1. The objective in establishing the R 1 20 Residential Zone is to support a medium low density residential environment within the City which is characterized by large lots, well-spaced buildings, well kept lawns, trees and other landscaping with the nature of the environment substantially undisturbed, a minimum of vehicular traffic, and quiet residential conditions favorable for family life. In addition the following reasons for the establishment and use of the R-1-20 Zone are outlined:
   
   1. To create transitional areas on the periphery of the City between higher density zones in adjacent cities and Highland's lower density zones.
      
   2. To establish transitions between existing higher density areas in Highland and lower density areas where practical.
      
   3. To better manage land use on properties not as well suited to the lower density zones in the City.
      
   4. To create a distinction between areas with residents wanting large animals and those who do not. As well as for residents who want more land to maintain and residents who want less. 
      
2. Representative of the uses within the R 1 20 Zone are single-family dwellings, schools, churches, parks, playgrounds, and other community facilities designed in harmony with the characteristics of the Zone. (see section 5-128)
   
3. Multi family dwellings (with the exception of approved accessory dwelling unit as defined within Section 3-624 of this Code), commercial and industrial use areas are strictly prohibited in this Zone.
   

(Amended 10/7/08)

The following buildings, structures, and uses of land shall be permitted in the R-1-20 Zone upon compliance with requirements set forth in this Code:

1. Single-family dwellings, conventional construction, which include a garage of sufficient size for storage of two automobiles (see 10-102(16) for definition of Dwelling).
   
2. Accessory uses such as storage buildings, private garages, carports, noncommercial greenhouses, and swimming pools.
   
3. Public utility lines and subject to 5-114(6).
   
4. Household pets.
   
5. Fences, walls, hedges.
   
6. Gardens, fruit trees.
   
7. Keeping of animals subject to the following requirements:
   
   1. All large animals kept in this zone shall be subject to conditions listed in paragraph 3-4102 (9)(a) (b) & (d). As long as lot sizes are consistent with R-1-40 zone for large animals, then large animals will be continued as grand fathered rights not to be diminished.
      
   2. No small animal shall be kept on a lot of less than 14,000 square feet. Small animals shall be kept a minimum of twenty (20) feet from any residential structure. No more than twelve (12) small animals shall be kept per 14,000 square feet of lot area.
      
   3. In determining the number of animals allowed on any lot based on its area, no proration of numbers shall be allowed within the area increments specified in this paragraph.
      
   4. Pigs shall not be kept on any lot. 
      
   5. Chickens are permitted on lots less than 14,000 square feet subject to the following conditions:
      
      1. The maximum number of chickens above the age of 6 months shall be as follows:
         
         

         Minimum Lot Area (square feet)	Maximum Number of Chickens
         = 10,000	6

      2. All sheds, coops, hutches, or similar structures used for the housing of chickens shall be at minimum of twenty (20) feet from any adjacent neighboring residences. The structure shall be cleaned regularly to prevent offensive odors from becoming a nuisance as determined by the Animal Control Officer.
         
      3. The coop or similar structures for the housing of chickens shall have a minimum floor are of at least two (2) square feet per chicken. However, if chickens are not allowed to roam within an enclosed rear yard, the coop shall a minimum floor area of six (6) square feet per chicken. All coops or similar structures for the housing of chickens shall be predator resistant.
         
      4. Chickens shall not be permitted to roam free unless enclosed in a rear yard.
         
      5. Roosters are prohibited on lots less than 14,000 square feet.
         
         (Ord#: 2012-06; 4/03/12)
         
8. Residential facilities for persons with a disability; please refer to Section 3-4102(8) and 3-4102(10) in this Code.
   
9. Residential facilities for the rehabilitation and treatment of the disabled; please refer to Section 3-4102(9) and 3-4102(10) in this Code.
   
10. Residential facilities for elderly persons; please refer to Section 3-4102(11) and 3-4102(12) in this Code.
11. Accessory Dwelling Units for residential property; please refer to Article 6, Section 3-624, Supplementary Regulations in this Code.
12. Public buildings and grounds, including maintenance buildings, storage yards, storage structures, and repair shops.
13. Public parks and open space including appurtenances primarily associated with a public park as follows: playground equipment, pavilions, restrooms, temporary restrooms, benches, tables, outdoor athletic courts, outdoor athletic fields, outdoor sand pits, permanent barbeque pits/stands, and permanent accessory buildings associated with the maintenance of those grounds (if smaller than 1800 square feet (footprint), two (2) stories maximum), concessions (if associated with a sport park and attached to a restroom facility), and temporary facilities associated with temporary City held events.
14. Home Occupations please refer to Article 6, Section 3-614, Supplementary Regulations.
    
15. Daycares, preschools, or in-home instruction; please refer to Section 3-4102(17) and Section 3-4102(18) in this code.
    
16. Model Homes, Please refer to Article 6 Supplementary Regulations Section 3-617 Model Homes.
    

(Ord: #2010-09, 07/20/2010) (Amended 2/18/97, 7/15/08)

The maximum number of lots to be permitted on a subdivided property is determined by platting subdivision lots that are a minimum of 20,000 square feet in size with a minimum width of frontage along an improved public road as defined below. Right-of-way required to obtain minimum frontage requirements is not included when calculating the minimum size of a lot. Area and width requirements of a building lot in the R-1-20 Zone shall be as follows:

Use: One-single family dwelling per recorded lot
Minimum Lot Area: 20,000 Square Feet 
Minimum Width at Setback Line: 115 feet
Minimum Width at Front Property Line: 115 feet (Cul-de-sac lots, entirely located within the bulb, shall have an exception with a minimum width of 98 feet at the Setback Line required.)

(Amended:6/16/98, 6/5/01, 11/1/05, 5/15/07, 8/7/07) 

Buildings and structures on lots within the R 1 20 Zone shall be located as follows:

1. All dwellings and other main buildings and structures shall be set back not less than thirty (30) feet from the front lot line, except that a portion of a dwelling may project up to five (5) feet into the required front setback area, provided that the width of the projecting portion shall not exceed thirty (30) percent of the length of the portion of the structure facing the front setback.
2. All dwellings and other main buildings and structures shall have a combined side yard of not less than twenty-five (25) feet, with no structure closer than ten (10) feet from either side lot line ; provided, however, on nonconforming lots of record all dwellings and main building shall be set back not less than ten (10) feet from either side lot line and the combined total distance of the two side setbacks shall not be less than twenty-four (24) feet, , except that a portion of a dwelling may project up to five (5) feet into the required side setback area, provided that the width of the projecting portion shall not exceed thirty (30) percent of the length of the portion of the structure facing the side setback. Stairwells descending below grade may project up to seven (7) feet into the side yard setback but in no event shall any part of the stairwell be less than five (5) feet from the property line or located within an easement.
3. All dwellings and other main buildings and structures shall be set back not less than thirty (30) feet from the rear lot line, except that a portion of a dwelling may project up to five (5) feet into the required rear setback area, provided that the width of the projecting portion shall not exceed fifty (50) percent of the length of the portion of the structure facing the rear setback.
4. Notwithstanding any provision of this Section to the contrary, the following additional requirements shall apply to corner lots:
   1. All dwellings and other main buildings shall be set back not less than thirty (30) feet from the side lot line which abuts on a street, except that a portion of a dwelling may project up to five (5) feet into the required front setback area, provided that the width of the projecting portion shall not exceed thirty (30) percent of the width of the dwelling.
   2. The side setback required for the interior side of such lots shall be that required by paragraph (2) of this Section.
5. Anything structurally attached to the home such as a foundation wall, support posts, cantilevers, bay, bow, or box windows, a deck requiring a building permit (covered or uncovered), or a covered patio (unless cantilevered) shall be considered part of the main dwelling.
6. No part of the structure shall project into an easement of any kind.
7. Stairways shall not encroach into a front setback.

(Amended: 9/5/00, 8/1/06) 

The maximum height of any building in the R-1-20 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 R-1-20 Zone shall not exceed an average height of thirty-five (35) feet above grade of building as defined in Section 10-202(23). No building shall be constructed to less than the height of 10 feet or one story above finished grade.

(Amended: 6/7/05, 3/7/06) 

Special provisions shall apply in the R 1 20 Zone in order to protect its essential characteristics:

1. The setback required around buildings and structures shall be kept free from refuse and debris.
   
2. All buildings and uses within this zone shall comply with all applicable portions of Sections 3 601 through 3 620.
   
3. At least seventy percent (70%) of the area contained within a required front yard or side yard adjacent to a street shall be landscaped within one year of occupancy.
   
4. Park or Planter Strips. All park strip areas, between the sidewalk and the curb, are to be covered and maintained according to the requirements defined in Chapter 3, Article 6, Section 3-621 in this Code.
   
5. Sufficient off street parking shall be provided and maintained for all automobiles and recreational facilities owned or used by occupants of each dwelling.

(Amended: 6/18/02, 8/21/07)

1. The buildings, structures and uses of land described herein shall be allowed in the R-1-20 Zone upon compliance with the provisions of this Section as well as other requirements of this Code and upon obtaining a conditional use permit as specified in Chapter 4 of this Code.
2. All conditional uses shall landscape a minimum of 35% of their site and comply with parking requirements as determined by the Land Use Authority.
   
3. Authorized conditional uses:
   1. Public schools.
   2. Churches.
   3. Libraries, museums, art galleries.
   4. Nonprofit country clubs used for recreational purposes as defined in this Section by members of the club. A non-profit country club shall be limited to golf. Preparation and serving of food and/or beverages associated with golf, on property specifically associated for these uses may be approved with Conditional Use. Sale of equipment and/or supplies may be approved with the conditional Use. Preparation and serving of food and/or beverages and the sale of equipment and/or supplies shall be a secondary and ancillary use to golf. Non-profit country clubs shall have memberships and regular periodic dues associated with the country club. A minimum of 50% of the proposed property associated with a non-profit country club shall be landscaped. The proposed landscaping area shall be limited to 15% non-living material. The applicant shall submit annually to Highland City a copy of the certified annual report required by the Utah Department of Commerce.
      
      1. Applicants desiring to obtain a nonprofit country club conditional use shall provide the following information when applying for a Conditional Use:
         
         1. Legal evidence and documentation of their non-profit corporation status with the Utah State Department of Commerce; and
            
         2. Two (2) copies of detailed Architectural elevations (1/8" scale) for any structures and associated site plan (1" = 20' scale); and
            
         3. Two (2) copies of a detailed Landscaping Plan (1" = 20' scale).
   5. Wireless and other communications, masts or towers, subject to other city, state, and federal regulations.
      

(Ord: #2010-09, 07/20/2010) (Amended 2/18/97, 4/21/98, 11/3/98, 1/15/02, 6/17/03, 12/2/03, 3/2/04, 6/15/04, 6/15/04, 11/1/05, 12/2/08)

All accessory buildings within this zone shall conform to the following standards, setbacks and conditions:

1. An accessory building is any building or structure which is not attached to the main dwelling on the lot that is: 
   
   1. Greater than 200 square feet, or 
      
   2. That is attached to a permanent foundation as defined by the building code.
      
2. Size. Accessory buildings shall not cover more than seven percent (7%) of the total gross lot area. In legal non-conforming subdivisions accessory buildings shall not cover more than seven percent (7%) of the total gross lot area.
   
3. Height. No accessory building shall be erected to a height greater than twenty-five feet (25’) from grade.
   
4. Setbacks. All accessory buildings shall comply with the following setbacks:
   
   1. All accessory buildings shall be set back from the front property line a minimum of thirty feet (30') or consistent with the primary dwelling, whichever is less.
      
   2. An accessory building shall be set back from the rear property line a minimum of ten feet (10').
      
   3. All accessory buildings shall be set back from the side property line a minimum of ten feet (10').
      
      1. All accessory buildings shall be set back at minimum an amount of twenty feet (20') from the side lot line which abuts a street or twenty feet (20’) from the Parkway Detail.
         
   4. All accessory buildings shall be placed no closer than six feet (6’) from the main building. Said six feet shall be measured to the closest part of the structures including any roof overhang.
      
5. Materials. Accessory buildings shall be constructed out of exterior materials consistent with the primary dwelling if the lot is 1/2 acre or less.
   
6. Any accessory building used for a home occupation shall comply with the regulations governing a home occupation business.
   

(Ord. No., Amended, 09/05/2000; Ord. No., Amended, 01/15/2002; Ord. No., Amended, 09/17/2002; Ord. No. 2010-01, Amended, 01/05/2010)

Large animal shelter subject to section 3-4110.

(Added 12/7/04)

An athletic court is a solid playing surface constructed for recreational purposes. Athletic courts having any type of structure exceeding six feet (6’) in height including fencing and lighting shall require a building permit and shall be subject to the following requirements:

1. Any structural portion of an athletic court shall not be permitted within an easement (see exception in 3-4112(3)(f) below).
   
2. Athletic courts that are enclosed or covered within a permanent structure and are detached from the main dwelling unit shall be considered an accessory structure and shall be subject to Sections 3-4104 and 3-4109 of this Code.
   
3. Setbacks. An athletic court may cover the total lot area within a rear yard not located within an easement. Minimum setback requirements from property lines are as follows:
   
   1. Front Yard: 30’ Minimum
      
   2. Rear Yard: 10’ Minimum (see exception in 3-4112(3)(f) below)
      
   3. Side Yard: 10’ Minimum (see exception in 3-4112(3)(f) below)
      
   4. Side Yard Adjacent to Street: 10’ Minimum (see exception in 3-4112(3)(f) below)
      
   5. Trail or Landscape Easement: 10’ Minimum (measured from the nearest easement line) 
      
   6. Exception. It is not recommended that any resident/property owner construct an athletic court within a recorded easement however, if a resident provides the information listed below with their building permit for an athletic court with a fence less than six feet (6’) in height, the rear and side yard setbacks defined above would not apply and the property owner may install their athletic court within any portion of their property behind the minimum front yard setback and within a public utility easement. The required documentation for this exception is as follows: 
      
      1. Acknowledgement letters from all of the utility companies who have interest in that easement (it is important to understand the utility companies will typically not vacate or waive their right to use a recorded public utility easement); and 
         
      2. Blue stake tickets indicating any utilities within that easement; and
         
      3. A signed and notarized “hold harmless” letter indemnifying Highland from any potential future loss and acknowledgement of potential financial loss for the property owner, due to the possible use of that easement.
         
4. Fencing. All athletic courts enclosed with fencing shall be required to obtain a fence permit prior to construction. An athletic court is the only use that allows fencing enclosures above six feet (6’) in height. Fencing above six feet (6’) in height shall not exceed the fencing enclosure maximum height of twelve feet (12’). Fencing enclosures shall not be considered as part of standard property line fencing. Fencing materials for athletic courts shall consist of open mesh fabric or vinyl coated chain link without slats. Fencing for athletic courts that are less than six feet (6’) in height may be placed along a rear property line or side property line within the rear yard. In all cases, Athletic courts with fences between six feet (6’) and twelve feet (12’) in height shall be subject to 3-4112(3) in this ordinance (above).
   
5. Lighting. All athletic court lighting must be directed downward and shall not spill on to an adjacent property. The applicant shall provide evidence indicating that their light product and lighting plan will not cause light or light pollution from the athletic court light(s) to extend beyond their property line. Design and location shall be specified with the plans submitted for a building permit. Lights and light poles including the light base and any supporting structures in regards to athletic courts shall not be in excess of twenty feet (20’) in height. Light operating hours shall be restricted to 7:00 am - 10:00 pm.
   
6. Grading. All athletic court areas shall be designed, graded, and constructed to allow for drainage which meets Appendix J Section J109 of the International Building Code. In no case shall any court be designed to permit water from any source to drain onto an adjacent property or upon the public right-of-way.

(Adopted 4/7/09).