The Purpose and intent of this Zone is to provide locations and opportunities for Senior Care Assisted Living Overlay (SCALO) Zone and related uses which do not deal in merchandising, retailing, warehousing or manufacturing and has business hours which are in harmony with contiguous zones. Further, it is the intent of this zone to protect and buffer existing residential neighborhoods while providing a necessary service for a increasing demographic in Highland consistent with the City’s General Plan. 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 Senior Care Assisted Living Overlay 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. All of the above must be consistent with the Site Plan attached hereto as Exhibit “A”, the Landscape Plan attached hereto as Exhibit “B”, and the Architectural Details, attached hereto as Exhibit “C”.

1. The overall intent of these regulations is to establish a standard for Senior Care Assisted Living Overlay development and maintenance which:
   1. Promotes the overall functionality, safety and visual attractiveness of Senior Care Assisted Living Overlay buildings, accompanying substructures, and surrounding landscape;
   2. Promotes architecture with a residential flavor;
   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. Promotes a development which uses site plan and landscaping techniques to limit aesthetic and other impacts and blends with surrounding uses.

The definitions listed herein shall define those uses or activities associated with Senior Care Living facilities as identified within this specific ordinance.

1. Activities of Daily Living ("ADL"). Means those personal functional activities required for an individual for continued well-being; including
   
   1. Bathing,
      
   2. Behavior Management,
      
   3. Dressing,
      
   4. Eating/Nutrition,
      
   5. Mobility,
      
   6. Toileting,
      
   7. Transferring.
      
2. Assisted Living Facility. A Type 1 Assisted Living Facility, which is a residential facility subject to licensure by the Utah Department of Health, that provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person; or a Type 2 Assisted Living Facility, which is a residential facility subject to licensure by the Utah Department of Health, that provides an array of coordinated supportive personal and health care services to residents who meet the definition of semi-independent.
   
   1. An Assisted Living Facility, Nursing Care Facility, or Congregate Living Facility shall NOT include: 
      
      1. A Residential Treatment/Support Assisted Living Facility as defined by the State of Utah; or
         
      2. A facility for persons being treated for alcoholism or drug abuse or who is violent; or
         
      3. A facility where residency is NOT strictly voluntary or part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
         
3. Congregate Living Facility. A non-institutional, independent group living environment that integrates shelter and service needs of functionally impaired and/or socially isolated elders who do not need institutional supervision and/or intensive health care.
   
4. Elderly or Older. Age definition that meets the Federal Fair Housing Act definition of housing for older persons including housing where the dwelling is specifically designed for and occupied by elderly persons under a Federal, State or local government program, or it is occupied solely by persons who are 62 or older, or it houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.
   
5. Semi-independent. Means a person who is: physically disabled but able to direct his or her own care; or cognitively impaired or physically disabled but able to evacuate from the facility with the physical assistance of one person.
   
6. Skilled nursing facility. Is defined as an health care facility or institution (or a distinct part of an institution) other than a hospital licensed by the State of Utah which is primarily engaged in providing licensed skilled nursing care and related services for residents who require medical or nursing care, nursing care and related services to residents who need continuous health care and supervision, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons, and is not primarily for the care and treatment of mental diseases; has in effect a transfer agreement with one or more hospitals having agreements; and meets the requirements for a skilled nursing facility. 
   
   1. Long-Term Nursing facilities offer the highest intensity level of long term care and are characterized primarily by the need for 24-hour nursing care. 
      
   2. Short-Term Nursing Facilities are generally hospitals which services are normally defined as short term care (under 30 days).
      
   3. Dwelling Unit. The living space occupied by one person, including bathroom facilities, which shall not be less than 1,000 square feet per resident.

1. The only uses allowed within the Senior Care Assisted Living Overlay Zone in addition to those uses defined within underlying zone by this Code shall be Conditional Uses which satisfy the primary intent or purpose for the overlay 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 Senior Care Assisted Living Overlay Zone are prohibited.
   
2. All uses within the Assisted Living and Nursing Care Facilities shall be conducted within a building which conforms to the requirements of this Zone. 
   
3. The Conditional Use Permit is non-transferable and shall terminate if:
   
   1. The facility is devoted to a use other than that permitted by this ordinance; and
      
   2. The license or certification issued has been terminated or revoked; or
      
   3. The facility fails to comply with the conditions of approval or requirements of this ordinance.
      
4. Following is a list of conditional uses for the Senior Care Assisted Living Overlay Zone, subject to the standards and procedures established in Chapter 4 Conditional Uses within this Code. 
   
   1. Assisted Living Facility
      
   2. Nursing Care Facility
      
5. The conditional use Land Use Authority may recommend/require additional reasonable conditions to assist in mitigating reasonably anticipated detrimental effects of a proposed use which may include the following: 
   
   1. Additional or altered landscaping, Parkway Detail, larger trees adjacent to existing residential uses, or similar; and
      
   2. Architectural amendments or additions in materials, colors, features, styles, design, or similar; and
      
   3. Additional setbacks; and 
      
   4. Amended or reduced lighting; and
      
   5. Amended or reduced parking and traffic circulation plans; and
      
   6. Amended or restricted/reduced visiting hours; and
      
   7. Amended or restricted/reduced hours of operation/maintenance.

In the Senior Care Assisted Living Overlay Zone, any use not expressly listed as a conditional use shall be deemed prohibited. Determination of Use — Whenever a use has not specifically been identified in the foregoing classification, it shall be deemed prohibited. In addition, the following uses or conditions shall be prohibited:

1. A person who is being treated for alcoholism or drug abuse or who is violent shall not be placed in an Assisted Living, Nursing Care Facility or Congregate Living Facility within the SCALO Zone; and
   
2. A person who has not strictly volunteered to be placed within an Assisted Living, Nursing Care Facility or Congregate Living Facility within the SCALO Zone and who is not part of or in placed in lieu of confinement, rehabilitation, or treatment in a correctional facility.
   

1. A development within the SCALO Zone shall demonstrate project conformance commonly identified as Assisted Living Facilities and Nursing Facilities consistent with state laws and statutes and per Chapter 9 Senior Housing Element of the Highland City General Plan which meets the needs of the final two (2) stages in the life cycle of an aging person. An area to be zoned Senior Care Assisted Living Overlay shall be recommended by the Recommending Body and approved by the Land Use Authority pursuant to the City's legislative authority and discretion, and shall have the following characteristics:
   1. In order to encourage uses consistent with the objectives of the Senior Care Assisted Living Overlay 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 site plan Land Uses Authority. The project site, excluding dedicated roads and improvements, must have a minimum of one (1) acre and one hundred eighty (180) 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 Senior Care Assisted Living Overlay district may provide services to citizens from surrounding communities, i.e., Alpine, Cedar Hills, American Fork, etc., it shall cater primarily to the citizens of Highland City.
   3. Development site shall only be located along a five (5) lane major arterial (State Highway) with sufficient ingress/egress and access for emergency service vehicles. 
   4. Shall be designed in such a manner to significantly minimize aesthetic, noise, smell, lighting and operational impacts to existing adjacent residential properties.
   5. Conditions Covenants and Restrictions shall be provided by the Developer establishing CC&R’s that assure the uses approved for the development will be operated and maintained according to those uses defined within this ordinance.
   6. Prior to occupancy of an Assisted Living or Nursing Care Facility the person or entity licensed or certified by the Utah Department of Health or Utah Department of Human Services to establish and operate the facility shall: 
      
      1. Provide a copy of such license or certification to the City; and
         
      2. Certify in a sworn affidavit to the City that no person will reside or remain in the facility whose tendency would likely: 
         
         1. Constitute a direct threat to the health and safety of other individuals within the facility or adjacent to the facility, or
            
         2. Result in substantial physical damage to the property of others.
   7. Occupancy of each unit shall be limited to individuals who qualify as elderly persons provided that occupancy by individuals who do not qualify as an elderly person may be permitted where the non-qualified person is the spouse of a qualified elderly resident.
      
      1. A non-qualified person may also reside if the licensed physician or business operator provides evidence to the effect that the non-qualified person is required in order to provide essential assistance to the resident elderly person. 
   8. An Assisted Living or Nursing Care Facilities may not be located within three quarters (3/4) of a mile of another facility allowed by this ordinance.
   9. General Amenities for Assisted Living or Nursing Care Facilities. The following amenities are required for all developments under this section, including all multi-unit developments and similar developments intended for assisted living or nursing care facilities.
      
      1. Amenities. Parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics, and lighting shall be designed as integrated portions of the total planned development and shall project a residential character.
         
      2. Building Spaces. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, landscaping, and sound-reducing construction techniques shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.
         
      3. Elevators. All two-story or greater multi-unit buildings shall include at least one elevator per building.
         
      4. Common Areas. All projects shall provide accessible common areas. For multi-unit enclosed projects, the common areas shall also exist within the building. Such indoor common areas and accents may include a meeting area, laundry facilities, large furnished lobby, art work within the hallways, library, reading room, game room, or exercise room. Exterior common areas may include a walking path, garden area, outdoor sitting area, and an outdoor eating area. Additional amenities may include an indoor/outdoor swimming pool, pharmacy, beauty salon, ancillary interior convenience store for residents only, nursing station, classrooms, and patios.
         
         1. In all cases the common areas shall be sufficiently screened by landscaping and/or fencing to mitigate noise and visual impact to any adjacent residential structure.
            
      5. Transportation. All institutional care facilities shall provide transportation options for its residents. Such transportation may include van service operated by the facility or contracted out to a multi-facility provider. Such facilities are encouraged to be located near mass transit lines (bus or rail) to provide alternative travel options for its residents. Such facilities shall provide connections to public sidewalks, trail systems, and other compatible land uses.
         
      6. 24-Hour On-Site Facilities Manager. All institutional care facilities shall provide at least one on-site facilities manager 24 hours per day, seven days per week. The position may either be a live-in manager or regular employee staffing.
2. Development of property within the SCALO zone 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 (excluding a porte-cochere, or carriage porch) should not be included in building coverage calculations. These guidelines also help protect area dedicated to landscape and parking. Site Coverage shall conform with Exhibit “B”.

1. Coverage of a site by a building structure shall not exceed thirty-five percent (35%) of the total site.
   
2. In all site plan configurations, landscaping and/or natural open space shall occupy no less than thirty-five percent (35%) of the total land area under development. All landscaping plans and open space designations must be approved by the site plan Land Use Authority.
   

(Ord#: 2012-13; 9/04/12)

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 fifty (50) feet with all parking provided in the rear of the building unless the property is bordered by existing residential property along the rear property line in which case all parking shall be provided in the front setback with screening provided from the right-of-way by the Parkway Detail. No building projection with the exception of a porte-cochere shall extend into the setback area. A porte-cochere may extend into the front yard setback and shall not be any closer than thirty (30) feet from the front property line. 
   
   1. 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. 
      
2. Side yard setback areas shall be a minimum of ten (10) feet except where a side property line abuts an existing residential dwelling, in which case the building setback shall be a minimum of thirty (30) feet for single story buildings and fifty (50) feet for two story buildings.
   
3. Rear setbacks areas for the main structure shall me a minimum of thirty (30) feet for single story buildings and fifty (50) feet for two story buildings. 
   

(Ord#: 2012-13; 9/04/12)

A masonry wall shall be installed and maintained along all district boundaries consistent with existing fence ordinances. Following are acceptable means of providing such screening:

1. Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of eight (8) inches thick. All such walls must be landscaped with vegetation.
   
2. Berms. In all cases a berm shall be constructed consistent with the Parkway Detail facing an arterial road. It shall be constructed of earthen material and it shall be landscaped with trees and at least fifty percent (50%) other living landscaping vegetation. 
   
3. No signs or sign supports shall be permitted on any required screening.
   
4. 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 and shall be of a similar material and construction to the primary building.
   
   1. 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.
      
   2. 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.
      
   3. 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.

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, owner/developer shall provide 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 parking spaces at a ratio of one (0.5) parking stalls per dwelling unit, one (1) parking stall per employee during regular business hours, and one (1) permanent handicapped parking stall for bus/ambulance parking and shall be developed and comply with the following characteristics:
   
   1. Lot Conditions. 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. 
      
   3. Lighting. Lots shall be illuminated with luminaries arranged so as to baffle and direct light toward the ground and away from any adjoining residential buildings. Lighting details are specified in Section 3-4517 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 International Building Code to have adaptations which assist access by handicapped persons shall, in addition, provide off-street parking for handicapped persons as required by applicable State or Federal regulations.
      
   6. Emergency Access. The parking lot shall be designed in such a way to provide for fluid uninterrupted emergency vehicle access including parking and ingress and egress.
      
2. Location of Parking.
   
   1. No on-street parking shall be permitted in a Senior Care Assisted Living Overlay Zone. No parking shall be permitted in the minimal front or side setback areas but shall be provided for entirely within the rear setback area behind the building structure.
      
   2. Required off-street parking shall be provided on the site of the use served.
      
3. 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.
      
4. Landscaping of Parking Areas.
   
   1. Where possible, siting parking areas lower than adjacent residential property with substantial landscaping including deciduous and evergreen trees and shrubs with intent to reduce their visual impact and to screen the parking from the adjacent residential properties shall be required.
      
   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 bollard 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.
      
   4. A minimum of thirty (30) feet of landscaping shall be required between the parking area and rear property line adjacent to existing residential uses.
      
   5. A minimum of ten (10) feet of landscaping shall be required between the parking area and any side property line adjacent to existing residential uses except when a side property line is adjacent to an existing public open space area or existing home, in which case there shall be no minimum setback.
      
   6. A minimum of ten (10) feet of landscaping shall be required between the parking area and any property line adjacent to existing non-residential uses.
      
5. 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 preliminary site plan review.
      

(Ord#: 2012-13; 9/04/12)

The following articles apply to the loading and/or unloading of materials in a Senior Care Assisted Living Overlay 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. 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 and residential dwellings. 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. The operation 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 8:00 a.m. and 6:00 p.m. Monday through Friday.

1. Unobstructed and direct driveways of sufficient width to safely accommodate projected 20 year turning volumes.
   
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. The following standards shall apply in determining the size of curb openings and location of driveways:
   
   1. Access shall require approval from the controlling entity of the right-of-way where access is proposed.
      
   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.
      
   3. 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.
      
   4. 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.
      
   5. Driveway openings must serve only legal off-street parking spaces or loading zones.
      
   6. Driveway openings and driveways shall be paved and shall provide for adequate storm drainage.
      
   7. 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.
      
   8. 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.
      
   9. Where commercial developments abut State Highway access permits must be required and ingress/egress shall be designed to meet regulations adopted by the State of Utah.
      
   10. Driveways and Curb Openings shall conform with Exhibit “A”.

The following guidelines for landscaping shall apply to all developments within the Senior Care Assisted Living Overlay district:

1. Landscaping shall enhance the overall visual appearance of the development.
   
   1. The City may require that landscaping plans be prepared by a registered landscape architect.
      
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 one-half inch (1/2”) and minimum shrub size shall be one-half (1/2) gallon unless the landscaping is specifically required to screen adjacent residential property in which case the trees shall be a minimum of two inch (2”) caliper and shrubs shall be a minimum size of one (1) gallon.
   
4. When inorganic ground cover is used, it shall be in combination with live plants.
   
   1. Inorganic ground cover shall not exceed 50% of the landscaping material.
      
5. All landscaping shall have an automatic irrigation system.
   
6. Installation. All required landscaping shall be properly installed, irrigated, and maintained prior to use inauguration or occupancy.
   
7. 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.
   
8. Front Setback Areas. All front yard landscaping plans for property along a major arterial shall include the Parkway Detail as defined in this Code and City specifications and shall be approved by the City Engineer. Landscaping in these areas shall be at least twenty-nine (29) feet wide (twenty feet in width along the front property line in addition to a typical nine (9) foot improvement within the right-of-way) continuously along all public right-of-way less area for drive entrances and shall consist of an effective combination of street trees, trees, ground cover, and shrubbery. 
   
   1. The property owner shall maintain the landscaping within the parkway detail.
      
9. Other Setback Areas. The entire area between the side and rear property lines, except for any access driveway in said area, shall be as follows:
   
10. Side Setback. A minimum of ten (10) feet of landscaping shall be required between the any side property line except when a side property line is adjacent to an existing public open space area, in which case there shall be no minimum setback. 
    
    (Ord#: 2012-13; 9/04/12)
    
    
11. Rear Setback. The rear yard landscape setback shall be as follows:
    
    1. A minimum of thirty (30) feet of landscaping shall be provided for all single story buildings.
       
    2. A minimum of fifty (50) feet of landscaping shall be provided for all two story buildings.
       
    3. The landscape setback for the thirty (30) foot setback shall include one (1) row of trees for single story buildings and two (2) rows of trees for two (2) story buildings evenly spaced at one tree for every thirty (30) lineal feet adjacent to the rear property line. The trees within these rows shall be spaced to create a solid visible barrier and extend ten (10) feet beyond the end of the building and alternate between evergreen and deciduous varieties.
       
    4. All trees within this area shall be a minimum twelve (12) feet tall with a minimum canopy width of five (5) feet and a minimum caliper of two (2) inches at the time of installation.
       
    5. All trees within this area and adjacent to a two (2) story building shall be placed on a berm with a minimum height of four (4) feet.
       
       (Ord#: 2012-13; 9/04/12)
       
12. 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.
       
13. 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.
    
14. Parking Areas. Landscaping shall be separated from the parking area by wall or curb at least six (6) inches higher than the parking area.
    
15. Total Landscaping. In all cases of Senior Care Assisted Living Overlay development, landscaping shall occupy no less than thirty-five percent (35%) of the total land area under development.

1. Hardscape should be used in coordination with architecture and landscaping to provide a link between the street edge and building entrances. 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. With the exception of outdoor refuse as defined in this ordinance all outdoor storage including vehicle storage is not permitted.
      
2. Storage.
   
   1. All substructures erected for the purpose of screening storage areas shall not be permitted.
      
   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 on the premises. 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. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a fully enclosed masonry shelter similar in design and material to that of the main building. 
      
      1. Property owner(s) and/or manager(s) in a Senior Care Assisted Living Overlay 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 of right-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.
         
      2. The receptacle shall be screened from public view and from all adjacent residential uses, on at least three (3) sides by a solid masonry wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. 
         
         1. The gate shall be maintained in working order and shall remain closed except when in use. 
            
         2. The wall and gate shall be architecturally compatible with the primary building.
            
   4. No refuse collection areas shall be permitted between a frontage street and the building line. No refuse collection area shall be located within sixty (60) feet of any residential property line.
      
   5. Refuse removal and trash collection operations shall occur between the hours of 7:00 a.m. and 6:00 p.m.

Signs shall not be permitted with the exception of one unlit monument sign not to exceed a total of four (4) feet in height and twenty (20) square feet in size per sign face including a one foot base consisting of rock or brick consistent in design and material to that of the primary building.

1. Signs shall be landscaped per 3-709(5) in this Code.
   

The following articles shall relate to guidelines for exterior lighting of any Senior Care Assisted Living Overlay 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 toward the ground and away from all adjacent properties and public streets and rights-of-way. 
   
   1. Lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel. 
      
3. Parking lot lighting shall be reviewed by the site plan Land Use Authority. Parking lot lighting may consist of bollard lights no more than four (4) feet in height. 
   
   1. Type and location of bollard shall be approved by the site plan Land Use Authority. 
      
   2. Any approved parking lot lighting types shall have a cap to direct all light toward the ground. 
      
   3. Parking lot lighting shall not be operable between the hours of 10:00 p.m. and 7:00 a.m. 
      
   4. 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.
      
4. Use of mercury vapor or exposed fluorescent lights is prohibited. Energy efficient warm, white lighting, such as high pressure sodium or quartz halogen, is encouraged.
   
   1. Lighting located between the main structure and any residential dwelling unit shall not exceed 100 watts.
      
5. Automatic timers on lighting shall be required. Well designed systems can maximize personal safety during nighttime use while saving energy.
   
6. The use of Lighting to enhance landscaping and reinforce building architecture, with dramatic up lighting or wall shadow effects from plant materials as typical in a residential setting is encouraged (lighting directed at signage is not permitted).
   
   1. Lighting used to enhance landscaping or architecture shall not exceed 60 watts.
      
7. Light fixtures shall be consistent in styling with the design theme proposed for that development.
   
8. Service area lighting shall be contained within service yard boundaries, with light sources concealed.
   
9. A lighting plan shall be submitted for approval at the time of the application for a Conditional Use permit.
   
   1. A lighting plan shall be submitted with any building permit as part of the building permit which shall be consistent with the approved lighting plan attached to the approved Conditional Use Permit.

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

1. Front Setback. Roof overhangs, porte-cochere (for picking up and dropping off residents only).
   
   1. In no case shall a porte-cochere be closer than thirty (30) feet from a front property line.
      
   2. Roof projections shall not extend more than three (3) feet into the front setback.
      
   3. Any roof projections shall be designed and constructed to provide enough clearance for emergency vehicle access. 
      
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.
   
   1. In no case shall a porte-cochere be closer than twenty (20) feet from a side/rear property line.
      
   2. Roof projections shall not extend more than three (3) feet into the side/rear setback.

The following guidelines shall apply to grading of Senior Care Assisted Living Overlay 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.
   
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.

The following articles shall apply to roof structure and design in any Senior Care Assisted Living Overlay 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.
   

No portion of the property shall 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.

1. Noise Attenuation. All Senior Care Assisted Living Overlay areas within Highland City shall be subject to the noise limitations established in Municipal Code Section 8.16.100 Nuisance of Noise and Light.
2. Dust Mitigation. All excavations in excess of 1/4 acre shall obtain and file with the City a dust mitigation plan.
   
3. Grading, Sedimentation and Erosion Control. All building permits shall be accompanied by a grading, sedimentation, and erosion control plan which shall at a minimum include environmental fencing surrounding the project and best management practices. 

Any person constructing or altering a building in the Senior Care Assisted Living Overlay zones shall first apply for and receive approval for a Conditional Use Permit before applying for 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.

1. If the proposed use is discontinued for a period of one-hundred eighty (180) days then the overlay zone applied to the specific property is considered null and void, the Conditional Use Approval shall be terminated, the property shall revert back to the underlying zone, and the zoning ordinances of the underlying zone shall apply.
   
2. If a new use is proposed which alters or is inconsistent with all of the requirements of this ordinance then the overlay zone applied to the specific property is considered null and void, the Conditional Use shall be terminated, the property shall revert back to the underlying zone, and the zoning ordinances of the underlying zone shall apply.

The architectural design (including design, rendering, and a list of building materials) of each Senior Care Assisted Living Overlay building and the storage shed complex are attached hereto as Exhibit “C” and incorporated herein as a specific requirement of this zone. The exact location of the building on the site plan is designated in Exhibit “A”, which locations are also incorporated herein as a specific requirement of this zone. Prior to the issuance of building permits for 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 4.6 of Highland City's Senior Care Assisted Living Overlay Zone. Any appeals of final decisions on architectural compliance shall be heard by the architectural review Appeal Body.

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 landscaping feature which uses natural materials in natural earthtone materials, is very subtle and subdued in design, is not lighted, and does not overwhelm or dominate the structure or property.
      
      1. Wall signs or any other sign type shall not be allowed except as permitted in 3-4624 of this Code.
         
   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. Both sides of all perimeter walls or fences shall be architecturally treated.
      
2. Architectural Guidelines. The following architectural design guidelines apply to all uses:
   
   1. The siding materials listed below are prohibited in any SENIOR CARE ASSISTED LIVING OVERLAY building in Highland City:
      
      1. Weeping mortar
         
      2. Plastic or vinyl siding
         
      3. Lava rock
         
      4. Asphalt or hardboard siding
         
      5. Plywood siding
         
      6. Stucco walls divided by wood dividers
         
      7. Metal grills and/or facades
         
      8. Non-colored-anodized and/or unpainted aluminum, except for flagpoles.
         
      9. Aluminum siding
         
   2. Architectural design in Highland City has primarily been simple. Highly ornate buildings are inconsistent with the architecture of the community and shall be prohibited.
      
   3. 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.
      
   4. Colors shall be limited to soft shades and/or earth tones. No bright or neon colors shall be allowed on exterior of buildings.

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. Site Plan. A site plan to be included as attachment “A” showing lot lines and defining the area to be occupied by buildings, the areas and configurations to be used for parking, lighting, the location of roads, driveways, sign, and walks and the spaces for loading and refuse storage.
   
   1. 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.
      
2. Landscaping Plans. Landscaping plans to be included as attachment “B” indicating the percentage of landscaping on the site, showing landscaping areas and identifying all of the planting materials and their locations.
   
   1. The landscaping plan should illustrate a reasonable effort to screen adjacent residential use from parking lots and refuse storage facilities.
      
3. Architectural Drawings. Elevations and/or architectural renderings of buildings' facades to be included as attachment “C” being sufficiently complete to show architectural design, building heights and roof lines, identifying building materials and colors and light standards, openings in the facade, and the general architectural character of the building.
   
   1. A building materials board shall be included with the architectural elevations provided to the architectural review Land Use Authority for review.
      
4. Licenses. Prior to issuance of a building permit for an Assisted Living or Nursing Care Facility, the person or entity licensed or certified by the Utah Department of Health or Utah Department of Human Services to establish and operate the facility shall:
   
   1. Provide evidence or documentation including a copy of any documents required per 3-4605 in this Code.
      
   2. The owner/operator shall provide to the City proof of adequate insurance for the program’s vehicles, hazard insurance on the home, and liability insurance to cover residents and third party individuals.
      
5. Development Agreement. A Developer Agreement shall be executed between the City and Developer outlining the conditions of approval for the SCALO Zone and Conditional Use Permit.
   
6. Conditions, Covenants and Restrictions. A Copy of the proposed CC&R’s shall be provided.
   
7. Traffic Study. In certain cases where the location of a proposed facility is adjacent to a high traffic area and there is a concern for traffic safety, the applicant shall provide a traffic study.
   
8. Additional Information. 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.

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 may be required, 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 initiated.
      

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

The following articles shall apply to all Senior Care Assisted Living Overlay 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.