It is the purpose of this section of the Highland City Development Code to provide citizens with the services they need or desire to have in Highland City and to provide them “in a manner that will promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City.” The provisions of this ordinance shall be held to be the minimum requirements needed to promote the overall purposes of the development code as is stated in Section 1-102 and 1-103 of this code. The design guidelines provided herein for the C-R Zone have been devised as a method of achieving a high quality, cohesive design for commercial development in Highland City. These guidelines will serve as design criteria to developers, builders, engineers, architects, landscape architects and other professionals in preparing plans for construction. In addition, these articles will lend guidance to staff, the Planning Commission and the City Council in the review and evaluation of future development projects related to commercial development. There are certain key design elements which contribute significantly to the visual order and consistency of the entire commercial area. 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 overall intent of these regulations is to establish a standard for commercial development and maintenance which:
   
   1. Establishes strict standards for buffering, protection against noise and air pollution thereby minimizing undue hardships on adjacent residences and land uses.
      
   2. Promotes the overall safety, functionality, and visual attractiveness of commercial buildings, accompanying substructures, and surrounding landscape
      
   3. Promotes the ability of the commercial entities to succeed.
      
   4. Promotes the successful completion of the project
      
   5. Promotes quality architecture
      
   6. Allows some flexibility of architecture to encourage creativity of design.
      
2. A second purpose of this ordinance is to define a range of goods and services which may be offered by commercial entities within the community and to establish guidelines for the physical development of such commercial entities.
   

The CR Zone may be applicable only to the following described property if so designated through an amendment to the general plan and zone map: a parcel of land located in a part of the northwest quarter of section 36, township 4 south, range 1 east, salt lake base & meridian, U.S. survey in Utah county, Utah: beginning at an existing right-of-way monument on the north line of state highway 92 as it exists at 45.00 foot half-width being 1039.54 feet north 89"49'50" east along the section line (1039.5 feet east record); and 1271.04 feet south (1274.60 feet record) from the northwest corner of said section 36; and running thence along the north line of said state highway the following three courses: north 89"40'00" east 350.87 feet (352.231 feet record) to an existing right-of-way monument; north 86"48'15" east 100.12 feet; and north 89"40'00" east 476.58 feet to a point of curvature; thence northeasterly along the arc of a 30.00 foot radius curve to the left a distance of 44.59 feet (central angle equals 85"09'33" and long chord bears north 47"05'14" east 40.60 feet to a point of tangency on the westerly line of state highway 74 as it exists at 54.00 foot half-width; thence north 4"30'27" east 176.34 feet (172.836 feet record) along said westerly line to a point on the projection of an existing boundary line fence (said fence line being the same fence as described in parcel 1 of that special certain warranty deed recorded 15 march, 1985 as instrument no. 6937 in book 2203 at pages 297 and 298 of the official records of Utah County, Utah); thence north 89"41'00" east 1.49 feet along the projection of said fence line to the southeasterly corner of said special warranty deed; thence north 5"07'00" east 526.98 feet along said deed line to the south boundary of alpine way plat “A” subdivision; thence along said subdivision boundary the following two courses: south 89"24'50" west 146.34 feet to the southwest corner thereof; and north 4"40'50" east 1.12 feet to a point on the projection of an existing boundary line fence; thence south 89"21'52" west 825.51 feet along said existing fence line to the easterly boundary of Stoneridge Subdivision plat “A” amended; thence along said easterly boundary of said subdivision the following five courses: south 0"42'50" west 0.41 feet; south 11"31'20" west 210.15 feet; south 0"07'40" east 315.06 feet; south 89"54'20" west 69.67 feet; and south 0"06'20" west 208.06 feet to the north line of state highway 92 as it exists at 45.00 foot half-width; thence north 89"40'00" east 63.54 feet along said north line to the point of beginning. Contains 724,074 sq. ft. or 16.622 acres.

(Adopted: 10/24/06)

1.  As noted in the following sections, the only uses allowed within the C-R Zone are as follows:
   1. Retail food stores, grocery and meat markets, bakeries, organic food stores, and other similar food and beverage sales facilities.
   2. Sports and Fitness Centers, day spa, dry cleaner and laundry, copy center, barber shop, beauty parlor.
   3. Florist, doughnut shop, candy store, nut or cheese store, stamp and coin store, ice cream/yogurt parlor.
   4. Convenience store, gas stations, freestanding fuel centers.
   5. Banks or credit unions (not to exceed 10% of the total area of a contiguous zone or master planned commercial center).
   6. Doctor’s office, dentist’s office, pharmacy, physical therapy, optical shop or eye products, hearing center and sales.
   7. Restaurants, catering, delicatessen.
   8. Department stores, variety stores, jewelry and watch stores, home furnishings and appliances, book stores, retail sale of clothing, shoes and accessories, sporting goods stores, office supplies and furnishing, hardware and home improvement, nursery or plant sales, craft and hobby supplies, new and re-manufactured auto-parts and accessories, electronics, rental and sale of DVDs, CDs, games and videos, wireless phone and related products, computer services/sales, pet products and grooming.
   9. Gasoline islands, canopies, as an accessory use to a permitted use defined above. A gasoline island, canopy or any gasoline use that is not attached to the structure of the primary use shall be subject to specific additional requirements as outlined in 3-4370.
   10. Car washes subject to specific additional requirements as outlined in 3-4377.
   11. Shipping, mailing, pickup, and return centers not exceeding 2,500 square feet in area.
   12. General retail not otherwise prohibited.
   13. General office use, including, but not limited to, architects, engineers, contractors, real estate offices, property managers, mortgage and title offices; insurance offices, law offices, stock brokerages and investment advisors, advertising and sales offices, accounting and tax preparation offices.
2. If a proposed business use has not been expressly identified as a permitted, conditional, or prohibited use, a request to classify the proposed business use as an existing use or a petition to approve the proposed business use may be made in accordance with Chapter 3, Article 1 of this Code.
   

(Adopted: 10/24/06) (Amended: 6/17/03, Ord #2011-TBD, 3/01/11)

In the C-R Zone, any use not expressly listed as a permitted use shall be deemed specifically prohibited including but not limited to the following:

1. Slaughtering of animals or live animal processing
   
2. Sexually Oriented Businesses
   
3. Call centers
   
4. Thrift Stores or Pawn Shops
   
5. Tattoo parlors, non-medically prescribed body massages, or body piercing shops, parlors or facilities
   
6. The following Ground Floor Uses shall not be located on a corner lot within the CR Zone:
   
   1. Office buildings for Professional Services which may include but not limited to:
      
      1. Financial Lending Institutions; such as banks, credit unions, cash lending institutions, or similar; or
         
      2. Insurance institutions such as Insurance agencies, insurance brokers, or similar; or
         
      3. Professional services; such as Architects, Engineers, Law offices, Medical Offices or Medical Uses, or similar; or
         
      4. Real Estate Institutions; such as Mortgage Companies, Title Companies, Real Estate Brokers or agents, or similar; or
         
   2. Service oriented businesses; such as dry cleaners, hair or nail salons, gasoline islands, tax preparation services, or similar.

(Adopted: 10/24/06)

1. The hours and days of operation for all businesses shall be as regulated in the Municipal Code.

1. An area to be zoned C-R 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 characteristics:
   1. In order to encourage uses consistent with the Commercial Architectural Design Guidelines and with the objectives of the commercial district and to ensure adequate site planning, the entire site must be master planned, including sufficient surrounding property to provide proper transition into neighboring zoning designations, even though it may be developed in stages or phases. In the event specific tenants are not know at the time of site planning, the owner/developer shall show only a building envelope as a place holder for a future building.
   2. Each phase must adhere to the original plan except as may be subsequently modified by the developer with the approval of the site plan Land Use Authority.
2. Development of property zoned CR 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: 10/24/06) (Amended: April 11, 1995) 

Coverage regulates the area of the site that may be covered by buildings. 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.

1. Coverage of a site by all building structures (interior gross building area) shall not exceed thirty (30) percent of the total site. 
   
2. The maximum square footage for any tenant or use shall not exceed 115,526 square feet.
   

(Adopted: 10/24/06) (Amended 10/21/08, 1/20/09). 

1. Canopies, overhangs, and similar coverings may project into the setback area, as much as 10’, if approved by the architectural review Land Use Authority.
2. Where a property line abuts a residential district, setback area shall be a minimum of one hundred (100) feet from any wall of the home or residence (excluding the garage or other ancillary buildings) on the adjacent property or 30' from a property line whichever is greater.
3. These setbacks shall only apply to the property lines around the perimeter of the site. There shall be no minimum setback (front, side or rear) requirements for subdivided parcels that lie within the site plan except when the property line of any subdivided parcel is part of the perimeter property line for the entire site.
   
4. No building shall be constructed within 100 feet of where an animal is housed, sheltered or fed.
   

The maximum height for all buildings shall be forty-five (45) feet, measured from the finished grade, and no building shall be erected to a height less than ten (10) feet or one story above finished grade. 

(Adopted: 10/24/06)

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

1. Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of eight (8) inches thick and eight (8) feet in height.
   
2. Berms. If a wall is not used, a berm may be used, except on a property line abutting residential property. The berm shall be no less than fifteen (15) feet in width at the base facing an arterial road and no less than fifteen (15) feet in width at the base facing any other street or property. It shall be constructed of earthen material and it shall be landscaped. Grading of berms is further detailed in Section 3-4318 of this Code.
   
3. No signs or sign supports shall be permitted on any wall.
   
4. Notwithstanding the requirements listed above, where the finished elevation of the property is lower at the district boundary line, or within five (5) feet inside the district boundary line, than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements.
   
5. 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 commercial development site, unless along a district boundary which abuts a residential zone, in which case the height shall be eight (8) feet.
      
   2. When there is a difference in the ground level between two adjoining lots forming the district boundary, 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 site. 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.
      
   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, walls or other obstructions shall not exceed thirty-six (36) inches in height when located in a front setback.
      
   7. A fence may not be constructed along a front yard, within a front setback, within the parkway detail, or along SR-92 or SR-74.
      
   8. 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.
      
   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: 10/24/06)

Except as may be provided elsewhere in this ordinance, there shall be provided at the time of erection of any building, or at the time any main building is enlarged or increased in capacity, minimum off-street parking space 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 provide the following characteristics:
   
   1. Surfacing. Each parking 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. These depths may be modified based on the geotechnical conditions found on the site. 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 parking lot shall rest with the property owner. The parking 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, unless off-site storm drainage capacity is available and satisfies City standards.
      
   3. Lighting. Parking lots shall be properly illuminated, with luminaries arranged so as to baffle and direct light away from any adjoining residential buildings. Lighting details are specified in Section 3-4316 of this Code.
      
   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 most currently adopted International Uniform 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. The provisions described below are minimum requirements, which for good cause, may be altered by the site plan Land Use Authority.
      
      1. Parking Spaces Required:
         
         

         Parking Spaces Required: Total Parking Spaces	Required Handicapped Spaces
         20 - 100	2% or a minimum of one
         101 - 200	2 spaces plus 1.0% over 100
         201 - 500	3 spaces plus 0.5% over 200

      2. Parking spaces for the handicapped shall be set aside and identified with signs and appropriate pavement markings for use by individuals with physical disabilities as provided by State and Federal law.
         
      3. Parking spaces identified for the physically handicapped shall be a minimum of nine (9) feet wide and shall be located as near as possible to the main public or primary entrance of a single building or centrally located where practical in parking lots that serve more than one building.
         
      4. Parking spaces shall include a protected passenger loading zone four (4) feet wide to one side of the parking space which has direct access to a hard surfaced walkway either by a level surface or a curbed ramp.
         
      5. A parking space/passenger loading zone shall be clearly marked by appropriate painted pavement markings.
         
2. Specific Requirements. It is the intent of this Zone to encourage sharing of parking stalls between uses so as to minimize the number of overall parking stalls within a development site. 
   
   1. The minimum required number of off-street parking stalls for the development site shall be calculated based upon the interior floor area of the proposed building devoted to the principal use or sales and shall not include area devoted to storage, kitchens, rest rooms, break rooms, or maintenance areas (“interior Floor Area”). When there are multiple buildings proposed for the development site, the Interior Floor Area calculated for each building shall be added together to obtain an aggregate Interior Floor Area for the entire development site. In this Zone the minimum average parking stall to aggregate Interior Floor Area shall be no less than four (4.00) parking stalls per one-thousand square feet of Interior Floor Area (4.00:1,000) for the total development site on a shared basis. All interior subdivided parcels must have vehicular access connecting that parcel’s parking stalls to the balance of the parking lot of the development site. 
      
   2. The owner/developer may increase the number of stalls above the minimum with the approval of the site plan Land Use Authority.
   3. In cases where less parking is appropriate, the owner/developer may reduce the number of parking stalls below the average minimum requirement with the approval of the site plan Land Use Authority. However, in no case shall the requirements be reduced by more than twenty-five (25) percent.
3. Location of Parking.
   
   1. No on-street parking shall be permitted in this Zone. No parking shall be permitted within the minimal front, side or rear setback areas except:
      
   2. Where a setback area abuts another District, parking may be permitted to within ten (10) feet of the district line provided that use of such parking is limited to regular weekday business hours.
      
   3. Where parking within the front or side setback areas is adequately separated from public right-of-ways with continuous landscaping at least fifteen (15) feet wide.
      
      1. Required off-street parking shall be provided on the development site, or on an alternate site within the same District. Where parking is provided on other than the development site concerned, a recorded document shall be filed with the site plan Land Use Authority and signed by the owners of the alternate site, stipulating to the permanent reservation of use of the site for said parking. The parking setback restrictions set forth above shall also apply to contiguous or alternate parking sites.
         
      2. Parking facilities need not be located in one consolidated area of a particular site, but may be separated by landscaping or building elements, however each phase of a development shall provide for adequate parking.
         
   4. A majority of parking shall be considered “interior” with buildings/structures acting as a buffer between parking areas and the public right-of-way.
      
4. Commercial Vehicle Parking.
   
   1. Vehicles that display any form of advertising of a commercial enterprise located within the commercial zone including names, phone numbers, logos or associated artwork, are prohibited from parking in street right-of-ways or private parking lots within public view (visible from a public roadway).
      
   2. Parking for commercial vehicles is limited to loading areas and other approved off-street parking that is properly screened from public view.
      
   3. Commercial vehicles include, but are not limited to, cars, trucks, vans, trailers, fork lifts, and motorized cycles.
      
5. Landscaping of Parking Areas.
   
   1. Where possible, siting parking areas lower than adjacent roadways and continuing street scape 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 public roadways shall require a landscaped berm of width and height specified in Section 3-4308 of this ordinance.
      
   2. Planter “islands” between parking bays shall be sized 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.
      
6. Other Considerations.
   
   1. Circulation within the parking areas shall provide for free flow of vehicular traffic. The onsite parking and traffic circulation plan shall be a part of the traffic impact analysis, that may be required as a part of the preliminary site plan review found in Section 3-4328 of this Code.
      
   2. Bicycle parking areas with suitable racks shall be provided in convenient locations. Randomly strewn bicycles are not only unsightly, but can create a safety hazard. Bicycle parking areas shall be located so to minimize conflict with pedestrian walkways.
      
   3. Changes in occupancy or type of use, and increases in the intensity of use on any site, after the final approval of the site plan may require changes in parking. Sufficient parking to meet the requirements of actual tenant needs at that time shall be provided on-site.

(Adopted: 10/24/06)

The following articles apply to the loading and/or unloading of materials in a commercial development:

1. All loading and unloading operations shall be performed on the site. If necessary, off-street berths shall be provided in addition to required off-street parking and shall not be located within driveways.
   
2. Adequate turning and maneuvering space shall be provided within the lot lines.
   
3. Such loading areas should be located away from the public street to which the use is oriented.
   
4. To the greatest extent possible, loading areas shall be screened. This shall be accomplished through careful site planning, and the use of screen walls and landscaping.
   
5. In no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a public street.
   
6. In no event shall a loading dock be closer than one-hundred (100) feet from an adjacent residential home.
   
7. Loading berths shall be required as follows:
   
   1. The hours of loading and unloading, including trash removal, for any business that uses building entrances that face an adjacent residential zone shall be restricted to the hours between 7:00 a.m. and 10:00 p.m.

(Adopted: 10/24/06)

The following guidelines for landscaping shall apply to all developments within the commercial district:

1. Landscaping shall enhance the overall visual appearance of the development.
   
2. A fully dimensioned 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" with a 2 year warranty and minimum shrub size shall be one gallon.
   
4. The City shall require that landscaping plans be prepared by a registered landscape architect.
   
5. When inorganic ground cover is used, 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 prior to use inauguration or occupancy.
   
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 right-of-ways less area for drive entrances and sidewalks. Trees and larger plants may be grouped together with up to 50’ of distance between any grouping.
   
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 those areas that are not primarily visible to the public. Those areas which are not primarily visible to the public shall include a minimum of one (1) tree every thirty (30) feet adjacent to the property line and within an adequate planter area large enough to sustain each tree. The developer shall provide adequate irrigation to these areas to sustain these trees. The purpose of these trees is to help provide a natural screen between residential and commercial neighborhoods. For areas adjacent to existing residential dwelling units a tree shall be planted every fifteen (15) feet.
    
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 traffic way or driveway and a street;
       
    2. A vehicular traffic way 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, bush, shrub and/or tree materials, and/or dry landscaped materials.
    
13. Parking Areas. Landscaping shall be separated from the parking area by a curb at least six (6) inches higher than the parking area.
    
14. Total Landscaping. In all cases of commercial development, landscaping shall occupy no less than twenty percent (20%) of the total land area of the site including landscaping in public right-of-ways except when a landscape credit is applied as permitted under 3-4362. The majority of the landscaping requirement shall be visible to the public.
    
15. Gasoline Islands and canopy areas. A minimum of 50% of a gasoline island, canopy area or gasoline use shall be screened by landscaping from a public right-of-way and approved by city staff. A minimum of 50% of a gasoline island, canopy area or gasoline use shall be screened by landscaping from a residentially zoned property line. The total landscaping area required shall be a minimum and equal to the length of the canopy multiplied by five (5) feet. 
    
    1. A minimum of 25% of the required gasoline use landscaping area shall be tree cover.
       
    2. A minimum of 50% of the total landscaping required for the gasoline use shall be evergreen.
       
    3. Exception. If a gasoline island is located a minimum of 200 feet from a public right-of-way and screened from the highway by building with its associated landscaping, then the requirement shall only apply along property adjacent to a residentially zoned property. 

(Adopted: 10/24/06)

1. Hardscape should be used in coordination with architecture and integrated into the landscaping to provide a link between the public street edge and individual buildings. Attention to hardscape details can soften commercial development and create visual unity by relating different developments to a unifying theme. In addition, proper hardscaping can improve pedestrian safety and movement, provide for public engagement and the visual enjoyment of public areas.
   
2. Hardscape can include such items as benches, sculptures, water fountains, pavers, cobblestone walkways, outdoor eating areas, etc. The details of hardscape design shall be incorporated into the site plan and landscape plan and shall be reviewed by the site plan Land Use Authority to determine continuity with overall development plan and harmony with the development of surrounding properties.
   
3. A landscape credit shall be granted when the owner/developer provides extraordinary landscape or hardscape features that enhance the public or visitor experience. Landscape credit shall be granted when the following requirements are met:
   
   1. At least 10% of the total landscape area of the site is treated with Hardscape features and elements as follows:
      
      1. At least 20% of the hardscape has some vegetation excluding turf in the area (ex.; planters, tree wells, ponds, etc.)
         
      2. A maximum of 25% of one hard scape element is used per area (ex.; benches, tables, fountains, sculptures, etc.)
         
      3. Pavers, cobblestone, or other similar ground treatments are considered.
         
      4. Stamped/stained concrete or asphalt shall not be considered as Hardscape.
         
      5. Hardscape design should include a variety of seating places, walking places, water features and masonry as defined above.
         
   2. When the above requirements are satisfied, a landscape credit of 5.0% shall be applied against the total site minimum landscape requirement found in Section 3-4361 (14).

(Adopted: 10/24/06)

1. The following articles shall relate to the screening and location of storage and refuse collection areas:
   
   1. No outdoor storage shall be permitted.
      
   2. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property by a complete opaque screen. Commercial owner and/or manager 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.
      
   3. No refuse collection areas shall be permitted between a frontage street and the building line.
      
   4. No refuse collection area shall be located within forty (40) feet of any residential zone use and no closer than 100' from any residence.
      
   5. Refuse removal and trash collection operations shall occur between the hours of 7:00 a.m. And 10:00 p.m.
      
      (Ord: #2009-23, 09/01/2009)
      
2. Storage.
   
   1. All substructures erected for the purpose of screening storage areas shall be accomplished with materials and architecture which are similar and compatible with that of the primary building structure.
      
   2. There shall be no storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents, or building materials
      
   3. Building materials for use at the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.
      
3. Refuse.
   
   1. Every parcel with a building or structure shall have a trash receptacle on the premises. 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 wall six (6) feet in height and on the fourth side by a solid 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 compatible with the surrounding buildings and structures.
      
   4. Freestanding refuse containers in retail or public areas which are intended for public use shall be constructed of cast concrete, ceramic or wrought iron, with an inset for a trash can and shall be constructed so as not to allow dispersal of the container or trash by the strong winds common to the area. The containers shall be natural in color and/or of a design commensurate with surrounding architectural themes.

(Adopted: 10/24/06)

The following articles shall relate to guidelines for exterior lighting of any commercial development. These articles relate to parking lighting, sign lighting, architectural lighting, safety lighting, and landscape lighting.

1. Lighting shall be stationary. No lighting shall be of unusually higher intensity or brightness than a 300 watt bulb.
   
2. Lighting shall be directed away from all adjacent properties and public streets and right-of-ways.
   
3. Lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel.
   
4. Parking light standards shall not exceed fifteen (15) feet in height or the height of the tallest building, whichever is less (not including the base). The base of the light fixture shall not exceed three (3) feet in height.
   
5. Street lighting and parking lot lighting contribute to the safety and security of each development, improving night visibility. Unique lighting fixtures may provide easy identification of entrance and exit ways for motorists. Such lighting shall be encouraged, however, lighting potentially visible from adjacent properties shall be subdued and shall not interfere with vehicular traffic.
   
6. Use of mercury vapor or exposed fluorescent lights is prohibited. Energy efficient warm, white lighting, such as high pressure sodium or quartz halogen,
   
7. Automatic timers on lighting shall be encouraged. Well designed systems can maximize personal safety during nighttime use while saving energy.
   
8. Lighting may be used to enhance landscaping and reinforce architecture, with dramatic up lighting or wall shadow effects with plant materials encouraged.
   
9. Parking lot light fixtures shall be consistent in styling with the design theme proposed for that development.
   
10. Service area lighting shall be contained within service yard boundaries, with light sources concealed.
    
11. Lighting shall not cast any glare onto adjacent lots and streets in any manner. 
    
12. 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 prohibited. 
    
13. 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.
    
14. Architectural lighting shall be integrated with building elements.
    
15. The gasoline canopy shall not be internally lighted. Gasoline pump islands may be illuminated from overhead down lighting designed to light the pump island areas only.

(Adopted: 10/24/06)

The following guidelines shall apply to grading of commercial 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 the City Engineer.
   
4. Parking lots shall have minimum and maximum percent grades as set forth by the City Engineer. The minimum grades that may be required by any occupant in order to comply with ADA requirements shall modify the minimum grade.
   
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: 10/24/06)

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 and economically feasible, 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 any public street.
   
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 devises shall not be located in any required setback area or side yard except for equipment installed by any public utility. Screening shall be provided so that equipment located in the area is screened from view from all adjacent public streets when possible. 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 in public utility easements and underground or entirely screened from view with walls, fences or vegetation or otherwise enclosed in a manner harmonious with the overall architectural theme when possible.

(Adopted: 10/24/06)

1. No portion of the property shall 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.
   
2. Noise Attenuation. All commercial areas within Highland City shall be subject to the noise limitations established in Municipal Code Section 8.16.100 Nuisance of Noise and Light.

(Adopted: 10/24/06)

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 C-R Zone 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.

(Adopted: 10/24/06)

Gasoline pumps shall be set back not less than thirty (30) feet from any landscaping to which the pump island is perpendicular and fifteen (15) feet from any landscaping to which the pump island is parallel, and not less than 300 (three hundred) feet from a residential boundary line. If the pump island is set at an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. Gasoline storage will not be permitted above ground. All gasoline operations and installations are subject to all applicable federal, state, and local laws and ordinances.

(Adopted: 10/24/06)

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 Commercial Retail Architectural Design Standards and other sections. Any appeals of final decisions on architectural compliance shall be heard by the architectural review Appeal Authority.

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. The design shall include a majority of architectural elements which are commonly found in other commercial areas in highland (ex: columns, lentils, window treatments w/ high percentage of fenestration, portico/arbor/arcade, architectural roofing material, quoins, building materials (earth-tone colors, brick, rock, trim)
      
   4. Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.
      
   5. A sign theme shall be incorporated requiring consistent materials and construction.
      
   6. Lighting shall be stationary and deflected away from all adjacent properties and public streets and right-of-ways.
      
   7. An exterior lighting theme shall be required which is consistent with the lighting in other areas of commercial in highland.
      
   8. Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view.
      
   9. 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.
      
   10. Both sides of all perimeter walls or fences shall be architecturally treated.
       
   11. Each licensed business will provide one ADA compliant public rest room for use by men and women. The rest rooms shall be designed in accordance with the UBC to accommodate handicapped persons.
       
   12. Gasoline islands, canopy areas, gasoline uses and pump islands shall be architecturally treated to adhere to this ordinance. These uses shall be designed with materials, colors, and features which match the structure to which it is associated. The exterior of any gasoline islands and supporting structures (including pump island supporting structures) shall have a surface material which consists of a minimum of 50% masonry or rock.
       
2. The following guidelines apply to all uses:
   
   1. The following architectural styles and motifs are prohibited in highland city unless consistent with an approved design theme:
      
      1. A-frame structures
         
      2. Geodesic dome structures
         
      3. Mediterranean motifs
         
      4. Highly ornate Victorian
         
      5. Pre-fabricated or industrial
         
      6. Aluminum siding
         
      7. Architectural design in highland city has primarily been simple. Highly ornate buildings are inconsistent with the architecture of the community and shall be prohibited. 
         
   2. The siding materials listed below are prohibited in any commercial building in highland city: 
      
      1. Shake shingles
         
      2. Weeping mortar
         
      3. Plastic or vinyl siding
         
      4. Used brick 
         
      5. Lava rock
         
      6. Asphalt or hardboard siding
         
      7. Plywood siding
         
      8. Stucco walls divided by wood dividers
         
      9. Metal grills and/or facades
         
      10. Non-colored-anodized and/or unpainted aluminum, except for flagpoles.
          
   3. 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.
      
   4. If trim covers more than 10% of a side of the building, it shall be counted as a siding material on that side. Colors shall be limited to soft shades and/or earth tones. No bright or neon colors shall be allowed on exterior of buildings.
      
3. Roof design. The following articles shall apply to roof structure and design in any commercial development: 
   
   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 and standing seam metal roofs 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 unless approved by the architectural review Land Use Authority.
      4. The following roof shapes are prohibited in highland city, either because of their appearance, or because of their poor performance:
   2. 1. Gambrel roofs
         
      2. Curvilinear roofs
         
      3. Domed roofs
         
      4. Geodesic domes
         
      5. Conical roofs
         
      6. A-frame or modified a-frame roofs
         
   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.
      
   4. A gasoline use canopy or island shall be designed to imitate the primary building of which it is associated (any signage associated with a gasoline use shall be located under the eave of the roof and shall not be permitted above the highest part of the eave. If the canopy is flat, then a sign shall not project above the highest part of the roof structure).
      
   5. Roof types and ridge heights shall vary along building frontages. A single roof type or roof ridge height shall not exceed 50 feet in horizontal length unless it is separated by a varied roof type or roof ridge height. If the ridge height is varied then it shall be a vertical variation of at least eighteen (18) inches in height minimum.

(Adopted: 10/24/06)

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 C-R Zone of Highland City. For more information relating to non-conforming uses see (Article 2) of this Code.

(Adopted: 10/24/06)

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.

(Adopted: 10/24/06)

All uses proposed for development under this Article shall be subject to site plan review. There shall be submitted to the Zoning Administrator, a site plan for the use and development of the entire development site for the purposes of and meeting the requirements set forth in this ordinance. The Site Plan shall include the following:

1. A 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 buildings’ facades facing public rights- of-way and district 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. Additional requirements associated with a Conditional Use Permit application, see General Provision Section, if conditional use approval is required.

(Adopted: 10/24/06)

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:
   
   1. The proposed use and development of land conforms to the provisions of this ordinance, and requirements of Engineering, Fire Department, and Planning Department.
      
   2. The development is otherwise not detrimental to the public health, safety, general welfare, to adjacent property, or to the orderly development of the City.
      
   3. Approval of a traffic impact (TIA) analysis, for the proposed development, to be completed by a competent transportation engineer at the owner/developer’s expense. Said TIA shall, as a minimum, address the suitability of the proposed parking, street access, driveway, and onsite traffic circulation systems and the impact on the adjacent street system.
      
   4. Demonstration that adverse impacts on neighboring residential properties have been reasonably mitigated.
      
2. The following items shall be required for Site Plan Approval:
   
   1. Landscaping Plan
      
   2. Lighting Plan
      
   3. Grading Plan/Drainage Plan
      
   4. Traffic Circulation Plan
      
   5. Transition and Buffer Plan, setting forth how the uses within the project will be transitioned along the perimeters of the project, and how the buffers will be employed to mitigate any negative impacts of the project onto adjoining properties.
      
   6. Fiscal Impact Projections prepared at the direction of the site plan Land Use Authority.

(Adopted: 10/24/06)

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

(Adopted: 10/24/06)

The following articles shall apply to all commercial developments within the CR Zone.

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: 10/24/06) (Amended 5/20/08)

In addition to all other requirements of this Title, Car Washes shall be required to abide by the following standards:

1. Setback of Facility. In addition to any other setback standard required by Section 3-4356, the primary car wash service area shall be setback a minimum of thirty (30) feet from any existing residential property boundary. Accessory facilities areas, such as window washing, air compressor, and vacuum cleaning stations are not required to meet this standard.
   
2. Queuing of Vehicles. A minimum of one-hundred fifty (150) feet for a single stacking lane or eighty (80) feet per lane when there is more than one stacking lane, is required for all car wash service areas. A stacking lane is measured between the stacking lane entrance and the service area. A stacking lane is not required for accessory facilities where vehicles do not routinely stack, such as window washing, air compressor, and vacuum cleaning stations. 
   
   1. Stacking Lane Design and Layout. Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation. No part of a required stacking lane may encroach into the right-of-way. Stacking lanes may be curvilinear. All stacking lanes must be clearly identified, through the use of means such as striping, landscaping, and signs.
      
3. Noise. No carwash facility may exceed the noise limitations required by 8.16.100 Highland City Code. There shall be no outdoor loudspeakers or public address systems allowed at car wash facilities.
   
4. Landscaping. Landscaping shall be required per Section 3-4361. Additionally, the following standards shall be adhered to:
   
   1. A minimum of ten (10) feet of landscaping shall be provided between existing residential property lines and all service areas or stacking lanes. 
      
   2. Within landscaping areas adjacent to existing residential property lines, trees that mature to twenty-five (25) feet in height or higher, shall be planted at twenty (20) foot intervals. The selected trees shall be of a broadleaf deciduous variety that’s crown has a diameter of at least fifteen (15) feet upon maturity. The purpose of this section is to reduce the noise of service areas and reduce emissions of vehicles onto adjacent residential properties.
      
5. Screening. A minimum eight (8) foot sight-obscuring masonry wall shall be erected along all adjacent residential property lines. The purpose of this provision is to reduce visual and noise impacts of car wash service and stacking areas. 
   
6. Lighting. All lighting shall be directed downward and fully shielded. Light levels shall be less than one-foot candle at the property line.
   
7. Water Recycling. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and must be approved by Highland City Engineer.
8. Definitions. These terms shall mean the following when used in this section:
   
   1. Service Area. The service area is where the service occurs. 
      
   2. Stacking Lanes. The space occupied by vehicles queuing for the service to be provided.

(Adopted: 10/24/06)