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Highland City Zoning Code

ARTICLE 4

10 P-U Zone

3-41001 Purpose And Intent

The Public Utility Zone has been established as a Zone in which the primary use of land is for public utilities such as power substations, water storage tanks and reservoirs. The Zone has as its main objectives the architectural control, protection of existing residential property rights and utility master planning for the future of Highland City. Any proposed use within a Public Utility Zone that is contiguous to a residential zone may not be approved if the proposed use is proven to create negative impact to the health and safety of existing residences. The City staff, the Planning Commission and the City Council will adhere to these guidelines to review and evaluate future development projects related to development within Public Utility zones. There are certain key design elements which contribute significantly to the visual order and consistency of Highland City. 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 services which may be offered by public utilities within the community and to establish guidelines for the physical development of above ground structures providing public utilities.
  2. The overall intent of these regulations is to establish a standard for development and maintenance of public utilities which:
    1. Promote the overall functionality, safety and visual attractiveness of public utility buildings, accompanying substructures, and surrounding landscape;
    2. Promote architecture with a residential flavor;
    3. Promote development which works in harmony with the open, rural atmosphere of Highland City;
    4. Prevent the erection of buildings or substructures with an industrial or pre-fabricated appearance.

(Adopted 6/1/01)

3-41002 Conditional Uses

The only uses allowed within the P-U Zone shall be Conditional Uses which satisfy the primary intent or purpose for the Zone. All such conditional uses may be subject to additional conditions considered appropriate and necessary by the conditional use Land Use Authority, in accordance with Section 3-622 and Chapter 4 of this Code. Those uses which are incompatible with the desired land use for the P-U Zone are prohibited. Any associated structure(s) requested within this zone shall be uninhabitable with the exception of routine maintenance. The following list of uses may be permitted within the Public Utility Zone with a Conditional Use permit:

  1. Water Storage Tanks
  2. Pumping Stations
  3. Power Substations
  4. Irrigation Reservoirs
  5. Telephone Switching Facilities
  6. Sewer Lift Stations
  7. Water Wells

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024
Amended by Ord. O-2025-21 on 11/18/2025

3-41003 Prohibited Uses

In the P-U Zone, any use not expressly listed as a conditional use shall be deemed prohibited, including but not limited to; above ground high power transmission lines, storage yards, repair shops, and storm sewer retention facilities. 

(Adopted 6/1/01)

3-41004 Development Standards

  1. An area to be zoned P-U 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 characteristic.
    1. Development Site, excluding dedicated roads, shall be a minimum of ten thousand (10,000) square feet in area with a minimum of one hundred thirty (130) feet of frontage on a dedicated and improved public street.
    2. In order to encourage uses consistent with the objectives of the Public Utility Zone and to ensure adequate site planning, the entire site must be master planned at the time of site plan approval. Control of the property by a single person, association, partnership, or corporation must be demonstrated.
    3. A facility located within the Public Utility Zone may provide services to citizens from surrounding communities including any above-ground device or structure, of a culinary water, irrigation, reservoir, or private utility system not owned or operated by Highland City, which is intended to regulate the function of a storage device or distribution line or which receives or transmits a signal.
  2. Development of property zoned P-U 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.  

(Adopted 6/1/01) (Amended 6/3/08)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41005 Site Coverage

  1. 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.
  2. Coverage of a site by a building structure, including all the pertinences, shall not exceed twenty-five percent (25%) 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 Public Utility zoning guidelines. In no case, however, shall site coverage exceed 35 percent (35%).
  3. In all site plan configurations, landscaping shall occupy no less than fifty percent (50%) of the total land area under development.
  4. Coverage restrictions do not apply to open ponds for water storage.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41006 Building Setbacks

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

  1. The public street right-of-way line shall be considered the front property line of a lot. Where a property does not have frontage on a public right-of-way then the front shall be considered the portion of the lot where it is accessed. Front setback areas shall be a minimum of thirty (30) feet.
  2. Side setback areas shall be a minimum of ten (10) feet. Where a side property line abuts a residential zone then the side setback shall be a minimum of (25) feet.
  3. Rear setback areas shall be a minimum of ten (10) feet. Where a rear property line abuts a residential zone then the rear setback shall be a minimum of (25) feet.
  4. In no case shall any permanent structure be constructed within any recorded easement of any kind. This shall include retaining walls over two (2) feet in height, but shall exclude fences which meet the fence requirements of Highland City.
  5. Setbacks do not apply to open ponds for water storage, however open ponds shall not be developed within any easement other than drainage basins or easements designated for such use.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41007 Building Height

The maximum height of any building in the Public Utility Zone shall not exceed thirty-five (35) feet. The height is measured from one location along any elevation where the “Grade of Building” (as defined in 10-102(23)) to the highest part of the building is at its greatest vertical distance. On sloped lots where the grade difference exceeds four feet in elevation the averaged maximum “Height of Building” (as defined in 10-102(26)) in the Public Utility Zone shall not exceed thirty-five (35) feet. No building shall be constructed to less than the height of 10 feet or one story above finished grade. Maximum height shall include any portion of any object connected to the building or projecting from the building.

(Adopted 6/1/01)

3-41008 Screening Walls/Fences/Hedges

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

  1. Walls. A wall shall consist of wrought iron, concrete, stone, brick, tile, or similar type of solid masonry material(s). All such walls must be landscaped with vegetation at the base of the wall where it may be visible from a public right-of-way or from a private residence.
  2. Berms. A berm shall be no less than thirty (30) feet in width at the base facing an arterial road if available and no less than twenty (20) feet in width at the base facing any other street or property if available. It shall be constructed of earthen material and it shall be landscaped. Grading of berms is further detailed in Section 3-41018 of this Code.
  3. No signs or sign supports shall be permitted on any required screening unless required by State or Federal regulations however the most restrictive requirements for the size and location of signs or sign supports required by any law or regulation of the State of Utah shall take precedent.
  4. 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 Public Utility development site.
    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, however the more restrictive regulations required by any law or regulation of the State of Utah shall apply.
    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. All walls and fences constructed both around the perimeter of the development or within the site must be of a similar material and construction to the primary building.
    8. Wall materials shall consist of masonry construction finished with a light colored stucco, or mortar washed brick.
    9. If walls are finished in stucco, colors will be limited to earth tones. No bright or neon colors will be allowed.
    10. 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.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41009 Parking

Except as may be provided elsewhere in this ordinance, there shall be provided at the time of erection of any building or structure, or at the time any main building is enlarged or increased in capacity, minimum off-street parking space(s) 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 provided 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. Exterior lighting of any kind shall not exceed fifteen (15) feet in height but shall not include lighting which may be directed toward an American flag that is mounted to a flag pole. All lighting that is requested to be functional between the hours of 11:00 p.m. and 7:00 a.m. for security purposes only shall be motion sensored and shall be turned off otherwise.
    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 described below or as required by applicable State or Federal regulations.
  2. Specific Requirements for Each Land Use. Minimum required off-street parking shall be provided for each use as listed below. Requirements calculated on square footage of Public Utility 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 be 0.5 per 1,000 square feet with a minimum of one (1).
    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 reduce requirements based upon actual usage, but in no case shall the requirements be reduced by more than 25 percent.
  3. Location of Parking.
    1. No on-street parking shall be permitted in a Public Utility Zone. 
    2. Required off-street parking shall be provided on the site of the use served. 
    3. The parking setback restrictions set forth above shall also apply to contiguous or alternate parking sites.
    4. Parking facilities need not be located in one consolidated area of a particular site, but may be separated by landscaping or building elements.
  4. 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 3-41008 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.
    4. Landscaping that is drought resistant shall be required for parking areas. This may include 25% ground covers and 10% non-living material (ex: boulders, water features).
  5. Other Considerations.
    1. Circulation within any parking area 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 3-41027 of this Code.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41010 Driveway And Curb Openings

  1. Unobstructed and direct driveways of sufficient width to safely accommodate projected 20 year turning volumes as determined by a required Traffic Impact Analysis required shall be provided. 
  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.
    3. In order to minimize the number of access points from adjacent streets driveway openings and driveways shall be shared at property lines between parcels whenever possible.
    4. 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.
    5. 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.
    6. 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.
    7. Driveway openings must serve only legal off-street parking spaces.
    8. Curb openings shall be entirely within the extension of the side property lines extended perpendicular to the street center line.
    9. Driveway openings and driveways shall be paved and shall provide for adequate storm drainage.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
    14. Circulation roadways shall also conform to the requirements of the Uniform Fire Code with regard to providing emergency vehicle access.
    15. Where Public Utility developments abut State Highway access permits must be required to regulations adopted by the State of Utah.

(Adopted 6/1/01)

3-41011 Landscaping

The following guidelines for landscaping shall apply to all developments within the Public Utility Zone:

  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. Trees shall be a mixture of a 50% deciduous and 50% evergreen variety. There shall be a minimum of one (1) tree per 3,000 sf of landscape area in addition to trees along rights-of-way. Street trees shall be planted at a minimum of one tree per 30 feet o.c., excluding any access driveway, or as per the designated street plan if defined.
  4. The City may require that landscaping plans be prepared by a registered landscape architect.
  5. Not more than twenty-five percent (25%) of inorganic ground cover may be used, and it shall be in combination with live plants.
  6. All landscaping shall have an automatic irrigation system.
  7. Installation. All required landscaping shall be properly installed, irrigated, and maintained by the owner of the property. All required landscaping shall be bonded for by the person or person(s) responsible for installation of the landscaping for a period of one year following final approval of a project per Chapter 6, Guarantee of Performance, in this Code. If any portion of the required landscaping has not been completed or is inadequate as per an approved landscaping plan than the City may exhaust whatever portion of that bond may be necessary to complete the landscaping according to that approved landscaping plan.
  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 consist of an effective combination of street trees, trees, ground cover, and shrubbery at least fifteen (15) feet wide continuously along all public rights-of-way less area for drive entrances.
  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. The point ten (10) feet in back may be extended to meet the necessary landscaping requirement of 50%.
  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 wall or curb at least six (6) inches higher than the parking area.
  14. Total Landscaping. In all cases of Public Utility development, landscaping shall occupy no less than fifty percent (50%) of the total land area under development. If the land area under development does not include all of the land within the property where the development is proposed, then an area which is equal to 100% of the impervious surface of the proposed development shall be required for landscaping purposes.

(Adopted 6/1/01)

3-41012 Hardscape

  1. Hardscape may be incorporated as 10% of the required landscape area and can include such items as benches, sculptures, water fountains, enriched paving treatments, cobblestone walkways, large boulders, etc. A detailed plan of Hardscape design shall be included within landscape plans and shall be subject to review by the site plan Land Use Authority to determine continuity with overall development plan and harmony with the development of surrounding properties.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41013 Substructures; Storage/Refuse Collection, Etc.

The following articles shall relate to the screening and location of storage and refuse collection areas:

  1. Storage.
    1. Outside storage shall be prohibited within the PU Zone.
    2. The storage or manufacturing of hazardous materials or hazardous waste, combustibles and explosive materials, or petroleum products exceeding state or federal limits shall be prohibited. These materials and products shall be regulated by state and federal laws and regulations (see 3-41021(3): Nuisances in this Section). 
  2. Refuse.
    1. Every parcel with a building or structure shall have a trash receptacle on the premises if relevant to the use. 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 masonry wall six (6) feet in height and on the fourth side by a solid self-closing 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 similar with the main building or structure. The materials shall be identical to those used on the main building or structure when masonry has been applied.
    4. 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 Public Utility Zone 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.
    5. No refuse collection areas shall be permitted between a frontage street and the rear building line. No refuse collection area shall be located within one hundred (100) feet of any residential use.
    6. Refuse removal and trash collection operations shall occur between the hours of 8:00 a.m. and 6:00 p.m.

(Adopted 6/1/01)

3-41014 Signs/Sign Illumination

  1. Purpose. The purpose of this section is to: 
    1. Maintain and enhance the City's appearance by regulating the design, character, location, size, color, illumination and maintenance of signs in a Public Utility Zone in Highland City; and, 
    2. Minimize the possible adverse effects of signs on nearby public and private property.
  2. General Regulations. The following articles shall serve as guidelines for any sign erected in a Public Utility Zone in Highland City:
    1. Signs shall be prohibited within the PU Zone except as permitted in Article 7 of this Code or unless required by State or Federal regulations for the health, safety and welfare of the citizens of Highland. The most restrictive requirements for the size and location of signs or sign supports required by the State of Utah or federal law or regulation shall apply.

(Adopted 6/1/01)

3-41015 Lighting

The following articles shall relate to guidelines for exterior lighting of any Public Utility 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 base or foundation of the building or structure for which it is intended and away from all adjacent properties and public streets and rights-of-way. 
  3. Lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel.
  4. Lighting objects or structures shall not extend in any manner above an eave or roof line of a building or structure. 
  5. Parking light standards shall not exceed 12 feet in height or the height of the primary building, whichever is less.
  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. All lighting for security purposes that request to be functional between the hours of 11:00 p.m. and 7:00 a.m. shall be activated by a motion sensor only.
  8. Lighting shall not spill from the building which it is intended to light or cast any glare onto adjacent lots and streets in such a manner as to decrease the safety of pedestrian and vehicular movement. 
  9. 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. This lighting shall be directed toward the building for which it is intended by a maximum angle of 45 degrees and maximum distance of 10 feet from the face of the building or structure.
  10. 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.
  11. 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.

(Adopted 6/1/01)

3-41016 Projections

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.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41017 Grading

The following guidelines shall apply to grading of Public Utility 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.

(Adopted 6/1/01)

3-41018 Utilities/Equipment

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 but shall be enclosed within a structure which shall comply with this Section.
  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.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41019 Roof Design

The following articles shall apply to roof structure and design in any Public Utility Zone:

  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. Mansard or fake mansard roofs
    2. Gambrel roofs
    3. Curvilinear roofs
    4. Domed roofs
    5. Geodesic domes
    6. Conical roofs
    7. A-frame or modified A-frame roofs
    8. Roof designed with a slope less than 5/12 (does not apply to water storage facilities).
  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.

(Adopted 6/1/01)

3-41020 Nuisances

  1. Property in a Public Utility 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, or outside storage.
  2. Noise Attenuation. All Public Utility areas within Highland City shall be subject to the noise limitations established in Municipal Code Section 8.16.100 Nuisance of Noise and Light.
  3. The storage or manufacturing of hazardous materials or hazardous waste, combustibles and explosive materials, or petroleum products exceeding state or federal limits shall be prohibited. These materials and products shall be regulated and enforced by state and federal laws and regulations. 
    1. "Hazardous materials" shall mean hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U.S.C., Section 6991(2), and including petroleum products or any explosive materials as determined by state or federal regulations shall be prohibited. Federal limits for hazardous materials are defined by the Code of Federal Regulations: Title 40 -- Protection of Environment, Volume 18, 40CFR261.3.
    2. "Hazardous waste" means a solid waste or combination of solid wastes other than household waste which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
    3. “Combustibles and Explosives” shall be defined by Section 10-8-56 Utah Law. The storage or manufacturing of gunpowder, tar, pitch, resin, coal, oil, gas, gasoline, benzine, turpentine, nitroglycerine, petroleum or any of the products thereof, and other combustible or explosive substances or materials shall be prohibited.
    4. “Petroleum” includes crude oil or any fraction of crude oil that is liquid at 60 degrees Fahrenheit and at a pressure of 14.7 pounds per square inch absolute. "Petroleum storage tank" means a tank that: 
      1. Is underground; 
      2. Is regulated under subtitle i of the resource conservation and recovery act, 42 u.s.c. section 6991c, et seq.; and 
      3. Contains petroleum.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2021-12 on 6/1/2021

3-41021 Change Of Use

Any person who desires to occupy vacant floor space, or to change the use of floor space, shall be required to first obtain a certificate of occupancy from the City. Any person constructing or altering a building in the Public Utility Zones shall first obtain a building permit from the City for such construction or alteration, and then shall obtain a certificate of occupancy from the City before the building being constructed or altered is occupied. If a different use is requested than what is permitted within the Public Utility Zone than the property shall be rezoned to its previous designation and will be regulated by that previous zone.

(Adopted 6/1/01)

3-41022 Architectural Design

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 Section. 

  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 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.
    11. Any building within the PU Zone shall have at least one opening (ex: window, jog in foundation of at least two (2) feet) for every twenty (10) linear feet which is visible from any public access or right-of-way. If a window is used as an opening it shall have a three (3) foot minimum width. A doorway may substitute for an opening on one side. 
  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 Public Utility 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.
      12. Split-face block of one color for more than 4 courses (differentiated colors of block shall not create a visual reference to a symbol, letter, name, insignia or logo).
    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.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41023 Non-Conforming Structures And Uses

These provisions provide for the orderly termination of non-conforming buildings, structures, and uses to promote the public health, safety, and general welfare, and to bring these buildings, structures, and uses into conformity with the intent of the PU Zone of Highland City. Above ground Public Utilities that are not within a Public Utility Zone shall be considered non-conforming. For more information relating to non-conforming uses see (Article 2) of this Code. 

(Adopted 6/1/01)

3-41024 Irrigation Water Requirements

Developments occurring under the provisions of this Article must comply with the irrigation water requirements of Sections 5-123 and 7-112 of this Code if applicable. Water provision shall not apply for buildings or structures will which does not require water.

(Adopted 6/1/01)

3-41025 Submittal Requirements

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 detailed 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 all four elevations of each buildings' facades and Zone 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.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41026 Action On Site Plan

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:
  2. The proposed use and development of land conforms to the provisions of this ordinance.
  3. 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.
  4. Demonstration that adverse impacts on neighboring residential properties have been reasonably mitigated or a significant attempt has been made by the developer to mitigate those impacts.

(Adopted 6/1/01)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41027 Appeals

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

(Adopted 6/1/01) (Amended: 4/21/98)

HISTORY
Amended by Ord. O-2024-27 on 10/1/2024

3-41028 Security: Site Improvements/Project Completion

The following articles shall apply to all Public Utility 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. 

(Adopted 6/1/01) (Amended 5/20/08) 

O-2024-27

O-2025-21

O-2021-12