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

1. Attached dwellings as defined in Exhibit A.
   
2. Commercial and industrial uses are strictly prohibited in this overlay.
   
3. Public utility lines and subject to 5-114(6).
   
4. 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.
   
5. Household pets.
   
6. Flag poles, television antennas and satellite dishes (limited to 3 feet in diameter).
   
7. Model Homes. Please refer to Article 6 Supplementary Regulations Section 3-617 Model Homes.

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

1. All front doors shall face the public right-of-way nearest to that front door. All dwelling structures shall be set back and built within the building envelope specified for that lot as attached in addendum “B”.
   
2. All dwellings shall be built within the building envelope specified for each lot as indicated in addendum “B”. 
   
3. Side setbacks between separated units shall be a minimum of 10 feet.
   
4. Front setbacks shall be a minimum of 20 feet. Front porches may extend an additional two (2) feet into the front setback.
   

The size of any building in this subdivision shall conform to the floor plans depicted in addendum “A” and as a minimum are as follows: 

No unfinished areas will be allowed in the minimum required space. However, unfinished basements are allowed.

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 3-622 as applicable.
   
3. Common Space. Land areas that are not occupied by buildings, parking area, streets or alleys, shall be accessible by the residents and considered common space. 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 with the exception of the “courtyard” space specifically identified by Addendum “B”.
   
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 noted as “courtyard” as defined by the plat and 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 or 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 anesthetic enhancement of property and the privacy of its occupants. No fences or screens shall be constructed within the common space. A homeowner may construct a fence which is a maximum of four (4) feet in height within the courtyard area as identified on the recorded plat if constructed of similar material to the wainscot of the home it is located on. A fence may be extended and additional two (2) feet in height if it is 55% open and constructed with wrought iron, high quality maintained wood, or a high quality vinyl fencing material. Homeowners who wish to install any fence in Highland are required to obtain a fence permit prior to construction after obtaining approval from the Architectural Review Committee.
   
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. Units, 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 within the parking area along the public streets and shall not be permitted within the private lane. Parking in driveways with shared access shall not be permitted which blocks access to adjacent garages. Parking shall not be permitted within the private lane. (3) No storage of any boats, trailers, recreational vehicles, commercial vehicles or inoperable vehicles belonging to a Unit Owner or others is allowed outside of the garage. (4) No Lot Owner shall cause or permit anything (including, without limitation, an individual’s 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 commercial sign of any kind shall be displayed on or from any structure or the Common Area. (6) Nothing shall be done in manner which will impair the structural integrity of the building or nay part thereof or which would structurally change the building or any part thereof accept as it otherwise provided herein. (7) The Common Areas and Facilities shall be kept free and clear of all rubbish, debris and other unsightly materials by the Homeowners Association. (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 without the prior written consent of the Association. (9) No structure shall contain any coal or wood burning fireplace, stove or other similar device unless the same is EPA approved, installed according to the manufactures guidelines and installed by a person or entity certified to install said device. (10) Accessory structures of any kind are not permitted within this subdivision.
11. Architectural standards:
    
    1. Exterior. Dwelling exterior shall be constructed as per the approved elevations and materials as illustrated and identified in addendum A. Each unit which is a part of an approved elevation shall not be separated by different exterior materials. 
       
       1. Color Harmony: Dwelling materials and colors shall match the Master Color Plan and Master Elevation Plan as depicted in Addendum A.
          
    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 uniform in material and constructed of concrete, brick, flagstones, or similar high-grade material and not asphalt. Driveway materials shall be uniform. 
       
12. All Public Utilities shall be located under ground.
    
13. Lighting. The developer shall provide street lighting at intervals of 200 feet along Town Center Drive and Town Square Drive. The lights shall be similar in architecture and color to the existing Town Center street lighting. The street lights shall be a maximum of 14 feet in height. The lights shall be installed by the developer after approval from the city engineer.
    
14. Corner Features. The developer shall provide a significant landscaping and/or architectural feature on the corners of 5600 West Town Center Drive and Town Center Drive and Town Square Drive. This feature shall be approved by the city and will address the entry into the Town Center.
    

(Amended 5/20/08)

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.