. The area of the transition shall not exceed the 25 feet in length.

    (Ord. No. O-2022-0006, Amended 2/22/2022)
      1. 5.

        Architectural Features.

        1. a.

          Windows and Awnings. Each street-facing, ground-story facade shall have a minimum percentage of 40% completely transparent window coverage that is readily visible to a depth of at least five feet into the building. All awnings shall be durable canvas or standing seam metal. Plastic awnings are not permitted.

          1. i.

            Except for ground floor display windows and transoms, windows on all stories of the building shall be vertical or square in proportion.

        2. b.

          Vertical Facade Articulation. All street-facing facades shall have a vertical break of at least one foot for every 50 feet of building façade.

    1. c.
      Horizontal Weighting of Materials. Building wall materials shall be combined on each facade horizontally only, with the traditionally heavier elements (material or weight) below lighter elements. For example, stone should not be above stucco, and brick should not be below concrete.
    2. d.
      Materials.
      1. i.
        Except as otherwise provided, all buildings shall be completed on street-facing facades with brick, split-face block, glass, stone, or fiber cement board (hereinafter referred to as “Tier 1 Materials”). Aluminum composite material panel systems, stucco, and exterior insulation and finishing systems (EIFS) (hereinafter referred to as “Tier 2 Materials”) shall only be permitted as a trim on ground-level facades and shall only be allowed on up to a maximum of 40% of a street-facing facade and up to a maximum of 75% of a non-street facing façade.
      2. ii.
        Standing seam metal (but no other metals) may be used for awnings. Sheet metal and corrugated metal and other metal finishes are only permitted for soffits, fascia, and similar minor architectural features (less than or equal to 5% coverage on any given elevation).
    1. 6.
      Utility Enclosures. Whenever possible, all utilities shall be buried. Utility access boxes and other utility appurtenances shall not be located within eight feet of the back of the curb. Utility access boxes and other utility appurtenances shall not be located within a planter strip, unless buried.
      1. a.
        Utility boxes within 15 feet of the back of sidewalk shall be screened with a fence or wall that completely screens the box from view of the street and sidewalk. The screening fence or wall must be architecturally compatible with the materials and design of the primary structure and shall in no case be lower than four feet in height or the height of the utility box, whichever is greater. Chain link fencing with slats may not be used for the screening required under this subsection. Access gates for utility boxes and appurtenances under this subsection shall not face State Street or a State Street connector street.

     

    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-7; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-98-0040, Amended, 09/22/1998; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0035, Amended, 09/04/2001; Ord. No. O-02-0029, Amended, 08/27/2002; Ord. No. O-03-027, Amended, 08/26/2003; Ord. No. O-06-0014, Amended 7/25/2006; Ord. No. O-2010-0006, Amended 03/09/2010; Ord. No. O-2010-0031, Amended 12/14/2010; Ord. No. O-2014-0025, Amended 07/22/2014; Ord. No. O-2017-0012, Am&Ren 04/25/2017, Ord. No. O-2017-0026, Amended, 09/12/2017; Ord. No. O-2019-0025, Amended 8/27/2019; Ord. No. O-2021-0005, Amended 3/9/2021; Ord. No. O-2022-0006, Amended 2/22/2022)

    Effective on: 9/17/2019

    22-8-9. Landscaping.

  • Landscaping requirements for all commercial areas. The following requirements shall apply to development in all commercial zones except the PO and C3 zones. However, to the extent that any of these requirements conflict with the requirements for development in the State Street Corridor Area set forth in Section 22-8-8(B), the State Street Corridor Area standards shall apply. In all commercial zones, except the PO and C3 zones, a landscaped area shall be provided. Landscaped  areas shall be at least as wide as the required setback and be maintained along the right-of-way line of dedicated streets, except as provided below:
    1. Where a parcel is a corner lot, the total landscaping required shall be equal to the length of the property (in feet) on the longer side adjacent to the street multiplied by the distance of the required setback. The amount (in square feet) of landscaping required by this formula shall be distributed as follows: Landscaped berms at least ten feet (10') in width shall be located adjacent to the right-of-way lines of both streets. The balance of landscaping required by the formula may be placed anywhere else on the parcel and need not be adjacent to a street.
    2. Where a parcel has frontage on at least two (2) streets but is not a corner lot, a landscaped strip in width less than the required setback may be allowed as follows:
      1. A ten foot (10') strip may be allowed on streets other than arterial streets, provided the strip is developed in accordance with a detailed landscaping plan approved by the Planning Commission. In its review, the Planning Commission shall consider the proposed location, number, size, and type of plants, the type of irrigation system proposed, the plan's compliance with the Orem Tree Planting Plan, and other similar factors. Frontage along arterial streets shall have landscaped berms at least as wide as the required setback of the zone.
      2. A five foot (5') strip may be allowed on streets other than arterial streets provided the strip is sloped down to the public right-of-way from a concrete or concrete block retaining wall with a minimum slope of 3:1 (three feet horizontal to one foot vertical) and is developed in accordance with a detailed landscaping plan approved by the Planning Commission. In its review, the Planning Commission shall consider the proposed location, number, size, and type of plants, the type of irrigation system proposed, the plan's compliance with the Orem Tree Planting Plan, and other similar factors. Frontage along arterial streets shall have landscaped berms at least as wide as the required setback of the zone.
    3. No landscaping shall be required where vehicular accesses are permitted.
    4. Notwithstanding anything herein to the contrary, landscaping for the areas shown in Appendix TT of the Orem City Code along the University Parkway frontage shall be provided and maintained as shown in Appendix TT. This subsection 4 shall not affect the requirements for any area not included in Appendix TT.
    5. The owner of each property in a commercial zone (including PD zones that allow commercial uses) shall be responsible for the maintenance of all landscaping located between the back of street curb and the lot line and for the removal of snow, ice, weeds, dirt and debris from any public sidewalk located on the property or between the back of street curb and the property line.  
    • (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017; Ord. No. O-2017-0015, Amended, 5/23/2017)
    1. Trees authorized in Appendix U shall be planted in the landscaped areas adjacent to the right-of-way line in all commercial and professional office zones. The number of trees shall be one tree for every forty (40) linear feet of landscaping adjacent to any street right-of-way. The trees shall be spaced evenly within the planter strip required along the right-of-way.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)
    1. All required trees, unless otherwise specified in this Article, shall be at least 2 inches in caliper, measured at 4 feet from grade, and shall be at least eight feet (8') in height , when planted.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)
    1. Each landscape area shall be at least five feet (5') long and five feet (5') wide. The plan showing the planting areas shall show the general location, number, and type of plants along with provisions for an irrigation system.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)
    1. Concrete curbs shall be provided between landscaped areas and off-street parking areas. Low-profile curbs are permitted to accommodate low-impact developments (LIDs) in all landscaped areas other than in planter strips along State Street. 
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)
    1. No Certificate of Occupancy shall be issued for any building on any portion of a development until the landscaping is in place or a bond, cash deposit, or equivalent, is deposited with the City conditioned on and guaranteeing the installation of all landscaping shown on the approved landscaped plan. All landscaped areas shall be maintained in a neat, clean, orderly and sightly condition. This shall include proper pruning, lawn mowing, weeding, removal of litter, fertilizing, replacing of dead plants and the regular watering of all plantings. Failure to maintain the landscaping as provided herein shall be a violation of this chapter .
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017)
    1. Landscaping within the PO and C3 Zones shall be as follows:
      1. A landscaped area shall be installed and maintained along the right-of-way line of dedicated streets. The landscaped areas shall be at least twenty feet (20') wide in the PO Zone, and twenty-five feet (25') wide in the C3 Zone. These areas shall be varied in height to create a more natural look, and shall meander within the landscaped width.
      2. In the C3 Zone, a ten (10) foot wide landscaped strip shall be provided along the masonry fence required in subparagraph (A) of Section 22-14-19(E) of this Chapter. Trees shall be Norway Maples, Littleleaf Lindens, or some other tree listed in Appendix "U", and shall be planted a distance of three feet (3') from the masonry fence required in subparagraph (A) of Section 22-14-19(E) of this Chapter. No impervious material shall be placed closer than three feet (3') from the trunk of the tree. Trees shall be at least two inches (2') in caliper, and shall be spaced no more than thirty feet (30') on center, unless otherwise specified in this Article. An underground sprinkling system shall be provided to each tree.
      3. Landscaping adjacent to 800 North Street shall be:
        1. A minimum of thirty-one feet (31') in width on the south side of 800 North Street with a six foot (6') wide sidewalk, as shown on Appendix I , or
        2. A minimum of thirty-five feet (35') in width on the north side of 800 North Street with a ten foot (10') wide meandering sidewalk, set back a minimum of ten feet(10'), as shown on Appendix I.

      All landscaped areas shall be maintained in accordance with good landscaping practices. All landscaping shall have an automatic underground sprinkling system. Landscaped areas shall have either deciduous trees of Norway Maples, Littleleaf Lindens, or some other tree listed in Appendix "U", with the deciduous trees at least two inches (2") in caliper (measured at 4 feet from grade) or the evergreen trees eight feet (8') in height with the number of trees being at least one (1) tree for every forty feet (40') of street frontage and residential lot line frontage.

      1. Landscaped islands at the end of each row of parking shall be installed to delineate all on-site driveways. Each island shall have at least one (1) deciduous tree; when the site is in the C3 Zone and the landscaped island is within seventy-five (75) feet of a dedicated street right-of-way or within fifty (50) feet of a store front, no trees shall be required. In the C3 Zone all double rows of parking shall have either:
        1. A five foot (5') wide landscaped island located between each row of double row with at least one (1) deciduous tree planted for every fifty linear feet (50') of that landscaped island (rounded up to the nearest whole number), or
        2. A landscaped island, no smaller than eight feet (8') wide and thirty-two feet (32') long, located at least every one hundred and twenty-five feet (125'), measured from the end island closest to the building. Each island shall contain at least one (1) deciduous tree.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-8; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0012, Am&Ren 04/25/2017; Ord. No. O-2019-0013, Amended 5/14/19)

    Effective on: 5/14/2019

    22-8-10. Miscellaneous Regulations for Commercial and Professional Office Zones.

  • Storage of Merchandise. The storage of merchandise outside an approved building shall be in an area approved as a part of the site plan and shall be within an area enclosed with a sight obscuring fence of at least six feet (6') in height; provided, however, that promotional displays, vehicle sales lots, and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. This subsection shall not apply to the sale of Christmas trees. Landscaped areas shall not be used for the displaying of merchandise.
    • (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-00-0015, Amended, 03/21/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001)
    1. Maintenance of Premise. No excessive dust, offensive odor, smoke, intermittent light, or noise shall be emitted which is discernible beyond the zone boundary lines, except that which emanates from the movement of motor vehicles. Premises shall be maintained in such a manner so as to avoid unreasonable interference with adjacent uses and to avoid public nuisances.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-00-0015, Amended, 03/21/2000; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-01-0027, Amended, 08/07/2001)
    1. Site Lighting. All lighting shall be designed to minimize direct glare to adjoining residences.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-9; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-00-0015, Amended, 03/21/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-11. Special Provisions.

  • The requirements of this Article shall run with the land and be binding on successors, owners and tenants so long as the buildings are occupied or the use exists.
    • (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. The owners of a commercial or professional office development which contains more than one parcel of record or which has more than one owner may be required by the approving authority to submit documents to the City Attorney for approval which assure unified control of the development.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. Any person who desires to occupy vacant floor space, or to change the use of floor space shall be required to first obtain a certificate of occupancy from the City. Any person constructing or altering a building in the commercial or professional office zones shall first obtain a building permit from the City for such construction or alteration, and then shall obtain a certificate of occupancy from the City before the building being constructed or altered is occupied.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. A certificate of occupancy shall contain statements that the building or proposed use of a building or land complies with the various ordinances of the City regulating building construction or uses. A record of all certificates shall be kept on file in the City and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. If the City Manager determines that the developer, tenant, manager, owner or any other interested person, firm or corporation has failed to maintain the premises consistent with all applicable zoning, health, safety, and building codes and ordinances, the City shall so notify said persons, firms or corporation by written notice specifying the deficiency complained of, and unless such failure is corrected to the satisfaction of the City within thirty (30) days, such failure or deficiency shall be deemed to constitute a "public nuisance" which may be abated in any lawful manner including but not limited to the manner set forth in CHAPTER 8 of Title 10, Utah Code Annotated 1953, as amended.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. No person shall store junk, partially or completely dismantled vehicles, or salvaged materials in any commercial or professional office zone outside a building or area enclosed with a sight obscuring fence.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. All solid waste storage facilities shall be located at the rear of the main building or within an area enclosed with a sight-obscuring fence or wall. The minimum access width to a solid waste storage facility shall be fifteen feet (15').
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0001, Amended 01/07/1997; Ord. No. O-97-0047, Ren&Amd, 10/21/1997, 22-8-10; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended 06/12/2001)
    1. A caretaker facility is a permitted use in the C2 zone. The caretaker facility shall be an accessory use only, i.e. incidental to and customarily found in conjunction with the principal use, and shall:
      1. Be attached to or located within any structure of the principal use, and be consistent with the architecture and appearance of the main building, and not have a total square footage that exceeds one-thousand (1,000) square feet or ten percent (10%) of the total area of the building square footage on the site, whichever is less.
      2. Only be a minor part of the principal use.
      3. Have a minimum of two (2) parking spaces dedicated for the caretaker facility.
    (Ord. No. O-2011-0015, Enacted 07/12/2011)

    Effective on: 1/1/1901

    22-8-12. Additional Provisions for the PO Zone.

    The following additional standards and regulations shall apply to the PO Zone.

    1. Architectural Styling. All structures shall have exterior elevations designed with a residential architectural styling. The minimum roof pitch shall be eight feet (8') of rise to twelve feet (12') of run. No more than thirty-five percent (35%) of the exterior of each structure shall be composed of glass, windows, and doors.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Floors Above Grade Level. The maximum number of floors above the natural grade shall be two (2). No portion of any structure within one hundred feet (100') of a residential zone shall be more than one (1) floor (the single-floor roofline shall not exceed twenty-four feet [24’]) above the natural grade level.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Exterior Finishing Materials. The exterior finishing materials for walls shall not include steel, T-111, aluminum, or vinyl. Soffits, facias, and other similar architectural features may be finished with painted metal. No asphalt roofing shingles shall be allowed.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Square Footage. Except as provided herein, no structure which is more than one-story above grade shall have any one-floor level exceeding six thousand five hundred (6500) square feet. Structures with only story above grade shall not exceed seven thousand five hundred (7500) square feet. Site plans three (3) acres in size or larger may include single story buildings with footprints up to 10,000 square feet. Site plans five (5) acres in size or larger may include two story buildings above grade with a footprint up to seven thousand five hundred (7500) square feet.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Building Setbacks. The minimum building setback from the back of curb line from 800 North Street shall be thirty-six feet (36') on the south side of 800 North Street and forty feet (40') on the north side of 800 North Street as shown on "Appendix I."
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Parking Setbacks. The minimum parking setback from any public street right of way, except 800 North, shall be ten feet (10'). For developments along 800 North Street, the minimum parking setback from the 800 North Street back of curb line shall be thirty-one feet (31') on the south side and thirty-five feet (35') on the north side as shown on "Appendix I." The minimum parking setback from any adjoining residential lot line shall be ten feet (10').
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Sidewalk Easement. The developer of any site in a PO Zone along 800 North shall dedicate a sidewalk easement ten feet (10') from the 800 North Street back of curb line. The easement shall be six feet (6') in width on the south side of 800 North Street and ten feet (10') in width on the north side of 800 North Street as shown on "Appendix I."
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Vehicular Access. No site shall be designed in such a way as to prevent vehicles from exiting the site in a forward direction. No parking stall shall be designed to allow backing directly on to any public street.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Parkway Design. The developer of any site in a PO Zone along 800 North shall install a landscaping berm and a side walk adjacent to the 800 North right of way as shown on "Appendix I." The developer/owner shall maintain the landscaping strip with acceptable landscaping practices. Landscaped strips shall contain berms and shall have either deciduous trees of Norway Maples, Littleleaf Lindens, or other variety as approved by the Urban Forester of the City of Orem with the trees at least two inches (2") in caliper with the number of trees being at least one tree for every thirty feet (30') of street frontage.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Acceleration/Deceleration Lane. The developer shall dedicate to the City a Acceleration/ Deceleration lane adjacent to and parallel with the street if a shoulder lane does not exist.
    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Access to PO developments. All new site plans in the PO zone on 800 North shall be restricted to one (1) vehicular access from 800 North Street. Except, however, a new site plan in the PO zone shall be allowed two (2) vehicular accesses from 800 North Street if the development has more than four hundred (400) feet of frontage along 800 North Street and that the second access be approved by the Planning Commission in a public hearing. The Planning Commission shall consider the following when determining whether to approve a second access from 800 North for a PO development:
      1. A traffic impact analysis.
      2. The recommendation of the City's Traffic Engineer.
      3. The overall safety of the site.
      4. The proximity of residences that may be impacted by the proposed access location.
      5. The developer's plan to mitigate potential negative traffic impacts.
      6. The necessity of the proposed access locations.

    In no case shall a new site plan in a PO zone have more than two (2) vehicular accesses to 800 North.

    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-00-0028, Amended, 06/13/2000; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-13. Additional Provisions for the C2 Zone on 800 North.

  • All new site plans in the C2 zone on 800 North shall be restricted to one (1) vehicular access from 800 North Street. Except, however, a new site plan in the C2 zone shall be allowed two (2) vehicular accesses from 800 North Street if the development has more than four hundred (400) feet of frontage along 800 North Street and that the second access be approved by the Planning Commission in a public hearing. The Planning Commission shall consider the following when determining whether to approve a second access from 800 North for a C2 development:
    1. A traffic impact analysis.
    2. The recommendation of the City's Traffic Engineer.
    3. The overall safety of the site.
    4. The proximity of residences that may be impacted by the proposed access location.
    5. The developer's plan to mitigate potential negative traffic impacts.
    6. The necessity of the proposed access locations.

    • In no case shall a new site plan in a C2 zone have more than two (2) vehicular accesses to 800 North.

    (Ord. No. O-97-0047, Enacted, 10/21/1997; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-14. Additional Provisions for the C3 Zone.

    The following provisions shall apply exclusively to the C3 zone:

    1. Public Meeting. No C3 site plan or amended site plan may be approved without first holding a public meeting before the final approving body.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Access to C3 developments. All accesses to a C3 development must be approved by the approving body. The approving body shall consider the following when determining the appropriateness of any access to a C3 development:
      1. An independent traffic impact analysis, if required by the Development Review Committee.
      2. The recommendation of the City's Traffic Engineer.
      3. The overall safety of the site.
      4. The proximity of residences that may be impacted by the proposed access location.
      5. The developer's attempts to mitigate potential negative impacts to any residences.
      6. The necessity of the proposed access locations.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Design. The architecture, design theme, and construction materials of the building's front elevation shall be applied to all exterior walls of the building. The rear of a building and any portion of the building that traditionally gets less attention to aesthetics shall be enhanced by the same architecture and design theme as those portions of the building that get high visibility from the public. The following exterior finish materials are acceptable: brick, fluted block, colored textured block, stucco, and glass. Sheet metal, wood, and corrugated metal shall be prohibited except for trim, soffits, facia, mansards and similar architectural features. Other materials may be used if approved by the Planning Commission. In determining whether or not a particular finishing material is acceptable, the Planning Commission shall consider the following factors:
      1. The visibility of the site from neighboring residential uses and adjacent streets.
      2. The degree to which the proposed finishing materials are compatible with the appearance of neighboring residential uses.
      3. The location of the proposed finishing materials on the building.
      4. The degree to which a particular finishing material may be shielded by landscaping or some other feature.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Development Size in the C3 Zone. Each development within the C3 zone shall consist of at least three (3) acres of land. No parcel within a C3 development shall be less than three (3) acres in size, unless conditions (1) and (2), or condition (3) are met:
      1. The parcel smaller than three (3) acres is an integral part of a contiguous C3 development of at least three (3) acres; and
      2. The parcel smaller than three (3) acres is developed simultaneously with or subsequent to a contiguous C3 development of at least three (3) acres; or
      3. The parcel smaller than three (3) acres is a legal nonconforming lot with respect to size.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Loading and Unloading. The hours of loading and unloading for any business that uses building entrances that face an adjacent residential zone shall be restricted to the hours between 7:00 a.m. and 9:00 p.m.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Solid Waste Pick-Up. Solid waste pick-up shall not be between the hours of 9:00 p.m. and 7:00 a.m.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Existing Sites. No expansion of any site plan shall be allowed, unless the expansion complies in all respects with the C3 Zone. All new development shall be in compliance with the C3 standards.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Site Lighting. A site lighting plan shall be required. All site lighting shall be designed to;
      1. Harmonize with the design and architecture of the buildings,
      2. Discourage criminal activity on the site, and
      3. Prevent direct light from exceeding beyond the site's perimeter.

      Shielded lights shall be required if necessary to adequately reduce glare to adjacent residential developments.

    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O 98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Development of Gasoline Service Stations. No gasoline service station shall be located closer than three hundred (300) feet to any adjacent parcel in a residential zone. The distance shall be measured from any building associated with said use to the nearest residential property line.
    (Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-12; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-99-0036, 22-8-14(J) repealed, Amended, 08/24/1999; Ord. No. O-01-0021, Amended, 06/12/2001 )

    Effective on: 1/1/1901

    22-8-15. Additional Provisions for HS Zone

    The HS Zone is designed to promote high quality commercial developments that can take advantage of the zone's close proximity to I-15. The zone is also designed to encourage development that is sensitive to neighboring residential uses and to encourage development that will present a favorable image of the City from I-15. To accomplish these objectives, the following additional standards and regulations shall apply to the HS Zone.

    1. The minimum lot size in the zone shall be one acre. The purposes of this requirement are:
      1. To encourage the development of large, well-planned projects designed to serve the area over a long period of time, as opposed to small, hastily conceived projects that do little to add to the overall appearance or economic vitality of the area.
      2. To discourage the conversion of existing houses into small, piecemeal commercial establishments.
      3. To limit the number of drive accesses onto 1200 West.
      4. To present a favorable image of the City from I-15.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-11; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. All buildings shall be completed on all sides with acceptable finishing materials. The following materials are acceptable: brick, fluted block, colored textured block, glass, synthetic stucco, and wood.  Aluminum composite material panel system, sheet metal and corrugated metal may collectively be used as a finish material for up to, but no more than 20% of the area of any given elevation.  In addition, sheet metal and corrugated metal are permitted for trim, soffits, fascia, mansards and similar architectural features. Standing seam metal (but no other metals) may be used for awnings and awnings shall be counted toward the 20% area limitation for the metals listed above. Finishing materials other than those listed as acceptable above may be used if approved by the Planning Commission. In determining whether or not a particular finishing material is acceptable, the Planning Commission shall consider the following factors :
      1. The visibility of the site from I-15 and neighboring residential uses.
      2. The degree to which the proposed finishing materials are compatible with the appearance of neighboring residential uses.
      3. The location of the proposed finishing materials on the building.
      4. The degree to which a particular finishing material may be shielded by landscaping or some other feature.
      5. Whether the proposed material is of equal or better quality and aesthetic appeal as the other acceptable finishing materials listed herein.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-11; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-98-0026, Amended, 05/26/1998; Ord. No. O-01-0021, Amended, 06/12/2001; Ord. No. O-2017-0006, Amended 03/28/2017)
    1. In addition to the factors set forth in Section 22-4-4, the City Council shall weigh and consider the following factors when determining whether a conditional use permit application for the HS zone should be approved, denied, or approved with conditions:
      1. Whether or not the proposed development presents a favorable image of the City from I-15.
      2. Whether or not the proposed development is appropriate in a zone that is designed to encourage uses that can take advantage of the close proximity of I-15 and 1200 West.
      3. Whether or not the proposed development is designed in a manner that minimizes the potential negative impact on neighboring residential uses.
      4. If the proposed development involves manufacturing, whether or not the project is designed to protect neighboring uses from noise and other pollution, to be compatible with neighboring uses, to be safe, to be attractive, and to minimize negative impacts normally associated with manufacturing uses.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-11; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. All utilities shall be placed underground in this zone.
    (Ord. No. 661, Revised, 04/10/1990; Ord. No. O-97-0047, Renumbered, 10/21/1997, 22-8-11; Ord. No. O-98-0011, Amended, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Youth Rehabilitation. The following conditions and standards apply to uses under SLU Code 1271:
      1. The facility shall conform to all applicable standards and requirements of the Utah State Department of Human Services.
      2. The facility shall conform 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. Any facility located in an existing residential dwelling shall be capable of use as a youth rehabilitation facility without structural or landscaping alterations that would change the structure's residential character.
      4. The facility must comply with the spacing/separation requirements outlined below. All required distances shall be measured in a straight line between the closest property lines of the lots on which they are located.
        1. The facility shall not be located closer than one (1) mile to any other youth rehabilitation facility.
        2. The facility shall not be located closer than 1000 feet to any school.
        3. The facility shall not be located closer than one-half mile to any other group home including a residential facility for disabled persons, an assisted living facility for elderly persons, a residential facility for elderly persons, a youth transitional home, an assisted living facility, or a transitional treatment home.
        4. The facility shall not be located closer than 200 feet to any residential dwelling if the facility admits individuals who have committed any sex-related offense, any act of sexual aggression, any offense involving a weapon, or any offense that resulted in serious bodily injury to another person. For purposes of this section, “sexually aggressive behavior” shall mean behavior that involves sexual activity in which the individual has used aggression, force, coercion, or exploitation of another for the purpose of sexual gratification, power or control. The exploitation or coercion may be due to age, size, position, physical and/or mental capacity, etc. Sexual activity includes penetration, touching, fondling, bumping, or rubbing against another for sexual satisfaction.
      5. The facility shall have a landscaped front yard.
      6. The facility shall have a sight-obscuring fence at least six feet in height enclosing the combined rear yard and side yard to the greatest extent possible without conflicting with the provisions of Orem City Code Section 22-14-19. No chain link fences shall be used in satisfaction of this requirement.
      7. The facility shall be of a size, scale and design such that it is in harmony with other residential uses in the vicinity.
      8. There shall be a maximum of ten (10) youth assigned to the facility at any one time.
      9. At least eight off-street parking stalls shall be provided to serve the needs of residents, visitors, and staff members.
      10. The lot on which the facility is located shall be at least one-half (1/2) acre.
      11. No person over the age of twenty (20) may be a resident in the facility.
      12. No individual whose tenancy the Owner knows or should know through the exercise of reasonable diligence would constitute a direct threat to the health or safety of other individuals or whose tenancy would likely result in substantial physical damage to the property of others shall be allowed as a resident in the facility. The owner or operator of the facility shall conduct an individualized assessment of each person who desires to become a resident of the facility to determine if such person would constitute a direct threat prior to allowing occupancy of the facility by such person. The assessment 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. The individualized assessment shall be performed by a licensed psychologist, social worker or other person qualified to make such a professional assessment. However, in the case of any resident or potential resident who has committed a sex-related offense or an act of sexual aggression, the individualized assessment shall include a psycho-sexual evaluation of such person performed by a duly licensed psychiatrist or an individual holding a PhD in psychology. The owner or operator of the facility shall be responsible to determine whether any resident or potential resident has committed a sex-related offense or an act of sexual aggression.
      13. Prior to the initial occupancy of a youth rehabilitation home and at least quarterly thereafter, the Owner/person or entity licensed or certified by the applicable regulatory state agency shall certify 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.
      14. Upon written request of the City, the Owner shall provide to the City any records that are reasonably necessary for the City to verify compliance with the requirements of this section. The Owner shall be entitled to redact any information that would constitute an unwarranted invasion of the privacy of any resident of the facility.
      15. For purposes of this Section, the term "Owner" shall include any employee, agent, representative, lessee of the Owner or any other person or entity that the Owner has authorized or allowed to operate a youth rehabilitation home or similar facility on the property.
    (Ord. No. O-07-0032, Enacted 06/26/2007)

    Effective on: 1/1/1901

    22-8-16. Commercial Child and Adult Day Care Facilities.

  • Commercial child and commercial adult day care facilities are permitted uses in the C1, C2, and HS zones.
    • (Ord. No. O-98-0015, Enacted, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)
    1. Any person requesting a commercial child or adult day care facility shall comply with the provisions of Section 22-14-20 of this Chapter.
    (Ord. No. O-98-0015, Enacted, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001 )
    1. In addition to the requirements of Section 22-14-20, the site plan shall show:
      1. Off-street loading and unloading areas of children and adults; and
      2. An area for out-of-door activities surrounded by a six foot (6') fence; the materials and type of such fences shall also be indicated.
    (Ord. No. O-98-0015, Enacted, 02/24/1998; Ord. No. O-01-0021, Amended, 06/12/2001)

    Effective on: 1/1/1901

    22-8-17. Additional Provisions for Specific Uses.

    Climate Controlled Storage units are defined as storage units that are offered for sale, lease, or use as a primary purpose of the building in which they are located and at least forty percent of which units are climate controlled with heating and cooling. In addition to the provisions of all other applicable ordinances, the following additional requirements shall apply to climate controlled storage units:

    1. A building housing climate controlled storage units shall have a minimum of two stories with the square footage of the second level equal to at least eighty percent of the first floor.
    2. No garage door or door accessing a unit shall face a public street.
    3. The area of storage units accessed from the exterior of the building shall not exceed twenty percent of the gross leaseable space of the ground floor.
    4. At least forty percent of the units shall be climate controlled with heating and cooling.
    5. The ground floor exterior finish materials shall be split-face block, brick, or other cementations material. The second floor exterior finishing materials shall be split-face block, brick, stucco, textured block, or glass.
    6. The architecture and finishing materials shall be designed, constructed, and maintained to make all storage unit access doors blend in with the adjacent walls to the greatest extent practicable. The color of all exterior storage unit doors shall match the color of the ground floor façade. No storage building façade shall be more than fifty feet in length without a visual break that creates the appearance of a change in material or depth. This shall be achieved through a change in building material, building projection, or relief measuring at least three inches in width and depth or another architectural variation that meets the intent of this sub-part. All exterior storage unit doors shall be recessed a minimum of twelve inches (12”) from the building façade.
    7. No more than two (2) climate-controlled storage buildings may be located in the combined area of the C2 zone and all of the State Street District zones.
    8. All building facades shall have the appearance of an office and/or retail building through the use of doors, windows, awnings, and other appropriate building elements as approved by the Planning Commission.
    (Ord. No. O-2011-0004, Enacted, 02/08/2011; Ord. No. O-2012-0006, Amended 01/24/2012; Ord. No. O-2015-0024, Amended 07/28/2015; Ord. No. O-2020-0026, Amended 9/29/2020)

    Effective on: 4/10/1990