The Purpose and intent of this Zone is to provide for various professional office, private education, and related uses which do not deal in merchandising, retailing, warehousing or manufacturing. Further, it is the intent of this zone to protect and buffer residential neighborhoods from retail commercial encroachment and influence. Uses should serve as a transition between residential zones and other more intensive uses or zones. The guidelines of this Article will serve as design criteria to developers, builders, engineers, architects, landscape architects and other professionals in preparing plans for construction. The City staff, the Planning Commission and the City Council will adhere to these guidelines to review and evaluate future development projects related to Residential-Professional development. There are certain key design elements which contribute significantly to the visual order and consistency of the entire Residential-Professional area. These common features—site planning, architecture, landscape design, parking, signage, lighting and other details—are the subject of this ordinance. The guidelines express the desired character of future development. Each guideline shall be considered in terms of how it applies to a given project. The intent of the guidelines must be met in order for a project to be approved during the plan review process.

1. The purpose of this ordinance is to define a range of goods and services which may be offered by Residential-Professional entities within the community and to establish guidelines for the physical development of such Residential-Professional entities.
   
2. The overall intent of these regulations is to establish a standard for Residential-Professional development and maintenance which:
   
3. Promotes the overall functionality, safety and visual attractiveness of Residential-Professional buildings, accompanying substructures, and surrounding landscape;
   
   1. Promotes the overall functionality, safety and visual attractiveness of Residential-Professional
      
   2. buildings, accompanying substructures, and surrounding landscape;;
      
   3. Promotes development which works in harmony with the open, rural atmosphere of Highland City;
      
   4. Prevents the erection of buildings or substructures with an industrial or pre-fabricated appearance; and,
      
   5. Allows some flexibility of architecture so as to encourage creativity of design.

The only uses allowed within the R-P Zone shall be Conditional Uses which satisfy the primary intent or purpose for the Zone. All such conditional uses are subject to additional conditions considered appropriate and necessary by the conditional use Land Use Authority. Those uses which are incompatible with the desired land use for the R-P Zone are prohibited. Following is a list of conditional uses for the R-P Zone, subject to the standards and procedures established in this Code. 

1. Community Uses
   
2. Financial Institutions
   
3. Medicare Care Facilities
   
4. Professional Offices, including, but not limited to, the following:
   
   1. Architect
      
   2. Certified Public Accountant
      
   3. Doctor, Dentist, Psychologist, Psychiatrist, or Nurse
      
   4. Insurance (not claims adjustment)
      
   5. Lawyer
      
   6. Engineer or Surveyor
      
   7. Physical Therapist
      
5. Single-family Residence compatible with R-1-40 Zoning Regulations
   
6. Other types of stores or services which the Planning Commission and City Council determine to be compatible with the intent of the Zone.
   
7. Accessory structures and uses necessarily and customarily incidental to the above uses and specifically provided for in the Conditional Use Permit. Uses must be compatible with the Zone.
   
8. Private Educational Institutions, Preschools, Day Care. A private educational institution is defined as such: if it is under the financial and managerial control of a private body, firm, association, organization, or corporation, or charitable trust rather than by a public agency; it accepts mostly fee-paying pupils; it has one or more teachers to give instruction; it has an assigned administrator; it has enrolled or prospectively enrolled students; and its educational program meets all of the following criteria:
   
   1. The primary purpose of the program is to provide private or religious based education, provides educational services to a minor child and aims to improve the lives of their students by providing services tailored to very specific needs of individual students; and
      
   2. The program provides at least 850 hours of individual class instruction by subject each school year; and
      
   3. The program provides a sequentially progressive curriculum of fundamental instruction in any/or all of the following subjects: reading, language arts, mathematics, social studies, science and health, the visual arts, or performing arts. This subsection does not require the program to include in its curriculum any concept, topic or practice in conflict with the program’s religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with the program’s religious doctrines.
      
   4. The program is not operated or instituted for the purpose of avoiding or circumventing any compulsory school attendance requirement.
      
   5. The pupils in the institution’s educational program, in the ordinary course of events, return daily to the homes of their parents or guardians and the institution is not licensed as a child welfare agency.
      
9. If a proposed business use has not been expressly identified as a permitted, conditional, or prohibited use, a request to classify the proposed business use as an existing use or a petition to approve the proposed business use may be made in accordance with Chapter 3, Article 1 of this Code.
   

(Amended: 6/17/03) 

1. An area to be zoned R-P shall have the following characteristics:
   1. In order to encourage uses consistent with the objectives of the Residential-Professional district and to ensure adequate site planning, the entire site must be master planned at the time of site plan approval, even though it may be developed in stages or phases. Each phase must adhere to the original plan except as subsequently approved by the site plan Land Use Authority. Site must have a minimum of two-hundred (200) feet of frontage on a dedicated public street. Control of the property by a single person, association, partnership, or corporation must be demonstrated
   2. Although the Residential-Professional district may provide goods and/or services to citizens from surrounding communities, it’s services should be focused primarily for the benefit of the residents of Highland City.
2. Development of property zoned R-P requires the following approvals:
   1. Site plan approval, which includes review and approval of site coverage, building setbacks, screening and fences, parking, loading, and driveway areas, traffic circulation, landscaping and hardscaping, transition and buffering between adjacent uses, lighting, grading, drainage, utility design, and other engineering design elements;
   2. Architectural review approval, which includes review of building height, design, materials, and aesthetics;
   3. Conditional use permit approval, for conditional uses; and
   4. Construction approvals, including building permits, sign permits, and right of way permits.

Coverage regulates the area of the site that may be covered by the building. Covered walkways, roof structure overhangs, and other solar protection or aesthetic structural elements should not be included in building coverage calculations. These guidelines also help protect area dedicated to landscape and parking.

1. Coverage of a site by a building structure shall not exceed twenty-five (25) percent of the total site. This coverage may be increased, subject to the approval of the site plan Land Use Authority, if the project demonstrates superior response to the Residential-Professional zoning guidelines. In no case, however, shall site coverage exceed 35 percent.
   
2. When covered parking structures are provided, such structures shall not cover more than an additional 20 percent of the ground plane.
   
3. In all site plan configurations, landscaping shall occupy no less than thirty-five percent (35%) of the total land area under development.

(Amended 10/17/06) 

It shall be within the authority of the site plan Land Use Authority to determine, for any development in this district, which property line or lines shall be considered as side or as rear lines for the purpose of administering this ordinance.

1. No building shall be closer to a public street right-of-way than eighty (80) feet unless all parking is provided in the rear of the building, in which case it may be no closer than thirty-five (35) feet. No building, with the exception of any portion that contains a drive-up window or counter, shall be closer than thirty (30) feet from any private road or driveway. Structures which are adjacent to a plaza, mall, or other permanent pedestrian open space under the same ownership as the structure may abut the space and have openings into it. The site plan Land Use Authority may reduce the front yard setback to thirty (30) feet if the reduction will increase the rear yard setback between the building and existing residential uses. 
   
2. The public street right-of-way line shall be considered the front property line of a lot. Where a lot is bordered on two or more sides by a public street right-of-way, all such sides shall be considered as front property lines, and the area between the front property line and the building lines shall be known as the front setback area in all cases. Canopies, overhangs, and similar coverings may project into the front setback area, as much as 10', if approved by the architectural review Land Use Authority.
   
3. Side setback areas shall be a minimum of ten (10) feet including canopies and overhangs except where a side property line abuts a residential district, in which case the setback area shall be a minimum of twenty-five (25) feet.
   
4. Rear setback areas shall be a minimum of ten (10) feet except where a rear property line abuts a residential district, in which case the rear setback area shall be a minimum of twenty (20) feet.
   

(Amended: 10/17/06) 

1. The maximum height for all buildings shall not exceed thirty (30) feet, measured from natural grade, and no building shall be erected to a height less than ten (10) feet or one story above grade. Where the ground or the top of the building is uneven in height, the average elevation thereof shall apply. Maximum height shall include signs and parapets or any other projection from the building.
   
2. The height requirements of this section shall apply to all commercial developments, except that the architectural review Land Use Authority may approve, disapprove, or approve with modifications a request for an increase in the allowable height up to thirty-six (36) feet.
   
3. The architectural review Land Use Authority must take into account the following criteria when a proposal for height adjustment is requested:
   
   1. The geographical position of the building and possible visual effects on existing structures on or off site.
      
   2. Potential problems on neighboring sites caused by shadows, loss of solar access, loss or air circulation, closing of views, or ridge line intrusion.
      
   3. The influence on the general vicinity including contact with existing buildings and structures, streets, traffic congestion and circulation, and adjacent open space;
      
   4. In no case will any increase in height be permitted when the effect of the height increase is to increase the allowable square footage over that which is, or would be, possible under normal zone standards.

An opaque screen shall be installed and maintained along all district boundaries, other than streets. Following are acceptable means of providing such screening:

1. Walls. A wall shall consist of stone, brick, tile, or similar type of solid masonry material a minimum of eight (8) inches thick or consist of a decorative double-sided seamless panel concrete wall. All such walls must be landscaped with vegetation.
   
2. Berms. A berm shall be no less than thirty (30) feet in width at the base facing an arterial road and no less than twenty (20) feet in width at the base facing any other street or property. It shall be constructed of earthen material and it shall be landscaped. Grading of berms is further detailed in Section 3-4518 of this Code.
   
3. No signs or sign supports shall be permitted on any required screening.
   
4. Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the boundary line, or within five (5) feet inside the boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements for this district.
   
5. Note. Since walls and hedges are a main visual feature in any development, regulations related to the placement, size and appearance of such structures must be enacted. The following standards shall apply to the installation of all fences, walls, hedges or other visual obstructions used for the purpose of screening, either around the perimeter of the development site or within the development site: 
   
   1. No wall, hedge or other visual obstruction in excess of six (6) feet shall be allowed on any Residential-Professional development site, unless along a district boundary which abuts a residential zone, in which case the height shall be eight (8) feet.
      
   2. When there is a difference in the ground level between two adjoining lots, the height of any fence, wall, or hedge constructed along the property line shall be determined by using the finished grade of the highest contiguous lot.
      
   3. Only one (1) type of fence or wall design shall be permitted on any one (1) parcel or development. The design may include an appropriate mix of materials subject to the guidelines of these articles.
      
   4. The use of chain link, barbed wire, electrified fence, or razor wire fence in conjunction with any fence, wall, or hedge, or by itself is prohibited, unless required by any law or regulation of the State of Utah.
      
   5. On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six (36) inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a traffic safety sight area.
      
   6. To protect safe sight-distance for vehicular movement, sight obstructing fences, or walls or other obstructions shall not exceed thirty-six (36) inches in height when located in a front setback. 
      
   7. If walls are finished in stucco, colors will be limited to earth tones. No bright or neon colors will be allowed. If a wall has been approved that is not a decorative wall, it shall be constructed with a stucco finish in an earthtone color.
      
   8. All walls shall be generally natural in appearance and limited to earth toe colors. No bright or neon colors will be allowed.
      
   9. Any hedges used as screening shall be consistent in appearance to the general landscape of the site. Such hedges may be geometric in shape, but shall be pruned and maintained so as to avoid unsightly appearance and to avoid vehicular sight hazards.

Except as may be provided elsewhere in this ordinance, there shall be provided at the time of erection of any building, or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard-sized automobiles. If any land, structure or use is changed from one use to another which requires more off-street parking spaces, there shall be provided such additional off-street parking for the new use as is required by this chapter.

1. Parking Lot Characteristics. Each parcel of land developed for off-street parking in response to the requirements of this chapter shall provide the following characteristics:
   
   1. Surfacing. Each lot shall have a paved, all-weather surfacing material consisting of a minimum of six (6) inches of road base with three (3) inches of asphalt, or, three (3) inches of road base with six (6) inches concrete paving on all parking areas and service roads. Surfacing shall be maintained in good condition and kept clear and in an unobstructed and usable condition at all times during business hours. Responsibility for maintenance of the lot shall rest with the property owner. The lot shall provide adequate access to a street or alley.
      
   2. Grading. Parking lots shall be graded for proper drainage with surface water diverted in such a way as to keep the parking area free of accumulated water or ice. All surface drainage shall be contained within development site.
      
   3. Lighting. Lots shall be properly illuminated, with luminaries arranged so as to baffle and direct light away from any adjoining residential buildings. Lighting details are specified in Section 3-4516 of this Code.
      
   4. Size of Spaces. Each parking space shall be a minimum of nine (9) feet wide by eighteen (18) feet long. 
      
   5. Handicapped Parking. All structures which are required by the provisions of the Uniform Building Code to have adaptations which assist access by handicapped persons shall, in addition, provide off-street parking for handicapped persons as described below or as required by applicable State or Federal regulations.
      
2. Specific Requirements for Each Land Use. (Amended 10/17/06) Minimum required off-street parking shall be provided for each use as listed below. Requirements calculated on square footage of Residential-Professional space shall be based upon floor area devoted to the principal use or sales and shall not include area devoted to storage, rest rooms, or maintenance areas. Parking for uses not specifically listed below shall be provided in the same ratio as the use most nearly approximating the characteristics of the unlisted use, as determined by the site plan Land Use Authority. Parking shall be provided as follows, with spaces based upon one or a combination of uses listed: 
   
   1. Parking stalls for all uses shall 4.0 per 1,000 square feet.
      
   2. Increase of the minimum may be required by the site plan Land Use Authority if, in their opinion, there is an exceptional need for said increased parking.
      
   3. In cases where less parking is appropriate, the site plan Land Use Authority may approve a reduced requirement based upon actual usage of employees and customers, if the applicant has provided evidence indication that less parking is adequate for the specifically proposed use and only if the applicant has proved evidence and demonstrated that at least seventy-five percent (75%) of the minimum parking requirement (3.0 spaces per 1,000 square feet) may be met without modification to the primary structure.
      
      1. If at some point in the future the land use changes, the properly owner may be required to provide additional parking depending upon the specific parking requirements for that use. 
         
   4. In cases where the category into which a use should be placed is unclear, or a use does not conform to any of the above categories, or the use is allowed under a Conditional Use Permit, the site plan Land Use Authority shall determine the appropriate category or establish a parking ratio.
      
   5. In cases where uses occupying the same structure or within two-hundred and fifty (250) feet of one another on the same lot or adjacent lots under the same ownership are uses where parking demand times do not normally or significantly overlap, shared parking may be permitted by the site plan Land Use Authority. At the time of site plan review for each development increment, a precise parking plan shall be submitted showing all parking spaces, the overall circulation system, an analysis of the parking demand for the specific land uses proposed, and other justification as necessary for requesting reductions in parking space requirements.
      
3. Location of Parking.
   
   1. No on-street parking shall be permitted in a Residential-Professional Zone. No parking shall be permitted in the minimal front, side or rear setback areas except:
      
      1. Where a side or rear setback area abuts a residential zone, parking may be permitted to within ten (10) feet of the district line, if the parking will be necessary only during the normal working hours as approved by the stie plan Land Use Authority.
         
      2. Where parking within the front or side setback areas is adequately separated from public rights-of-way with continuous landscaping at least thirty (30) feet wide, less areas for curb inlets and drive entrances.
         
   2. Required off-street parking shall be provided on the site of the use served, or on an alternate site within the same district. Where parking is provided on other than the site concerned, a recorded document shall be filed with the site plan Land Use Authority and signed by the owners of the alternate site, stipulating to the permanent reservation of use of the site for said parking. The parking setback restrictions set forth above shall also apply to contiguous or alternate parking sites.
      
   3. Parking facilities need not be located in one consolidated area of a particular site, but may be separated by landscaping or building elements.
      
4. Commercial Vehicle Parking.
   
   1. Vehicles that display any form of advertising of a commercial enterprise, including names, phone numbers, logos or associated artwork, are prohibited from parking in street right-of-ways or private parking lots within public view (visible from a public roadway).
      
   2. Parking for commercial vehicles is limited to properly screened loading areas and other approved off-street parking that is properly screened from public view.
      
   3. Commercial vehicles include, but are not limited to, cars, trucks, vans, trailers, fork lifts, and motorized cycles.
      
5. Landscaping of Parking Areas.
   
   1. Where possible, siting parking areas lower than adjacent roadways and continuing streetscape grading, berms, hedges, and other landscape treatment into parking areas is encouraged, with intent to reduce their visual impact and to screen the parking from the adjacent roadway. All parking areas adjacent to roadways shall require a landscaped berm of width and height specified in Section 3-4508 of this ordinance.
      
   2. Planter "islands" between parking bays shall measure six (6) feet from the outside edge of the curb, or five (5) feet inside dimension, to provide adequate space for tree trunks, hedges or parking lot light supports and to allow for proper maintenance.
      
   3. Vehicles shall be prevented from overhanging into landscaped areas through extended curbs or the use of concrete wheel stops.
      
6. Other Considerations.
   
   1. Circulation within the parking areas shall provide for free flow of vehicular traffic. The on-site parking and traffic circulation plan shall be a part of the traffic impact analysis required as a part of the preliminary site plan review required by Section 3-4528 of this Code.
      
   2. Bicycle parking areas with suitable racks shall be provided in convenient locations. 
      

(Amended: 10/27/06) 

The following articles apply to the loading and/or unloading of materials in a Residential-Professional development:

1. All loading and unloading operations shall be performed on the site. Off-street berths shall be provided in addition to required off-street parking and shall not be located within driveways. 
   
2. Each loading berth shall not be less than twelve (12) feet wide, twenty-five (25) feet long and if enclosed and/or covered, fourteen (14) feet high. Adequate turning and maneuvering space to be provided within the lot lines.
   
3. Such loading areas should be located away from the public street to which the use is oriented. 
   
4. To the greatest extent possible, loading areas should be screened from all public streets. This shall be accomplished through careful site planning, and the use of screen walls and landscaping. 
   
5. In no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a street.
   
6. Loading berths shall be required as follows:
   
   1. Residential-Professional and service uses with over fifteen thousand (15,000) square feet floor area to be determined by the site plan Land Use Authority, but in no case less than two (2) loading berths.
      
   2. The hours of loading and unloading, including trash removal, 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 10:00 p.m.

1. Unobstructed and direct driveways of sufficient width to safely accommodate projected 20 year turning volumes as determined by the Traffic Impact Analysis required by Section 3-4528 shall be provided. Loading driveways may coincide with driveways to parking facilities.
   
2. In establishing permissible curb openings and sidewalk driveway crossings for access to private property, they shall not be authorized where they are unnecessary or where they would reasonably interfere with the movement of vehicular traffic, with public improvements, or with the rights of the public in the adjacent street or alley, and in no case shall any curb opening be of greater length than necessary for reasonable access to the property to be served thereby. In determining the length of curb openings and spacing of driveways, the end transitions in each case will be considered a part of the length of the curb opening.
   
3. Unless otherwise specified by this ordinance, design and location of access drives shall comply with "Guidelines for Driveway Location and Design", a Recommended Practice of the Institute of Transportation Engineers, 1987, or as revised.
   
4. The following standards shall apply in determining the size of curb openings and location of driveways:
   
   1. Access shall be by not more than one (1) driveway opening for each two-hundred (200) feet or fraction thereof of frontage on any street.
      
   2. Driveway openings shall be offset a minimum of 350 feet from the centerline of major arterials at intersections, but in no case shall be located within the operational area of the intersection (which includes turning lanes with associated tapers) as defined in the "Guidelines" referred to above.
      
      1. Where a major arterial intersects with a local residential road a restricted access such as a right-in/right-out may be approved by the site plan Land Use Authority only if the centerline of the driveway openings is offset a minimum of one-hundred eighty feet (180’) from the centerline of a that intersection.
         
   3. Driveways shall be positioned as far away as possible from major intersections and shall be located directly across from other driveways if possible.
      
   4. In order to minimize the number of access points from adjacent streets curb cuts, driveway openings and driveways shall be shared at property lines between parcels whenever possible.
      
   5. Driveway design shall incorporate reservoir space or "throat area" at entrances to provide sufficient queue storage for exiting vehicles and adequate deceleration distance for entering vehicles, as well as separating conflict points on site.
      
   6. Where the construction of more than one curb opening is required, a concrete safety curb between driveway openings, along and inside the property line, shall be provided when the property located between two driveways is used for the purpose of movement, storage, or parking vehicles.
      
   7. No driveway opening will be approved which results in vehicles encroaching on any portion of the street right-of-way for loading, standing, or unloading.
      
   8. Driveway openings must serve only legal off-street parking spaces or loading zones.
      
   9. Curb openings shall be entirely within the extension of the side property lines extended perpendicular to the street center line.
      
   10. Driveway openings and driveways shall be paved and shall provide for adequate storm drainage.
       
   11. Curb returns for driveway approaches shall be of the radius type and be provided with wheelchair ramps and shall meet all applicable State and Federal regulations pertaining to access for the handicapped.
       
   12. Any unused or abandoned driveway openings or portion thereof shall be restored to the original curb section at the expense of the abutting property owner. Upon refusal or neglect of the owner or agent to restore the curb and gutter to their original section, the City shall proceed to do such work, and all expenditures so incurred shall be charged against the owner or agent.
       
   13. Improvements within the public right-of-way shall be designed and constructed in conformance with the applicable specifications. All driveway geometries shall be selected to provide for passage of the AASHTO design vehicle deemed to be appropriate to the development. As a minimum this shall be an AASHTO single unit truck.
       
   14. No object shall be so situated as to interfere with the required sight distance at intersections, on or off site, including driveway openings, and intersecting driveways, as set forth in the AASHTO "Policy on Geometric Design of Highways and Streets," latest edition, hereinafter referred to as the AASHTO Policy on Geometric Design.
       
   15. Circulation roadways shall also conform to the requirements of the Uniform Fire Code with regard to providing emergency vehicle access.
       
   16. Where Residential-Professional developments abut State Highway access permits must be required to regulations adopted by the State of Utah.

The following guidelines for landscaping shall apply to all developments within the Residential-Professional district:

1. Landscaping shall enhance the overall visual appearance of the development.
   
2. A fully comprehensive landscaping plan shall include, but not be limited to:
   
   1. List of plants
      
   2. Size
      
   3. Location
      
   4. Irrigation plan
      
   5. Hardscape
      
3. Minimum caliper for all trees shall be 2" and minimum shrub size shall be one gallon.
   
   1. A minimum of one tree shall be planted every twenty (20) feet along a residential property line; and
      
   2. A minimum of fifty percent (50%) of all trees planted along residential property lines shall be evergreen.
      
4. The City may require that landscaping plans be prepared by a licensed landscape architect.
   
5. When inorganic ground cover is used it shall be moderately used, in combination with a majority of live plants, trees, shrubs, and groundcover.
   
6. All landscaping shall have an automatic irrigation system.
   
7. Installation. All required landscaping shall be properly installed, irrigated, and maintained prior to occupancy of the building.
   
8. Maintenance. Maintenance of approved landscaping shall consist of regular watering, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.
9. Front Setback Areas. Landscaping in these areas shall include the parkway detail and consist of an effective combination of street trees, trees, ground cover, and shrubbery. The Parkway detail shall be at least twenty (20) feet wide (twenty-nine from the curb with nine (9) feet in the right-of-way) continuously along all major public rights-of-way less area for drive entrances per City specifications.
   
10. Other Setback Areas. The entire area between the side and rear property lines and a point ten (10) feet in back thereof will be landscaped, except for any access driveway in said area.
    
11. At Intersections. Landscaping along all streets and boundaries shall be limited to a height of not more than three (3) feet within the area required for minimum sight distance as specified in the AASHTO Policy on Geometric Design for the following intersections.
    
    1. A vehicular trafficway or driveway and a street;
       
    2. A vehicular trafficway or driveway and a sidewalk;
       
    3. Two or more vehicular traffic ways, driveways, or streets.
       
12. Other Non-Parking Areas. All unpaved areas not utilized for parking and storage shall be landscaped utilizing ground cover shrub and tree materials, and/or dry landscaped materials.
    
13. Parking Areas. Landscaping shall be separated from the parking area by a curb at least six (6) inches higher than the parking area.
    
14. Total Landscaping. In all cases of Residential-Professional development, landscaping shall occupy no less than thirty-five percent (35%) of the total land area under development (Amended: 10/17/06).

(Amended: 10/17/06) 

1. Hardscape should be used in coordination with architecture and landscaping to provide a link between the street edge and individual developments. Attention to Hardscape details can create visual unity by relating different developments to a unifying theme. In addition, proper hardscaping can improve pedestrian safety and movement, and the visual enjoyment of public areas.
   
2. Hardscape can include such items as benches, sculptures, water fountains, enriched paving treatments, cobblestone walkways, etc. A detailed plan of Hardscape design shall accompany landscape plans and shall be reviewed by the site plan Land Use Authority to determine continuity with overall development plan and harmony with the development of surrounding properties.

1. The following articles shall relate to the screening and location of storage and refuse collection areas:
   
   1. All outdoor storage including vehicle storage shall be visually screened from access streets, freeways, and adjacent property. Said screening shall form a complete opaque screen (6) feet in vertical height.
      
   2. No storage shall be permitted between a frontage street and the building line. Furthermore, no outdoor storage shall be located within one hundred (100) feet of any residential use.
      
   3. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen. Property owner(s) and/or manager(s) in a Residential-Professional District shall be responsible for the abatement, clean-up and removal of all garbage or refuse thrown, placed, or blown on surrounding property or streets public rights-of-way. Every effort shall be made by said owner and/or manager to avoid the spread of such refuse or garbage to the surrounding area.
      
   4. No refuse collection areas shall be permitted between a frontage street and the building line. No refuse collection area shall be located within one hundred (100) feet of any residential use.
      
   5. Professionally contracted trash and refuse removal operations shall occur between the hours of 7:00 a.m. and 6:00 p.m.
      
2. Storage.
   
   1. All substructures erected for the purpose of screening storage areas shall be accomplished with materials and architecture which are compatible with that of the primary building structure.
      
   2. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents, or building materials.
      
   3. Building materials for use in the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.
      
3. Refuse.
   
   1. Every parcel with a building or structure shall have a trash receptacle (dumpster or garbage can) on the premises with a size and location as approved by the site plan Land Use Authority and the proposed location and design shall not cause the parcel to become non-compliant in any other requirement of the RP Zone. In all cases the applicant shall indicate a “future dumpster and dumpster enclosure location” on a submitted site plan, if a change in land use occurs in the future. The trash receptacle shall be of sufficient size to accommodate the trash generated. 
      
   2. The refuse collection area shall be located upon the lot so as to provide clear and convenient access to refuse collection vehicles.
      
   3. The receptacle shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures.
   4. Freestanding refuse containers in retail or public areas which are intended for public use shall be constructed of cast concrete, ceramic or wrought iron, with an inset for a trash can and shall be constructed so as not to allow dispersal of the container or trash by the strong winds common to the area. The containers shall be natural in color and/or of a design commensurate with surrounding architectural themes.

The following articles shall relate to guidelines for exterior lighting of any Residential-Professional development. These articles relate to parking lighting, sign lighting, architectural lighting, safety lighting, and landscape lighting.

1. Lighting shall be stationary. No lighting shall blink, flash, or be of unusually high intensity or brightness. 
   
2. Lighting shall be directed down and away from all adjacent properties and public streets and rights-of-way. 
   
3. Lighting shall be shielded or recessed so that direct glare, reflections and light pollution is reasonably contained within the boundaries of the parcel. 
   
4. Parking light standards shall not exceed 15 feet in height.
   
5. Street lighting and parking lot lighting contribute to the safety and security of each development, improving night visibility. Unique lighting fixtures may provide easy identification of entrance and exit ways for motorists. Such lighting shall be encouraged, however, lighting potentially visible from adjacent properties shall be subdued and shall not interfere with vehicular traffic.
   
6. Use of mercury vapor or exposed fluorescent lights is discouraged. Energy efficient warm, white lighting, such as high pressure sodium or quartz halogen, is encouraged.
   
7. Automatic timers on lighting shall be encouraged. Well designed systems can maximize personal safety during nighttime use while saving energy.
   
8. Lighting may be used to enhance landscaping and reinforce architecture, with dramatic up lighting or wall shadow effects with plant materials encouraged.
   
9. Parking lot light fixtures shall be consistent in styling with the design theme proposed for that development.
   
10. Service area lighting shall be contained within service yard boundaries, with light sources concealed.
    
11. Lighting shall not cast any glare onto adjacent lots and streets in such a manner as to decrease the safety of pedestrian and vehicular movement.
    
12. Building illumination and architectural lighting shall be creative and must reinforce the design theme. Indirect wall lighting or "wall washing," overhead down lighting, or interior illumination which spills outside is encouraged.
    
13. Architectural lighting is encouraged to articulate the particular building design. Rim lighting of eaves, bending, up lighting, and other effects shall be used in harmony with design theme.
    
14. Architectural lighting shall be integrated with building elements and concealed flush with grade wherever possible so that it is not visually apparent during the daytime.

The following list represents the only projections/construction that shall be permitted within the required setback areas:

1. Front Setback. Roof overhangs
   
2. Rear/Side Setbacks. Roof overhangs, and any projection/substructure which is determined by the architectural review Land Use Authority to substantially contribute to public safety.
   

The following guidelines shall apply to grading of Residential-Professional Zoned properties:

1. Grading shall conform to natural topography as much as possible and result in a harmonious transition of the man-made grades with the natural terrain.
   
2. Man-made land forms shall be graded to avoid unnatural sharp or straight edges and planes. The top and toe of graded slopes shall be rounded to avoid a harsh machine-made appearance.
   
3. Parking lots shall be graded for proper drainage with surface water diverted in such a way as to keep the parking area free of accumulated water, snow, or ice. All surface drainage shall be contained within development site and approved by City Engineer.
   
4. Parking lots shall have minimum and maximum percent grades as set forth by the City Engineer.
   
5. Berms are to be graded in gentle, undulating naturalistic forms. No straight, steep or erodible slopes are permitted. Provisions are to be made for drainage around or through berms as necessary. Generally, a berm height of thirty-six (36) inches from top of adjacent curb is the maximum desired.

The following articles shall relate to the installment, location and screening of utilities and other exterior equipment:

1. All utilities, including drainage systems, sewer, gas and water lines, electrical, telephone and communications wires, and related equipment, irrigation ditches and/or pipes, shall, where possible, be installed and maintained underground.
   
2. No mechanical equipment (including, but not limited to, components of plumbing, processing, heating, cooling, and ventilating systems) shall be visible on site or from adjacent property.
   
3. No exterior components of such mechanical equipment (e.g. piping, stacks and duct work, fans and compressors) shall be mounted on any building wall unless they are an integrated architectural design feature. Any such components shall only be permitted with the approval of the architectural review Land Use Authority.
   
4. Roof mounted mechanical equipment shall be hidden from view by building parapets of equal height.
   
5. If building parapets do not provide adequate screening of mechanical equipment from the upper floors, screening shall be installed as an integral part of the overall architectural design, and painted such a color as to allow its blending with its visual background.
   
6. Equipment and mechanical devised shall not be located in any required setback area or side yard except for electrical or telephone equipment installed by the utilities. Screening shall be provided so that equipment located in the area is screened from view from all adjacent streets and properties. Such screening shall be accomplished with materials and designs that are compatible with the architectural character of the building.
   
7. Electric transformers, utility pads, cable TV and telephone boxes shall be located out of public rights-of-way and underground or screened with walls, fences or vegetation or otherwise enclosed in a manner harmonious with the overall architectural theme.
   
8. Each licensed business will provide public rest rooms of sufficient size to service potential customers including men and women. The rest rooms shall be designed in accordance with the UBC to accommodate handicapped persons.

The following articles shall apply to roof structure and design in any Residential-Professional development:

1. The following roofing materials are prohibited, either because of their appearance, or because they are not likely to perform satisfactorily in the climate of Highland City:
   
   1. Untreated aluminum or metal (except that copper may be used)
      
   2. Reflective materials
      
   3. Brightly colored roofing materials such as bright red, blue, yellow, neon colors, or similar colors that are highly visible
      
2. The following roof shapes are prohibited in Highland city, either because of their appearance, or because of their poor performance:
   
   1. Gambrel roofs
      
   2. Curvilinear roofs
      
   3. Domed roofs
      
   4. Geodesic domes
      
   5. Conical roofs
      
   6. A-frame or modified A-frame roofs
      
3. Skylights and solar panels must be designed to fit flush with the roof surface, or up to a maximum of two feet above the roof's surface. No reflective materials may be used unless thoroughly shielded to prevent reflection into nearby properties.

1. Property in a Residential-Professional Zone shall not be used in such a manner as to create a nuisance to adjacent sites, such as, but not limited to, vibration, sound, electromechanical disturbance and radiation, electromagnetic disturbance, air or water pollution, dust emission of odorous, toxic, or noxious matter, or placement, dumping or blowing refuse, paper or other garbage.
   
2. Noise Attenuation. All Residential-Professional areas within Highland City shall be subject to the noise limitations established in Municipal Code Section 8.16.100 Nuisance of Noise and Light.
   

Any person constructing or altering a building in the Residential-Professional zones shall first obtain a building permit from the City for such construction or alteration according to the applicable building codes, and then shall obtain a certificate of occupancy from the City before the building being constructed or altered is occupied.

1. If a permitted/conditional land use changes to another permitted/conditional land use that is equivalent in use or impact to a previously approved land use for that location as determined by the City Administrator, the new owner/tenant may occupy that space as provided for in 3-4522 and operate without first obtaining a new Conditional Use Permit.
   
2. If a permitted/conditional land use changes to another permitted/conditional land use that is not equivalent in use or impact to a previously approved land use for that location as determined by the City Administrator, the new owner/tenant shall first obtain a new Conditional Use Permit according to Chapter 4, Conditional Uses in this Code prior to submitting for a building permit to alter that space.

Prior to the issuance of building permits for any use, the architectural review Land Use Authority shall review the proposed development plans to assure compliance with the architectural design guidelines provided in this and other sections of Article 4.5 of Highland City's R-P Zone. 

1. Overall Architectural Outline.
   
   1. The proposed development shall be of a quality and character which is consistent with the community design goals and policies including but not limited to: scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves and the preservation of privacy.
      
   2. The design shall improve community appearance by avoiding excessive variety and monotonous repetition.
      
   3. Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.
      
   4. Lighting shall be stationary and deflected away from all adjacent properties and public streets and rights-of-way.
      
   5. Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view.
      
   6. With the intent of protecting sensitive land uses, any proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses.
      
   7. All building elevations shall be architecturally treated.
      
   8. Parking structures shall be architecturally compatible with the primary structure.
      
   9. Both sides of all perimeter walls or fences shall be architecturally treated.
      
   10. Each licensed business will provide public rest rooms of sufficient size to service potential customers including men and women. The rest rooms shall be designed in accordance with the UBC to accommodate handicapped persons.
       
2. Architectural Guidelines. The following architectural design guidelines apply to all uses:
   
   1. The following architectural styles and motifs are prohibited in Highland City:
      
      1. A-frame structures
         
      2. Geodesic dome structures
         
      3. Mediterranean motifs
         
      4. Tudor or mock Tudor (half timbering)
         
      5. Highly ornate Victorian
         
      6. Rustic frontier
         
      7. Pre-fabricated or industrial
         
   2. Note. Aluminum siding is generally not considered a material of choice. The architectural review Land Use Authority may, however, consider requests for the use of aluminum siding. The applicant will be required to bring a sample of the type and color of siding to be approved. When aluminum siding is approved, it shall have a minimum thickness of .019 inches and shall be backed or insulated with a minimum of 3/8 inch fiberboard or polystyrene foam. The siding materials listed below are prohibited in any Residential-Professional building in Highland City:
      1. Shake shingles
         
      2. Ceramic tile
         
      3. Weeping mortar
         
      4. Plastic or vinyl siding
         
      5. Used brick
         
      6. Lava rock
         
      7. Asphalt or hardboard siding
         
      8. Plywood siding
         
      9. Stucco walls divided by wood dividers
         
      10. Metal grills and/or facades
          
      11. Non-colored-anodized and/or unpainted aluminum, except for flagpoles.
          
   3. Architectural design in Highland City has primarily been simple. Highly ornate buildings are inconsistent with the architecture of the community and shall be prohibited.
      
   4. Different exterior siding materials add interest to a building, and to the community as a whole, however, the use of too many exterior materials, like excessive ornamentation, detracts from the values of adjoining properties. Exterior walls of any building may be sided with up to three different materials per building, but no more than three materials may appear on any one wall, including ornamental siding. Trim shall not be counted as a siding material. If trim covers more than 10% of a side of the building, it shall be counted as a siding material on that side.
      
   5. Colors shall be limited to soft shades and/or earth tones. No bright or neon colors shall be allowed on exterior of buildings.
      

(Amended: 8/6/04) 

All uses proposed for development under this Article shall be subject to site plan review. There shall be submitted to the Zoning Administrator a plan for the use and development of each tract for the purposes of and meeting the requirements set forth in this ordinance. Said plan shall be accompanied by information concerning the number of persons to be employed, the effects on surrounding property, and other physical conditions, including the effect of the project on adjacent streets and shall include the following:

1. A site plan showing lot lines and defining the area to be occupied by buildings, the areas and configurations to be used for parking, the location of roads, driveways, signs, and walks, the spaces for loading, and the character and extent of landscaping, planting and other treatment for adjustment to surrounding property.
   
2. Enough information on land areas adjacent to the proposed development to indicate adjacent land uses, zoning classifications, circulation systems, public facilities, and unique natural features of the landscape.
   
3. Elevations and/or architectural renderings of buildings' facades facing public rights- of-way and district boundaries where the premises abut areas zoned for residential uses, said elevations or renders being sufficiently complete to show building heights and roof lines, the location and height of any walls, signs, and light standards, openings in the facade, and the general architectural character of the building.
   
4. Any additional information as required by the Reviewing Body, Recommending Body, or Land Use Authority to evaluate the character and impact of the proposed development.
   
5. Additional requirements associated with a Conditional Use Permit application, see General Provision Section.
   

The site plan Recommending Body shall review the site plan and make a recommendation to the site plan Land Use Authority. The site plan then will be reviewed by the site plan Land Use Authority.

1. Findings necessary to granting approval for the site plan are:
   
   1. The proposed use and development of land conforms to the provisions of this ordinance.
      
   2. The development is otherwise not detrimental to the public health, safety, general welfare, or to adjacent property, or to the orderly development of the City.
      
   3. Approval of a traffic impact analysis (TIA) for the proposed development, to be completed by a competent transportation engineer at the developer's expense. Said TIA shall, as a minimum, address the suitability of the proposed parking, street access, driveway, and on-site traffic circulation systems and the impact on the adjacent street system.
      
   4. Demonstration that adverse impacts on neighboring residential properties have been reasonably mitigated.
      

Any appeals from any final decision of the site plan Land Use Authority shall be heard by the site plan Appeal Body.

(Amended: 4/21/98)

The following articles shall apply to all Residential-Professional developments within Highland City.

1. Site Improvements.
   
   1. Guarantee. To guarantee the construction, repair and/or replacement of required public improvements, the permittee shall post a bond in the form of a cash deposit per Chapter 6, Guarantee of Performance, in this Code.
      

(Amended 5/20/08)