1. The objective in establishing a residential component to the Town Center Overlay is to provide residential opportunities that will complement the town center and meet the housing needs of those wishing a more urban housing experience.  Town center housing will be characterized by low profile, single family, owner occupied, well spaced units of pre-approved, high quality elevations conforming to strict design standards, commonly maintained and shared open space consisting of trails, trees and lawns, a minimum of private space, of vehicular traffic and of impact to the surrounding neighborhoods and applicable only to the following described property: Beginning at a point which is South 109.25' and N 89E50'00" E, 130.33 feet from the West Quarter Corner of Section 36, Township 4 South, Range 1 East, Salt Lake Base and Meridian; Thence as follows: N 89E50'00" E 616.68 feet; South 376.66 feet to a curve to the left; ARC Length 178.62 feet Along said arc length with a 495.91 feet radius to the left, The chord which bears S 61E23'10"W, 177.65 feet S 46E26'25" W 104.36 feet To a curve to the right ARC Length 432.80 feet Along said arc length with a 563.46 feet radius to the right.  The chord which bears S 65E47'22' W, 422.24 feet North 705.01 feet to the point of beginning. Containing an acre of 8.08 Acres.
   
2. Commercial and industrial use areas are strictly prohibited in this overlay. Non-vehicular and pedestrian traffic impacting home occupations may be allowed subject to conditional use approval.

The following buildings, structures, and uses of land shall be permitted in the Town Center Overlay Urban Subdivision.

1. Single-family dwellings and attached dwellings as defined in Exhibit A.
   
2. Public utility lines and subject to 5-114(6).
   
3. A single family shall be defined as related persons living in a common household, and is not subject to the definition of “family” as listed in Section 10-102(17) of the Development Code as it pertains to non-related residents.
   
4. Household pets.
   
5. Flag poles.
   
6. Television antennas and satellite dishes (less than 3 feet in diameter).
7. Model Homes. Please refer to Article 6 Supplementary Regulations Section 3-617 Model Homes.
   

(Amended: 6/7/05)

The maximum number of residential units to be permitted within the Town Center Overlay Urban Subdivision is forty-five (45). Area and width requirements of a building pad for each lot in this subdivision shall be a maximum of 46 feet in width by 60 feet in length as indicated on Addendum “B”. The area that is not built on will be deeded back to the homeowners association as common area.  

(Amended: 6/7/05)

Buildings and structures on lots within this subdivision shall be located as follows:

1. All dwellings shall be built within the building envelope specified for each lot as indicated in addendum “B”.
   
2. Side setbacks between separated units shall be a minimum of 15 feet.
   
3. Front setbacks shall be a minimum of 20 feet.
   
4. Garages shall have a minimum setback of 20 feet from the street or alley (however the garage is accessed per Addendum B). An exception to Lots 33 and 45 shall apply requiring a minimum setback of 10 feet.

(Amended: 6/7/05) 

The maximum height of any building in this subdivision shall conform to the elevations depicted in addendum “A”, and no two buildings can have the same elevation side by side with no more than five (5) units having the same exterior elevation. Structures including, but not limited to, flag poles, television antennas and similar structures, are excluded in determining height.

(Amended 6/7/05) 

Special provisions shall apply in the Town Center Overlay Urban Subdivision in order to protect its essential characteristics:

1. The space required around buildings and structures shall be kept free from refuse and debris.
   
2. All buildings and uses within this zone shall comply with all applicable portions of Sections 3-601 through 3-620 as applicable.
   
3. Common Space. Land areas that are not occupied by buildings, structures, parking area, streets or alleys, shall be accessible by the residents. All common space shall be devoted to landscaping and maintained by the home owners association. It is the intent that all common space shall not be maintained, planted in, fenced in or be in control of any resident of a particular dwelling within the development.
   
4. Common Driveways. Driveways serving more than one unit shall be accessible by both residents of the development and the residents of the dwelling units. However, the owners of the dwelling units attached to the driveway shall have a perpetual access easement. Maintenance of common driveways shall be the responsibility of the Homeowners Association. 
   
5. Private Space. Private space shall consist of that area provided for each dwelling unit for personal use, shall be immediately adjacent to, attached to, or within the dwelling unit it is designed to serve and shall be for the exclusive use of the residents of the dwelling unit. The private space shall be owned fee simple by the owner of the dwelling.
   
6. Streets. All public streets shall conform to Highland City subdivision standards and shall be maintained by the City and shall conform to the street layout as specified in addendum “B”. Sufficient off street parking shall be provided and maintained for all automobiles and recreational vehicles owned or used by occupants of each dwelling.
   
7. Alleys. All alleys shall be accessible by both residents of the development, city personnel, utilities, franchisees of the city and the public. Alleys shall be deemed a Public Utility Easement and may be used accordingly. Alleys shall be installed in accordance to location and to the cross-section as depicted on addendum “B”. There shall be no parking nor storage of any kind in the alleys. All garbage containers, except on collection day, must be stored out of sight in a garage or behind an approved screen. No common dumpsters will be allowed. Maintenance and ownership of alleys shall be the responsibility of the Homeowners Association. 
   
8. Fences and Screening. Each unit shall be permitted reasonable visual and acoustical privacy. Landscaping and sound reducing construction techniques are encouraged and shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants. No fences or screens shall be permitted in the common space. A homeowner may construct a fence which is a maximum of four (4) feet in height and a maximum of 150 square feet in size after obtaining approval from the Architectural Review Committee. The fence shall not exceed a distance of 10 feet from the home. Fences shall be a high quality material similar to the home. Homeowners who wish to install a fence in Highland are required to obtain a fence permit prior to construction.
   
9. Landscaping. It shall be the responsibility of the developer of the subdivision to install the landscaping and shall post a performance bond for all landscaping per Chapter 6, Guarantee of Performance, in this Code. In order to protect the landscaping, landscaping may be deferred until such time as final inspection on the dwelling structure. All landscaping shall be originally installed in accordance with irrigation, landscaping and amenities plan incorporated into addendum “C”. This development shall include two separately defined landscaping areas which shall be classified as “common area” and “personal space”. It is the responsibility of Homeowners Association to maintain all common areas before and after landscaping is installed.
   
   1. The “personal space” shall be defined as the area immediately surrounding each unit as illustrated in addendum “C” (plan L2.1 and L2.2).
      
      1. No unit builder or homeowner can remove any landscaping item from the ‘personal space’ area surrounding each building unless that landscaping item is replaced with, at minimum, a landscaping item of equal aesthetic value.
         
      2. A unit builder or homeowner may add to and/or enhance the landscaping items within their ‘personal space’ surrounding each unit with landscaping that is aesthetically equal to or an improvement above the originally approved landscaping plan, following approval from the Home Owners Association.
         
   2. The “common area” shall be the entire area of the development excluding the main dwelling unit, the ‘personal space’, and any improved hard surface as illustrated in addendum “C” (plan L1).
      
      1. No unit builder or homeowner can remove, alter, or add any item to the “common area” without first amending addendum “C” (plan L1).
         
         (Ord: # 2009-17, 07/21/09)
         
10. The Lots and Common Areas and Facilities shall be used and occupied as hereinafter set forth: (1) No business shall be operated in or from any Lot or Common Area. (2) Parking shall be in the garage or in the driveway of said Lot. (3) No storage of any boats, trailers, recreational vehicles, commercial vehicles or inoperable vehicles belonging to a Lot Owner or others is allowed outside of the garage. (4) No Lot Owner shall cause or permit anything (including, without limitation, an individual television antenna, an awning, etc.) to hang, be displayed, be visible or otherwise be placed on the exterior walls or roof of any structure or any part thereof, or on the outside of windows or doors, without the prior written consent of the Association. (5) No sign of any kind shall be displayed to the public view on or from any structure or the Common Area. (6) House pets shall be allowed according to the rules and regulations established by the Association. (7) The Common Areas and Facilities shall be kept free and clear of all rubbish, debris and other unsightly materials. (8) No admission fees, charges for use, leases or other income-generating arrangement of any type shall be employed or entered into with respect to any portion of the Common Areas and Facilities. (9) No structure shall contain any coal or wood burning fireplace, stove or other similar devise unless the same is EPA approved, installed according to the manufactures guidelines and installed by a person or entity certified to install said device.
    
11. Architectural standards:
    
    1. Exterior. Dwelling exterior shall be constructed of brick, stone or stucco combination thereof with at least 50% average of the total wall area being brick or stone or the equivalent material with 50% minimum front elevation and a minimum 25% in back.
       
       1. Color Harmony: The use of natural earth tones will be encouraged, along with the use of stucco, stone and limited amounts of wood as materials. The use of unpainted concrete or blocks and painted or unpainted metal siding is prohibited on exterior surfaces.
          
       2. Soffit and fascia materials may be an aluminum or vinyl.
          
       3. A minimum 8" x 8" no vinyl wrap.
          
       4. 2 x 6 exterior walls.
          
    2. Material for Roofs and Pitch. Roofing material shall be tile or composition grade of architectural roofing shingle (minimum 30-year guarantee) may be permitted, with a raised ridge. 
       
    3. Driveways and walkways. All driveways and walkways forward of the required setback line shall be constructed of concrete, brick, flagstones, or similar high-grade material and not asphalt, and be of a width to provide side by side parking for a minimum of two cars. 
       
12. No more than 22 units can have two stories.
    
13. All public utilities shall be underground.

1. Residential facilities for elderly persons see section 10-102(24), providing that the building to be used for such purpose and the use thereof conform to the following requirements:
   
   1. The building conforms to all applicable health, safety, zoning, and building codes;
      
   2. The building is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character;
      
   3. The facility is located not closer than three-quarters of a mile from any other residential facility for elderly persons or residential facility for handicapped persons.
      
   4. Not more than four elderly persons reside at the facility;
      
   5. The facility shall be owned by one of the residents or an immediate family member of one of the residents for which title has been placed in trust for a resident;
      
   6. The facility shall not house any person being treated for alcoholism or drug abuse;
      
   7. Placement of any person in such a facility shall be voluntary and may not be part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution.
      
2. Any conditional use permit granted under subsections (5) or (6) is nontransferable and shall terminate if the structure is devoted to another use or if it at any time fails to comply with applicable health, safety or building codes.