Land, buildings, or premises in any district shall hereafter be used only for a purpose permitted in such a district and in accordance with the appropriate regulations. A permit of occupancy shall be issued by the Building Inspector to the effect that the use, building, or premises conform to provisions of this and all related ordinances, regulations, and requirements prior to occupancy, for any building erected, enlarged, or altered structurally for the occupancy or use of any land. No permit of occupancy shall be issued until structures are completed to the standards as set forth in the most current issue of "International Building Code (IBC)." Occupancy of a structure prior to issuance of a permit of occupancy shall be deemed a misdemeanor, and such occupancy shall be deemed a separate offense for each and every day of such unlawful occupancy. Such a permit is needed whenever use or character of any building or land is to be changed.

(Ord: #2009-23, 09/01/2009)

Accessory buildings shall cover not more than five (5) percent of the total lot area.

(Amended 9/5/00) 

Clear Vision Area — Corner Lots. In all Zones except C-1, no structure in excess of three (3) feet in height shall be placed on any corner lot within a triangle area formed by the street property lines and the line connecting them at points forty (40) feet from the intersection of the street property lines. No structure in excess of three (3) feet in height shall be placed closer than 14 feet to a neighboring driveway. 

1. On street intersections where speed limits are greater than 35 mph all fences, walls, and hedges over three feet in height must be 
   
   1. Outside the 40 foot triangle and either 10 feet off of the side property line, or 
      
   2. 18 feet from the edge of the closest 12 foot travel lane, or
      
   3. As per AASHTO Policy on Geometric Design of Highway and Streets regarding safe sight distances.
      
2. Setbacks. All fences, walls, hedges, or similar devices must be placed within property boundaries and always outside the planned road right of way.
   
3. Height measurement. Where there is a difference in the grade of the properties on either side of the fence or wall, the height of a fence or wall shall be measured from either side of the adjoining properties except that in any instance a three (3) foot height fence shall be measured from the higher side.
   
4. Fire safety. There shall be no fence or hedge within three (3) feet of any fire hydrant.
   
5. Hedge Definition for Clear Vision Area: single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two (2) plants, over three feet in height, is and remains at least (20) feet apart except for that foliage above 6 foot in height. Hedges shall consist of nursery grade plants, shrubs, trees, grass, or similar landscaping materials.
   
6. The area between the Roadway and/or sidewalks and fences are to be maintained by the abutting property owner according to the requirements defined in Chapter 3, Article 6, Section 3-621 in this Code.

(Amended 8/21/07) 

1. Permit Required.
   1. All fences, theme walls, screen walls, and retaining walls shall be subject to review and approval by the Land Use Authority and shall not be constructed without first obtaining the approval of the Land Use Authority.
   2. An application shall contain an application form, any information specifically required by this ordinance, such additional information specified by the Land Use Authority, and a fee established by the City Council.
   3. The Land Use Authority shall approve, approve with conditions, or deny an application within a reasonable time after a complete application is received. The applicant shall comply with all conditions of approval of the application. Any appeals of the Land Use Authority's final decision shall be heard by the Appeal Body.
2. General.
   1. Definitions: As used in this section, the listed terms are defined as follows:
      1. Athletic Court Fencing. Fencing surrounding or enclosing an athletic court, which is a solid playing surface constructed for recreational purposes such as a basketball, tennis, or pickleball court. Athletic court fencing is subject to the fence regulations of this Section and applicable zoning regulations (See Section 3-4112(4), Section 3-4212(4), and Section 3-4262(4)).
      2. Fence. A man-made structure of any material or combination of materials, extending at least three (3) feet above finished grade, erected to enclose, screen, or provide a barrier to areas of land. “Fence” does not include buildings or portions thereof, retaining walls, or interior fencing enclosed within a fence of at least the same height.
      3. Fence Height. The highest point of the finished grade to the highest point of the main fence structure. Fence posts, columns, and monuments and caps thereon may exceed the otherwise required fence height limit by no more than six (6) inches if the width of the post, column, monument, or cap does not exceed two (2) feet with a minimum spacing between posts, columns, and monuments of four (4) feet.
      4. Finished Grade. The final surface elevation of a property after completion of grading and other surface improvements. Surface improvements that do not extend more than five (5) feet perpendicularly from the fence or wall line, including planter boxes and raised garden or patio areas, are not considered surface improvements that establish the finished grade.
      5. Open or Open Style. A fence that is constructed so a majority of the vertical surface is open, with no bars, supports, lines, or other fence structures. Where no more specific requirement is established, an open-style fence shall be a minimum of 55% open.
      6. Privacy Fencing. A fence that is constructed to be fully or primarily opaque throughout the vertical surface area of the fence.
      7. Retaining Wall.
         1. Any structure designed to resist the lateral displacement of soil or other materials to a slope that would not naturally be sustained (typically a steep, near vertical, or vertical slope) in accordance with accepted engineering practices, building code requirements, and/or manufacturer specifications. Examples include block walls, rock walls, concrete walls, and segmented walls.
         2. Walls that are parts of buildings or underground structures, such as foundation walls, basement walls, vault walls, tunnels, and swimming pool structures are not considered retaining walls. Walls that are not foundation or basement walls, but provide access to basement or below-grade entrances (e.g., daylight basements and window wells) are considered retaining walls and shall be subject to all applicable retaining wall regulations.
         3. Retaining walls are not considered fences, provided that any portion of a retaining wall that extends above the retained material and is not required to resist the lateral forces or lateral displacement of the retained material is considered a fence and shall be subject to all applicable fence regulations, including height regulations.
      8. Screen Wall. A fence that is installed by a developer or subdivider of a non-residential development between different land uses or to screen trash enclosures, loading docks, utility connections and equipment, outdoor storage areas, or other similar features as determined during the development review process.
      9. Theme Wall. A fence installed by a developer or subdivider of a residential subdivision or a planned development with residential uses along state highways, arterial and collector streets, and trails and open space areas as determined during the development review process.
   2. All fences, retaining walls, screen walls, and theme walls shall comply with the following general regulations, and all other specific regulations set forth in this Section.
      1. Fences shall not exceed six (6) feet in height, provided that property line fences separating a residential property from a park designated as an athletic complex shall not exceed eight (8) feet in height.
      2. Fence height shall be measured from the highest point of the finished grade to the highest point of the fence. Where there is a difference in finished grade within five (5) feet of either side of a fence, the fence height shall instead be measured from the average finished grade of the property within five (5) feet of either side provided that the fence shall not exceed eight (8) feet in total height as measured from the lowest point within five (5) feet of either side of the fence.
      3. Fences subject to the parkway detail shall follow location height, and setback requirements as specified therein. All other fences shall follow the requirements set forth in this Chapter.
      4. Fences on or adjacent to retaining walls are subject to Subsection 6 Retaining Walls.
      5. Fences, retaining walls, screen walls, and theme walls, including all posts, footings, and other support structures, shall be located entirely on the applicant’s property, unless the applicant obtains the written approval of the adjacent property owner.
3. Fences. All fences shall comply with the following regulations in addition to all other applicable regulations set forth in this Chapter:
   1. Location
      1. Fences may be installed on the side and rear lot lines behind the front setback of the applicable zone. A fence along the side lot lines may extend into the front set back up to fourteen (14) feet from the back of curb if the fence is a maximum height of three (3) feet.
      2. A fence shall be set back a minimum of fourteen (14) feet from the back of curb on all sides that abut a street. This setback may be reduced to be six (6) feet from the back of the curb, up to the property line, in the following circumstances:
         1. for all aide and rear property line fencing, if the fence is 66% open, or
         2. for rear property line fencing, the setback may be reduced if the portion of the property immediately adjacent to the street is less than fifty percent (50%) of the total length of the rear property line.
      3. All fences shall not exceed three (3) feet in height in the clear vision area and shall comply with the clear view area requirements as defined in Section 3-610 Clear View of Intersecting Streets.
      4. In no event shall a fence be installed within the front setback of the applicable zone parallel to a street.
   2.  Materials
      1. Permitted: Vinyl, wood, open style metal fencing with the appearance of wrought iron, precast concrete, concrete, steel cable, gabion, stone, masonry, and hog/horse wire within wooden or metal beams and posts. Hog/horse wire without beams are permitted for animal enclosures required for large animals.
      2. Prohibited: Chain link and all other materials not listed above are prohibited.
   3. Specific lot considerations
      1. Typical Lot
      2.  Corner Lot  
         1. The setback along the side property line adjacent to a street may be reduced to be six (6) feet from the back of curb, up to the property line, if the fence is 66% open.
            
            
            
            
            
            
      3. Double-Fronted Lot
         
         1. The setback along the rear property line adjacent to a street may be reduced to six (6) feet from the back of curb, up to the property line, if the fence is 66% open or if the portion of the property immediately adjacent to the street is less than fifty percent (50%) of the total length of the rear property line.
            
            
            
      4. Lots adjacent to trails or open space
         1. Open style fences and privacy fences less than four (4) feet in height along the side or rear lot lines that are adjacent to a trail or open space are permitted.
         2. Privacy fences higher than four(4) feet in height along the side or rear lot lines that are adjacent to a trail or open space are permitted, up to the maximum allowed fence height, except that privacy fencing along the side or rear lot lines adjacent to a trail or open space is limited to a maximum of four (4) feet of privacy fencing, with at least the top two (2) remaining feet open in either of the following circumstances:
            1. The trail or open space area is less than thirty (30) feet in width, is not immediately adjacent to a public street or to other property owned by a public entity or utility with open style or no fencing, and the entire area is not visible from a public area such as a street or park within 300 feet.
            2. The trail or open space area is wider than thirty (30) feet but cannot be seen from two public areas such as a street or park.
         3. The Land Use Authority may approve an alternative fence design for fencing adjacent to trails or open space if:
            1. The proposed alternative meets the intent of this section; and,
            2. There are special circumstances attached to the property that do not generally apply to other properties in the same subdivision; and,
            3. The natural visibility or observation of the trail or open space is not diminished if the proposed alternative is constructed on all the lots adjacent to the trail or open space.
      5. Highways/arterial lot
         1. On all state highways or arterial streets, fences shall be set back a minimum of thirty (30) feet from the back of curb or as required by the parkway detail. This 30-foot restriction is applicable to fences along the front, side, and rear property lines that abut the highway or arterial street, no matter the height.
      6. Lots with side or rear property lines adjacent to a golf course facility
         1. The fence may be a maximum of fifteen (15) feet in height. The materials of this fence are limited to open style netting with black support posts or beams no closer than five (5) feet apart.
4. Theme Walls. Theme walls shall comply with all regulations applicable to fences, except to the extent such regulations conflict with the requirements of this Subsection, in which case the requirements of this Subsection shall control
   1. Any developer of a residential subdivision shall provide a six (6) foot theme wall adjacent to all arterial and collector streets, open space areas, and trails except as provided herein.
   2. Gates connecting to open space areas may be allowed in theme walls if approved as part of the development review process.
   3. All theme walls shall be located on private property and owned by the owner of such private property or by a homeowners' association, unless the City agrees otherwise by way of a condition of approval during the development review process or recorded agreement.
   4. Materials and Design
      1. Permitted Materials: Precast concrete, concrete, masonry block, brick, stone, or a similar solid, durable material of equal or better quality. Accent landscaping and design elements such as stone veneer, brick, planters, marble, rock, decorative pilasters, decorative caps, stone or tile insets, or other significant design features are also permitted.
      2. Prohibited: Vinyl, wood, chain link.
      3. All theme walls between different uses shall provide columns every fifty (50) feet to provide variety and visual interest. Said columns shall extend a minimum of six (6) inches from the face of the theme wall and be architecturally enhanced as required above.
      4. Theme walls and gates shall be privacy fencing, provided that theme walls and gates adjacent to open space and trails shall meet the requirements of Subsection 3(c)(iii).
   5. Maintenance and Reconstruction
      1. The Owner of the theme wall shall maintain the theme wall in reasonably good and safe condition.
      2. Any reconstruction of the theme wall shall conform to the theme wall design approved as part of the development review process, unless a different design is approved by the City Council.
5.  Screen Walls. Screen walls shall comply with all regulations applicable to fences, except to the extent such regulations conflict with the requirements of this Subsection, in which case the requirements of this Subsection shall control
   1. The developer of any residential development with a density greater than six (6) units per acre which abut any R-1-40, R-1-30, R-1-20, or A-1 district must provide a screen wall with a minimum height of six (6) feet along the abutting property line.
   2. The developer of any nonresidential use that abuts any residential district must provide a screen wall with a minimum height of six (6) feet along the abutting property line. Any loading docks within one hundred (100) feet of a residential district must have a separate eight (8) foot high screen wall of similar materials compatible with the building design to screen the dock areas.
   3. All outdoor storage areas shall have a six (6) foot screen wall as required in this section.
   4. Materials and Design
      1. Permitted: Precast concrete, concrete, masonry block, brick, stone, or a similar solid, durable material of equal or better-quality. Accent landscaping and design elements such as stone veneer, brick, planters, marble, rock, decorative pilasters, decorative caps, stone or tile insets, or other significant design features.
      2. Prohibited: Vinyl, wood, chain link.
      3. If a screen wall is erected as an enclosure, a gate of equal height shall be required in order to secure the enclosure. The gate shall be privacy fencing and shall be compatible with the design of the building(s).
      4. Screen walls and gates shall be privacy fencing, provided that screen walls adjacent to open space and trails shall meet the requirements of Subsection 3(c)(iii).
6.  Retaining Walls
   1. A retaining wall within the front setback shall be a minimum of ten (10) feet from the front property line and shall not exceed four (4) feet in exposed height. The maximum height of a retaining wall in any other location is six (6) feet exposed height. A retaining wall shall be set back a minimum of fourteen (14) feet from the back of curb on all sides that abut a street.
   2. Retaining walls for daylight basements or window wells have a maximum exposed height of eleven (11) feet.
   3. Retaining walls shall not be placed any closer to another retaining wall than at a ratio of one foot horizontal to one foot vertical height of the wall, measured from the back side of the lower wall to the front side of the higher wall.
   4. Fences and Retaining Walls: Fences on or adjacent to retaining walls are subject to the following regulations:
      1. Privacy fences are permitted to be on the same vertical plane as a retaining wall, provided that the privacy fence and retaining wall may not exceed eight (8) feet in height measured from the finished grade of the lower property. If a privacy fence and retaining wall would exceed eight (8) feet in height, measured from the finished grade of the lower property, the privacy fence shall be set back at least four (4) feet from the back side of the retaining wall. Under no event may the height of a privacy fence exceed six (6) feet measured from the finished grade of the higher property.
      2. Open style fences are permitted to be on the same vertical plane as a retaining wall. The height of an open style fence may not exceed six (6) feet measured from the finished grade of the higher property.
   5. Retaining walls shall not be permitted within public utility easements without city approval, and no approval will be granted where a storm drain, culinary water line, pressurized irrigation line, or sewer line is installed or may be installed in the near future.
   6. Retaining walls require a building permit if there is a four (4) foot difference between the grades on either side of the retaining wall or the retaining wall supports a surcharge, per building code.
   7. The application for a building permit for a retaining wall must include:
      1. a stamped engineered plan from a licensed engineer.
      2. a drainage plan which provides for containment of run-off water on site or discharged to a City approved location.
      3. plans for a conduit as required by the City Engineer if the retaining wall is to be constructed within the public utility easement where utilities do not exist. The property owner shall be financially responsible for the removal or reconstruction of a retaining wall in a public utility easement if the easement is needed per Utah State law.
7.  Public and Utility Fencing and Retaining Walls.
   1. Fences for Highland City, other public entities, and public utilities may be chain link.
   2. Fences and retaining walls for Highland City, other public entities, and public utilities may deviate from the standards set forth in this Chapter for the benefit of the public and public resources with the approval of the Land Use Authority.
   3. Fences for non-Highland City public entities and utilities are required to be open style fencing along trail corridors that are less than thirty (30) feet wide
   4. Nothing herein shall exempt non-Highland City entities from applying for and obtaining City approval of fences and retaining walls prior to construction .

(Amended: 9/15/98,11/2/99, 12/7/99, 6/5/01, 10/2/01, 6/17/03, 5/3/05, 4/4/06, 10/3/06, 5/15/07, Ord #2010-18 11/3/10))

Any person desiring a home-occupation permit, as provided in this Section, shall file an application with the City Treasurer.  For preschools, daycares, or in-home instruction requirements, refer to permitted uses and associated regulations in the applicable residential zone.

1. All home occupations, shall be permitted only subject to and shall at all times comply with the following conditions.
   
   1. Home occupations shall be permitted in any residential unit.
      
   2. The home occupation shall be conducted entirely within the main dwelling, including an attached garage.
      
   3. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the building from that of a dwelling.
      
   4. The total area devoted to the home occupation shall not exceed 25% of the dwelling, including an attached garage.
      
   5. The home occupation shall be registered with and licensed by the business license division of the City and with all applicable state agencies. A separate license must be obtained for each branch establishment, or separate place of business, in which the business, trade, calling, profession or occupation is carried on, and for each separate kind of business, trade, calling, profession or occupation and each license shall authorize that business, trade, calling, profession or occupation described in such license, and only at the location or place of business which is indicated thereby.
      
   6. Entrance from the outside to the area of the dwelling used for the home occupation shall be the same entrance normally used by the residing family, except when otherwise required by the Utah State Department of Health or other state agency.
      
   7. The physical appearance of the dwelling, amount of traffic and parking, and other activities generated by the home occupation shall not be contrary to the intent of the zone in which the home occupation is located. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.
      
   8. The home occupation shall, and the structure in which it is conducted shall, comply with all fire, building, plumbing, electrical and health codes.
      
   9. The home occupation shall not be associated with nor produce odor, fumes, dust, light, glare, color, design, materials, construction, lighting, sounds, noises, vibrations, including interference with radio or television reception, that may be discernible beyond the premises, or which disturb the peace and quiet of the neighborhood.
      
   10. All maintenance or service vehicles and equipment, or any vehicle bearing any advertising related to the home occupation shall be garaged or stored entirely within the building or structure, or entirely behind the dwelling, out of view of the street.
       
   11. Home occupations may be permitted for residents that also contain basement apartments if determined by the City Administrator not to create undue burden upon residents of the immediate area.
       
2. Any permit issued pursuant to this Section may be revoked by the Zoning Administrator for failure of the holder of the permit to comply with the foregoing conditions. The Zoning Administrator shall likewise refuse to grant a renewal of such a permit for failure of the holder to comply with the foregoing conditions.
   
3. The revocation or refusal to grant or renew a permit may be appealed to the Appeal Authority. Likewise, any aggrieved party may appeal to the Appeal Authority from the Zoning Administrator's decision to grant a renewal of such a permit.
   
4. All home occupation permits issued pursuant to this Section shall be valid for a period of one year. The license year shall commence on July 1 and expire on June 30 of each year. Thereafter, all home-occupation permits shall be issued and renewed only in accordance with this Section, except as such use may be a nonconforming use which is allowed to continue by Section 3 201.
   
5. The City Council shall by resolution or ordinance fix the amount of license fees and the terms and conditions thereof, copies of which shall be available for public inspection at the office of the city Zoning Administrator. 
   
6. All applications for the issuance of a home-occupation permit shall be accompanied by an application fee in such amount as may be specified by the City’s standard fee schedule established from time to time by resolution of the City Council. Such fee shall be in addition to any business license fee which may be required by other provisions of this Code. If the combined offsite impact of the home occupation and the primary residential use alone, a fee in such amount as may be specified by the City's standard fee schedule may be required.
7. The applicant shall be required to notify by letter all residents within a three hundred foot 300’ radius of the property lines of their request for a home occupation license if customers visit the home. The applicant shall provide a legible vicinity map indicating the exact location of their property and each property within 1/4 mile (1,320 feet). The map shall include the address of the subject property.
   
8. The Zoning Administrator may, upon application, grant a home occupation license which shall state the home occupation permitted, the conditions attached thereto, and any time limitations imposed thereon. The license shall not be issued unless the Zoning Administrator finds the applicant is in compliance with each one of the conditions listed in City Codes and State Law, and that the applicant has agreed in writing to comply with all said conditions. All certificates of license shall be signed by the City Administrator and attested to by the Zoning Administrator.
   

(Amended: 7/6/99, 7/18/2000, 5/2/06, 9/2/08)

1. The Building Inspector shall require, prior to issuance of the building permit, that the applicant post with the City a Bond for the protection of the cities offsite improvements. Said bond will be released after occupancy and an inspection has been conducted to insure that no damage is evident in the improvements.

Where uncertainty exists as to the boundary of any Zone, the following rules shall apply:

1. Where the zone boundary is indicated as being approximately upon the center line of a street, alley or block, or along a property line, then unless otherwise definitely indicated on the map, the center line of such street, alley, or block, or such property line shall be so construed to be the boundary of such Zone.
   
2. Whenever such boundary line of such Zone is indicated as being approximately at the line of any river, irrigation canal, or other waterway or railroad right-of-way, or public park or other public land or any section line, then in such case the center of such stream, canal, or waterway, or of such railroad right-of-way or the boundary line of such public land or such section line shall be deemed to be the boundary of such Zone.
   
3. Where such Zone boundary lines cannot be determined by the above rules, their location may be found by the use of the scale appearing upon the Zoning Map.
   
4. Where the application of the above rules does not clarify the Zone boundary location, the Board of Adjustment shall interpret the Map.
   

Model homes used for the sale of homes/lots within a subdivision in Highland are a permitted use in all residential zones, provided that the model home conforms to the following requirements:

1. The maximum number of personnel shall not exceed three (3) at any given time. not including visitors.
2. All parking and traffic created by the use must follow typical traffic laws. with the same number of off-street parking spaces provided with the model home as required for other similar residential units within the zone.
3. Signage shall be regulated by the existing sign ordinance.
4. Outdoor lighting shall be limited to outdoor and landscape lighting permitted in a residential setting as defined in the Municipal Code.
5. A model home shall operate only between the hours of 7:00 a.m. to 9:00 p.m. Monday through Saturday.
6. Model homes shall obtain a business license and follow typical business license regulations that are not specified in this Code.
7. If any portion of the model home is used as a sales office or for other commercial purposes, such portion shall comply with applicable ADA requirements.
8. Garages used as sales offices shall be conve1ted back before occupancy is permitted.
9. All homes permitted under this section shall have a final inspection prior to conversion as a residential use.
10. No model home use shall exceed two (2) years. An extension may be approved by the Zoning Administrator if it is determined not to create an undue burden upon residents of the immediate area and the applicant is actively marketing homes/lots related to the model home within Highland.

(Amended: April 11, 1995) 

All development, redevelopment, and construction shall conform to all current building and fire codes, including all adopted appendices thereof.

All park strip areas, the area between the sidewalk and the curb, shall be landscaped and maintained by the property owner directly adjacent to that sidewalk using Xeriscape or water-wise methods as defined in Chapter 10 Definitions. Lawn shall not be installed in park strips.

1. Vegetation such as grasses, flowers, ground covers and shrubs shall not exceed 22-inches in height. Vegetation shall not include weeds identified on the State of Utah Department of Agriculture and Food Designated Noxious Weed List for Colorado (CO), Idaho (ID), Kansas (KS), Montana (MT), Nebraska (NE), North Dakota (ND), South Dakota (SD), Utah (UT), Wyoming (WY) but may include approved drought tolerant plants.
2. The park strip may be covered with non-living material such as wood chips or decorative landscaping rocks (rock diameter of one inch minimum and six inches maximum) if commonly practiced xeriscape landscaping procedures are followed.
3. Trees planted in the park strip may be separated by non-living materials only if a water source is available at each tree (not from a hose, or above ground sprinkler). 
4. Only trees from the city approved Class I Trees list may be planted within a park strip. See Section 2.36.160(J) Tree Class Divisions in the Highland City Municipal Code for the permitted Class I trees.
5. The seller of a newly constructed residence shall inform the first buyer of the residence of the water wise and xeriscaping requirements for park strips.
   

(Amended: 6/18/02, 8/21/07) 

Public, Private and Individual Utilities shall be regulated and governed as indicated below. Objects that are placed upon an individual lot for the sole purpose of serving that individual property are exempt from locating within a Public Utility Zone.

1. Above-Ground. Any above ground device or structure of a culinary water, irrigation, reservoir, or private utility system not owned or operated by Highland City or controlled on Highland City owned property, which is intended to regulate the function of a storage device or distribution line or which receives or transmits a signal, shall only be located within the Public Utility Zone (Article 3-4.10 in this Code) and shall be required to obtain a Conditional Use Permit prior to installation. Any above ground device or structure of a culinary water, irrigation, reservoir, or other utility system owned or operated by Highland City or other similar municipal public utility controlled on property owned by Highland City, which is intended to regulate the function of a storage device or distribution line or which receives or transmits a signal, shall be required to first obtain a Conditional Use Permit prior to installation. 
   
   1. Exception. The replacement or repair of existing above ground transmission power lines or distribution power lines require a Conditional Use Permit but are not required to be within a Public Utility Zone. All new distribution power lines (less than 34 kV) which may be constructed shall be installed under-ground. Emergency replacement of power poles and or lines does not require compliance with this section of the code. It shall be a requirement that replacement power lines and poles shall be placed in a location that is consistent with the transportation element of the Highland City General Plan, unless the City Council determines that placement in said location is not in the best interest of the City. This exception does not apply to telecommunication facilities (Municipal Code; Chapter 13.44). 
      
2. Under-Ground. Any landscape or structure removed during installation of an under-ground utility or utility system shall be restored to original condition or replaced accordingly (consistent with State Law). The replacement or repair of existing under ground utilities shall not be required to be within a Public Utility Zone however the installation of any new facilities shall be required to first obtain a Conditional Use Permit prior to construction.
   
3. Individual Utilities. Individual utilities that are placed upon an individual lot for the sole purpose of serving that individual property and not for creating profit or for commercial purposes are not required to obtain a Conditional Use Permit. Individual Utilities are not permitted to locate within a Public Utility Zone. Individual utilities include: 
   
   1. Lot Improvements. Utility, irrigation, and sewer lines associated with individual building permits connecting individual residences or commercial users to an existing distribution line. 
      
   2. Antennas. (including: single user transmitters, receivers, antenna facilities and other types of installation used for the provision of personal wireless services, personal Satellite dish receiving antennas eighteen inches or less in diameter, personal television broadcast receiving antennas, personal radio broadcast receiving antennas, personal amateur radio antennas used for receiving and transmitting)
      
   3. Location. Antennas shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal (the City does not enforce subdivision requirements which may require additional restrictions on the placement of personal antennas). In such case such antennas may be placed anywhere on the lot except within a public utility easement. Proof of the inability to receive an acceptable quality signal shall be provided to the Zoning Administrator upon request.
      
   4. Height. The vertical apex of the receiving device shall not exceed the greater of the Zone Height Limit or twenty (20) feet in height from ground level.
      
4. Alternative Energy Conversion Systems. Individual alternative energy conversion systems that are placed upon an individual lot for the sole purpose of serving that individual property and not for creating profit or for commercial purposes are not required to locate within a Public Utility Zone. Individual alternative energy conversion systems include:
   
   1. General Requirements. 
      
      1. Safety. There shall be sufficient safety measures in place established by the property owner to prevent any alternative energy towers from becoming a climbing hazard or from twisting or falling over due to natural events. 
         
         1. Emergency Procedure Sign. Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three (3) feet of the meter panel and visible from the meter panel.
            
         2. Existing Power Line Facility. The applicant shall obtain approval from the local power company indicating that the proposed location for the tower(s) will not interfere with existing electric utility facilities. 
            
      2. Net Metering. Net metering or interconnect systems shall meet any cost or regulation required by the local power company’s guidelines.
         
      3. Trees. It is not recommended that trees are removed or destroyed for the purposes of better access for alternative energy. 
         
      4. Guy Wires. Alternative Energy Facilities shall not use guy wires or other similar peripheral supporting devices in order to provide structural support but shall be installed upon one independent pole that is adequately engineered to support that system. 
         
      5. Building Permit. All Ground Mounted Alternative Energy Facilities (GMAEF) shall be required to include the following information:
         
         1. All GMAEF applications and plans shall be stamped by a qualified engineer identifying each specific site indicating that the tower will withstand a minimum of a 100 m.p.h. wind load; and
            
         2. The qualified engineer, or his designee, shall be present during installation and verify in writing that the construction of the tower meets or exceeds the minimum wind load and/or requirements as indicated within the submitted plans; and
            
         3. Manufacturer specifications for components and installation shall be required with each application; and
            
         4. Net metering locations and connection details; and
            
         5. The application shall include a detailed site plan showing the location of the proposed tower with elevations; and
            
         6. GMAEF must comply with applicable Federal Aviation Administration (FAA) regulations; and
            
         7. All other information required to be submitted and inspected by the current International Building Code related to the specific alternative energy facility proposed.
            
      6. Abandonment. If an alternative energy facility is not functional, operational or maintained for a period of one (1) year then the owner shall have the facility immediately removed from the property.
         
   2. Roof Mount Solar Energy System. A roof mounted solar system may be installed upon the roof of the primary structure or an accessory structure within any zone. 
      
      1. Sloped Roof. On a sloped surface, in no instance shall any part of the system extend beyond the lower or upper roofline. Panels shall not exceed more than one (1’) foot in height measured from the finished roof to the top of the panel. 
         
      2. Flat Roof. On a flat surface, panels shall be set back a minimum of five (5’) feet. 
         
   3. Ground Mount Solar Energy System (GMSES). Ground mounted solar systems are permitted within all commercial zones and only permitted within a residential zone if the following applies:
      
      1. Number. Each homeowner may install one (1) Ground Mount Solar Energy System on their lot based upon the size of the lot as follows:
         
         1. Lots 20,000 square feet or less may have one (1) ground mounted alternative energy facility installed on that property; and
            
         2. Lots between 20,000 – 40,000 square feet may have two (2) ground mounted alternative energy facilities installed on that property; and
            
         3. A property owner may install one (1) additional ground mounted alternative energy facility for each additional acre above 40,000 square feet.
            
      2. Rear Yard. All GMSES shall not be located within the minimum front yard setback of any lot, nor within the minimum side yard setback facing a street on a corner lot, nor on the roof of a residential structure; and
         
      3. Height. The height of the system is not to exceed twenty-two feet (22’) in height at its maximum peak; and
         
      4. Setbacks. In all cases the minimum setback shall be no less than ten feet from a property line, and one-hundred ten percent (110%) of the height of the solar facility from all overhead utility lines; and
         
      5. Density. The GMSES shall be considered an accessory structure when determining the size within a residential lot. The GMSES combined with any accessory structures shall not exceed five percent (5%) of the size of the lot.
         
   4. Small Wind Energy Conversion Systems (SWECS). A SWECS shall be any wind tower and wind generator that is specifically constructed as an individual utility as specifically defined in this ordinance. A small wind energy conversion system (SWECS) shall not be permitted that is designed without an automatic braking, governing, or managing system for the purpose of preventing uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotator blades, and turbine components. The following regulations shall apply to all small wind energy conversion systems:
      
      1. Number. Each homeowner may install one (1) Small Wind Energy Conversion System on their lot.
         
         1. Lots 20,000 square feet or less may have one (1) ground mounted alternative energy facility installed on that property; and
            
         2. Lots between 20,000 – 40,000 square feet may have two (2) ground mounted alternative energy facilities installed on that property; and
            
         3. A property owner may install one (1) additional ground mounted alternative energy facility for each additional acre above 40,000 square feet. 
            
      2. Setbacks. Except as provided for in this ordinance, no portion of the SWECS shall be set back a distance no less than fifty percent (50%) of the total height from a property line, and one hundred ten percent (110%) of the tower height plus the turbine blade length from all overhead utility lines, dwellings, and roads. The setback from any structures on adjacent property shall be one hundred ten percent (110%) of the tower height plus the turbine blade length. 
      3. Location. No part of the SWECS shall be located within the minimum front yard setback of any lot, nor within the minimum side yard setback facing a street on a corner lot, nor on the roof of a residential structure. 
         
      4. Height. A SWECS may not exceed a total of fifty-two feet (52’) in height from grade to the highest point of the facility including the generator and turbine blades.
         
         1. The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet as measured at the lowest point of the arc of the blades.
            
      5. Material. SWECS towers shall maintain either a galvanized steel finish or a finish in a color approved by the Home Owner’s Association/Architectural Approval Board of the subdivision the property is located in (if one exists) and City Council as part of the Conditional Use Permit Process, and shall not be artificially lighted unless required by the FAA. 
         
      6. Noise. SWECS shall not exceed sixty (60) decibels as measured at the closest property line except during short term severe wind events. A manufacturer’s sound report shall be required with an application for a small wind energy system. 
         
   5. Roof Mount Wind System. Roof mount wind energy conversion systems are prohibited in residential zones but are permitted in commercial zones on a flat roof however each facility shall be set back a minimum of five (5’) feet from the roofline. 
      
   6. Additional Standards. The Zoning Administrator or City Council may require additional conditions to mitigate potential impacts including but not limited to the following:
      
      1. Additional landscaping along an affected property line not exceeding ten feet (10’) in height to help mitigate any visual or other impact created by the new facility; and
         
      2. Painting, coloring, and other agreed upon method of concealing the material the pole is constructed from to mitigate any visual or other impact created by the new facility; and
         
      3. Increased engineering stability and construction requirements exceeding the above specifications may be included if it is proven that the requirements above are not adequate for a specific location; and
         
      4. The City may require the facility to be reasonably moved within the property boundary to help mitigate aesthetic concerns of adjacent property owners only if it does not negatively affect the power output of the facility significantly.
         
   7. Conditional Use Permit Requirements for Alternative Energy. If the minimum standards defined herein cannot be met, a conditional use permit shall be required.
      

(Ord: #2010-16, 10/05/2010) (Amended: 11/11/03, 4/20/04, 8/6/04) 

In addition to regulating uses, which are permanent in nature, it is the intent of this section to provide for certain temporary uses for limited periods of time. The purpose of this section is to establish the standards, regulations, procedures, and review criteria, which shall be used when considering an application for a temporary use permit. 

1. General Regulations.
   
   1. No temporary use permit shall be granted until adequate assurances have been provided ensuring compliance with the provisions of this section and all other applicable city codes.
      
   2. Temporary uses shall be consistent with the intent and purpose of this section and not to be detrimental to surrounding properties.
      
   3. Temporary uses shall obtain a Highland City business license.
      
   4. Temporary uses shall only be permitted in the C-1, CR, and the Town Center Overlay zoning districts. Temporary Uses are prohibited in residentially zoned areas except those with certain institutional uses, regardless of the zoning designation, and produce stands when located on intersecting arterial streets and the intersection of arterial streets and minor or major collector streets. These institutional uses include, but are not limited to: public or quasi public sites, city parks, city buildings, and public schools.
      
2. Permitted Temporary Uses. The following uses shall be permitted upon receiving the appropriate approvals and the granting of a temporary use permit by the city.
   
   1. Christmas tree sales, snow shacks, produce stands, firework stands, or similar seasonally related events;
      
   2. Off-site commercial sales events;
      
   3. Temporary retail sales;
      
   4. Such other uses as the city may deem to be within the intent and purpose of this section.
      
3. Application Process, Fees, Noticing. Application for a temporary use permit shall be made on forms obtained from the Zoning Administrator. Application for a temporary use permit shall be made by the property owner of a duly authorized agent and a filing fee shall be shall be charged and collected at the time of application submittal. The Zoning Administrator may require additional information deemed necessary to understand the application.
   
   1. Those temporary uses which meet the following criteria in the opinion of the city do not require posting and may be approved subject to the appropriate conditions. The criteria are as follows:
      
      1. The use and/or structure complies with all applicable codes and ordinances;
         
      2. The use and/or structure does not interfere with pedestrian access ways, fire lanes, driveways, landscaped areas, or traffic visibility at driveways or street intersections;
         
      3. The use and/or structures are compatible with surrounding land uses;
         
      4. Parking on the property is adequate to serve any existing permanent use and the temporary use; and
         
      5. The temporary use shall only be conducted between the hours of 7:00 a.m. and 11:00 p.m.
         
   2. Those temporary uses which do not meet the above criteria in the opinion of the Zoning Administrator, shall be posted by the city for public notification within five (5) working days following application submittal and shall be subject to the appropriate conditions.
      
   3. Application for a temporary use permit shall be reviewed by the Zoning Administrator who shall approve, conditionally approve, or disapprove such application no sooner than five (5) and no later than eight (8) working days from the date of posting where applicable and no later than three (3) working days from receipt of application when no posting is required. 
      
   4. An application for a temporary use shall only be approved if the Zoning Administrator finds that it meets the requirements herein.
      
   5. Approval may be made subject to further conditions deemed necessary to assure that all adverse impacts to the surrounding properties are minimized to the fullest extent possible. Conditions to be considered may include, but are not be limited to, the following:
      
      1. Regulation of parking, dust control measures and site lighting;
         
      2. Regulation of hours of operation;
         
      3. Regulation of site ingress and egress;
         
      4. Assurance of compliance with building, fire, electrical and all other appropriate codes; and
         
      5. Such other conditions deemed necessary to carry out the intent and purpose of this section.
         
   6. The city shall notify the applicant of the decision in writing and shall state any conditions for approval or reasons for denial on said letter.
      
   7. All temporary use permit approvals shall be made subject to a time limit as set forth by the city. In no event shall a temporary use permit be granted for longer than six (6) months. Upon expiration of the time limit set forth at the time of approval, any continuation of the use shall require the submittal and approval of a new application.
      
   8. Upon expiration of any temporary use permit, any permit holder wanting to extend the length of the permit shall be required to re-apply for a new temporary use permit. Temporary use permit renewals shall be approved for a period not to exceed three (3) months. All temporary uses lasting six (6) weeks or over shall not be renewed more than once within a one-year period.
      
   9. Upon cessation of the use or expiration of the permit, whichever occurs first, the premises will be promptly cleaned and restored to substantially the same condition existing prior to commencement of such use.
      
4. Appeals. Upon receiving notification of the decision, the applicant, any citizen or any party in interest, aggrieved by the decision may file with the city a written notice of appeal to the Planning Commission within seven (7) calendar days of the decision. Upon appeal, all material in the matter shall be filed by the city with the Planning Commission. The Commission may then review the case and based upon the information, uphold the action of the staff, remand the matter back to staff with instructions for further review or overturn the action of the staff. The Commission’s decision shall be limited to whether or not the proposed use meets the criteria set forth in this section.
   

(Ord #2011-TBD, 3/01/11)

An accessory dwelling unit is a room or set of rooms in a single-family home in a single-family zone that has been designed or configured to be used as a separate dwelling unit, which has a separate kitchen, living/sleeping area, and sanitation facilities, and has been established by permit. If the renting/subleasing of the unit is for a period of less than thirty (30) consecutive days, it is considered a short term rental and requires a business license. See Chapter 5.24 in the Municipal Code for the regulating of short term rentals.

Accessory Dwelling Units shall meet the following requirements:

1. Accessory dwelling units shall only be permitted in single family homes that are owner occupied, on lots with at least 6,000 square feet, and served by adequate public facilities.
2. Accessory dwelling units shall not be permitted in detached accessory buildings.
3. A minimum of one (1) off-street parking space shall be provided for the accessory dwelling unit in addition to any other required parking spaces for the home. Any required parking spaces contained within a carport or garage that are lost due to the creation of the accessory dwelling unit shall be replaced or otherwise provided for through off-street parking.
4. The minimum 70% front yard landscaping as defined in Section 3-4107 and 3-621, Highland City Development Code shall be provided.
5. No more than one (1) accessory dwelling units shall be permitted for each single family home.
6. The unit and home shall be modified to meet all fire, safety, health and building codes as required by the Building Official and Fire Marshall.
7. The front of the home shall not be modified in any form that will give the appearance that separate units are incorporated within the home including except separate addresses and mailboxes.
8. The primary entrance for the accessory dwelling units shall be provided for from the rear of the home; a side entrance is allowable in the event that the entrance is camouflaged by property fencing or landscaping and is not visible from the street.
9. Separate utility meters of the home and accessory dwelling unit are not permitted.
   
10. Applications for Accessory Dwelling Units shall be made in the Community Development Department on an application form with required documentation and accompanied with appropriate fees as required. All Accessory Dwelling Units shall be subject to review and approval by the Land Use Authority. The Land Use Authority may record a notice of approval for the accessory dwelling unit with the county recorder as provided by state law.
11. The City may enforce these requirements through any means available to the City, including by recordation of a lien in accordance with state law.
    

1. A shipping container is a reusable container designed for intermodal freight or other commercial transportation.
2. Shipping containers that are kept or used on a property for longer than 60 days shall meet the following regulations:
   1. Shipping containers may only be permitted in the R-1-40, R-1-30, and R-1-20 Districts.
   2. Shipping containers shall meet the accessory structure regulations for the applicable zone.
   3. Building permits are required for shipping containers larger than 200 square feet or that require electrical, plumbing, or other utilities.
   4. Shipping containers may not be stacked vertically.
   5. Shipping containers shall be set back at least ten feet (10') from the front of the home,
   6. Shipping containers shall be painted a color consistent with that of the main dwelling.
   7. Shipping containers are prohibited on lots without a home, except for municipal uses.

1. Driveways and other accesses that provide vehicular access from a public or private road shall conform to all requirements of the applicable zoning district, the clear view requirements set forth in Section 3-610, and the city’s adopted engineering, design, and construction standards and specifications.
2. Driveways and other accesses that provide vehicular access from a public or private road shall be planned and designed in connection with any site plan or building permit that requires or necessitates the driveway or access.
3. Driveways and other accesses that provide vehicular access from a public or private road shall not be permitted to cross or be constructed upon a landscape easement, parkway detail, conservation or open space area, or any land reserved or dedicated for stormwater, drainage, or flood control purposes.
4. After January 1, 2024, no new driveways or other accesses that provide vehicular access from a public or private road to a property shall be permitted to connect to the following roads:
   1. Highland Boulevard
   2. 4800 West from SR-92 north to Highland City boundary
   3. 11800 North
   4. 6800 West from 9600 North south to Highland City boundary

A swimming pool is a semi-permanent or permanent structure that is constructed to hold water that can be entered and used for recreational purposes, including pools and spas as defined by the currently adopted International Pool and Spa Code. A pool that could be installed by the typical homeowner and may be packaged as a kit, or a pool that is erected for temporary use of less than one year, is not considered a swimming pool. Swimming pools in all zones are subject to the following requirements:

1. Swimming pools may be installed only in zones that expressly authorize the installation of swimming pools.
2. Any structural portion of a swimming pool shall not be permitted within an easement of any kind.
3. Pools that are enclosed or covered within a permanent structure other than the main or primary building on the property, and pool facilities, equipment, and enhancements, such as slides, water features, and diving boards, shall be considered accessory structures and shall be subject to all regulations related to accessory structures of the applicable zone.
   1. For the purposes of this section only, a “permanent structure” shall be considered any structure or landscaping object exceeding one-hundred twenty (120) square feet in size or exceeding fourteen (14) feet in height constructed for the purpose of enhancing the swimming pool or pool equipment facilities.
4. Swimming pool setback requirements are measured to the inside wall of the swimming pool, and are as follows:
   1. Front Yard: Thirty-one feet (31’), or consistent with the primary building, whichever is greater.
   2. Rear Yard: Eleven feet (11’).
   3. Side Yard: Eleven feet (11’).
   4. Side Yard Adjacent to a Street: Eleven feet (11’) (fence is permitted 5’ from property line).
   5. Trail or Landscape Easement: Eleven feet (11’) measured from nearest easement line.
5. The rear and side yard setbacks, not adjacent to a street or to a trail or landscape easement, may be reduced a minimum setback of six feet (6’) if each of the following requirements are satisfied:
   1. There are no utility easements within the pool or setback area or such easements are vacated.
   2. The property owner obtains a survey of the property and setback lines.
   3. There are no structures, retaining walls, utility facilities, sensitive lands as defined by Chapter 8, or any other feature or improvement within 10 feet of either side of the relevant property line that may be affected by the excavation and installation of the swimming pool.
   4. No access or work is permitted on the neighboring property without the neighboring property owner's written authorization.
   5. No pool facility, equipment, or enhancement is permitted between the pool and the property line. Any structure sheltering pool equipment or utilities must be set back at least ten feet away from the property line.
   6. A soil stabilization plan is required to prevent soil collapse during excavation and construction.
6. All outdoor swimming pools shall be enclosed with a fence and gates or equipped an automated safety cover, as required by the currently adopted International Pool and Spa Code.
7. All permanent swimming pools shall require a building permit.