United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-618, 2021

Source excerpt

building designbuilding design regulationcladding regulationcode implementationconstructionconstruction standardsflood insurance participationhousinghousing developmentland uselocal ordinancemunicipal regulationordinance complianceparkingparking requirementsparking space dimensionsparking standardspropertyproperty definitionsreal propertyrear yardresidential occupancywater-efficient landscapingzoning

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2021
Dates: Enacted 2021

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Dates: Enacted 2021

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“Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions. As used in this section: "Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county”

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Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.

Section 10-20-618

Subsection 10-20-618(1)(b)(xi)

minimum building dimensions; or

Section 10-20-618(1)(b)(xi)

Subsection 10-20-618(3)(d)

building design elements agreed to under a development agreement;

Section 10-20-618(3)(d)

Subsection 10-20-618(3)(i)(iii)

that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area.

Section 10-20-618(3)(i)(iii)

Subsection 10-20-618(7)

A municipality is not barred by this section from requiring on-site parking for owner-occupied affordable housing.

Section 10-20-618(7)

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Source record from le.utah.gov · Enacted 2021

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Showing 55 of 55 provisions

Provision 55

Part 10-20-6

part 10-20-6 Land Use Regulations - Particular Situations

§ 10-20-618Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.Provision

Source excerpt

Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions. As used in this section: "Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county median home price. "Building design element" means: exterior color; type or style of exterior cladding material; style, dimensions, or materials of a roof structure, roof pitch, or porch; exterior nonstructural architectural ornamentation; location, design, placement, or architectural styling of a window or door; location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door; number or type of rooms; interior layout of a room; minimum square footage over 1,000 square feet, not including a garage; rear yard landscaping requirements; minimum building dimensions; or a requirement to install front yard fencing. "Owner-occupied" means a housing unit in which the individual who owns the housing unit, solely or jointly, lives as the individual's primary residence for no less than five years. "Specified municipality" means the same as that term is defined in Section 10-21-101 . "Unobstructed" means a parking space that has no permanent barriers that would unreasonably reduce the size of an available parking space described in Subsection (4) . Except as provided in Subsection (3) , a municipality may not impose a requirement for a building design element on a one- or two-family dwelling. Subsection (2) does not apply to: a dwelling located within an area designated as a historic district in: the National Register of Historic Places; the state register as defined in Section 9-8a-402 ; or a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, except as provided under Subsection (3)(b) ; an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency; an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103 ; building design elements agreed to under a development agreement; a dwelling located within an area that: is zoned primarily for residential use; and was substantially developed before calendar year 1950; an ordinance enacted to implement water efficient landscaping in a rear yard; an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of: defects in the material of existing cladding; or consistent defects in the installation of existing cladding; a land use regulation, including a planned unit development or overlay zone, that a property owner requests: the municipality to apply to the owner's property; and in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district; or an ordinance enacted to mitigate the impacts of an accidental explosion: in excess of 20,000 pounds of trinitrotoluene equivalent; that would create overpressure waves greater than .2 pounds per square inch; and that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area. A municipality that is a specified municipality may not: require that the dimensions of a single parking space for a one- or two-family dwelling or town home be: for unobstructed, enclosed, or covered parking: more than 10 feet wide; or more than 20 feet long; or for uncovered parking: more than nine feet wide; or more than 20 feet long; restrict an unobstructed tandem parking space from satisfying two parking spaces as part of a minimum parking space requirement; and restrict a two-car garage from satisfying two parking spaces as part of a minimum parking space requirement. A municipality may not require a garage for a single-family attached or detached dwelling that is owner-occupied affordable housing. If a municipality requires a garage, the municipality shall count each parking space within the garage as part of the municipality's minimum parking space requirement as described in Section 10-21-303 . Nothing in this section prohibits a municipality from requiring on-site parking for owner-occupied affordable housing.

Section 10-20-618Verify source

§ 10-20-618(1)Subsection 10-20-618(1)Provision

Source excerpt

This subsection defines several terms used in the section, including “affordable housing,” “building design element,” “owner-occupied,” “specified municipality,” and “unobstructed.”

As used in this section: "Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county median home price. "Building design element" means: exterior color; type or style of exterior cladding material; style, dimensions, or materials of a roof structure, roof pitch, or porch; exterior nonstructural architectural ornamentation; location, design, placement, or architectural styling of a window or door; location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door; number or type of rooms; interior layout of a room; minimum square footage over 1,000 square feet, not including a garage; rear yard landscaping requirements; minimum building dimensions; or a requirement to install front yard fencing. "Owner-occupied" means a housing unit in which the individual who owns the housing unit, solely or jointly, lives as the individual's primary residence for no less than five years. "Specified municipality" means the same as that term is defined in Section 10-21-101 . "Unobstructed" means a parking space that has no permanent barriers that would unreasonably reduce the size of an available parking space described in Subsection (4) .

Section 10-20-618(1)Verify source

§ 10-20-618(1)(a)Subsection 10-20-618(1)(a)Provision

Source excerpt

"Affordable housing" means housing occupied or reserved for occupancy priced at 80% of the county median home price.

"Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county median home price.

Section 10-20-618(1)(a)Verify source

§ 10-20-618(1)(b)Subsection 10-20-618(1)(b)Provision

Source excerpt

This provision defines “building design element” and lists the features it includes.

"Building design element" means: exterior color; type or style of exterior cladding material; style, dimensions, or materials of a roof structure, roof pitch, or porch; exterior nonstructural architectural ornamentation; location, design, placement, or architectural styling of a window or door; location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door; number or type of rooms; interior layout of a room; minimum square footage over 1,000 square feet, not including a garage; rear yard landscaping requirements; minimum building dimensions; or a requirement to install front yard fencing.

Section 10-20-618(1)(b)Verify source

§ 10-20-618(1)(b)(i)Subsection 10-20-618(1)(b)(i)Provision

Source excerpt

exterior color;

Section 10-20-618(1)(b)(i)Verify source

§ 10-20-618(1)(b)(ii)Subsection 10-20-618(1)(b)(ii)Provision

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type or style of exterior cladding material;

Section 10-20-618(1)(b)(ii)Verify source

§ 10-20-618(1)(b)(iii)Subsection 10-20-618(1)(b)(iii)Provision

Source excerpt

style, dimensions, or materials of a roof structure, roof pitch, or porch;

Section 10-20-618(1)(b)(iii)Verify source

§ 10-20-618(1)(b)(iv)Subsection 10-20-618(1)(b)(iv)Provision

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exterior nonstructural architectural ornamentation;

Section 10-20-618(1)(b)(iv)Verify source

§ 10-20-618(1)(b)(v)Subsection 10-20-618(1)(b)(v)Provision

Source excerpt

location, design, placement, or architectural styling of a window or door;

Section 10-20-618(1)(b)(v)Verify source

§ 10-20-618(1)(b)(vi)Subsection 10-20-618(1)(b)(vi)Provision

Source excerpt

This provision refers to the location, design, placement, or architectural styling of a garage door, but it excludes a rear-loading garage door.

location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door;

Section 10-20-618(1)(b)(vi)Verify source

§ 10-20-618(1)(b)(vii)Subsection 10-20-618(1)(b)(vii)Provision

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number or type of rooms;

Section 10-20-618(1)(b)(vii)Verify source

§ 10-20-618(1)(b)(viii)Subsection 10-20-618(1)(b)(viii)Provision

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interior layout of a room;

Section 10-20-618(1)(b)(viii)Verify source

§ 10-20-618(1)(b)(ix)Subsection 10-20-618(1)(b)(ix)Provision

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A minimum square footage threshold applies: over 1,000 square feet, excluding a garage.

minimum square footage over 1,000 square feet, not including a garage;

Section 10-20-618(1)(b)(ix)Verify source

§ 10-20-618(1)(b)(x)Subsection 10-20-618(1)(b)(x)Provision

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rear yard landscaping requirements;

Section 10-20-618(1)(b)(x)Verify source

§ 10-20-618(1)(b)(xi)Subsection 10-20-618(1)(b)(xi)Provision

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minimum building dimensions; or

Section 10-20-618(1)(b)(xi)Verify source

§ 10-20-618(1)(b)(xii)Subsection 10-20-618(1)(b)(xii)Provision

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a requirement to install front yard fencing.

Section 10-20-618(1)(b)(xii)Verify source

§ 10-20-618(1)(c)Subsection 10-20-618(1)(c)Provision

Source excerpt

“Owner-occupied” means a housing unit used as the owner’s primary residence for at least five years.

"Owner-occupied" means a housing unit in which the individual who owns the housing unit, solely or jointly, lives as the individual's primary residence for no less than five years.

Section 10-20-618(1)(c)Verify source

§ 10-20-618(1)(d)Subsection 10-20-618(1)(d)Provision

Source excerpt

“Specified municipality” has the meaning given in Section 10-21-101.

"Specified municipality" means the same as that term is defined in Section 10-21-101 .

Section 10-20-618(1)(d)Verify source

§ 10-20-618(1)(e)Subsection 10-20-618(1)(e)Provision

Source excerpt

"Unobstructed" means a parking space with no permanent barriers that would unreasonably reduce its size.

"Unobstructed" means a parking space that has no permanent barriers that would unreasonably reduce the size of an available parking space described in Subsection (4) .

Section 10-20-618(1)(e)Verify source

§ 10-20-618(2)Subsection 10-20-618(2)Provision

Source excerpt

Except as provided in Subsection (3), a municipality may not impose a requirement for a building design element on a one- or two-family dwelling.

Except as provided in Subsection (3) , a municipality may not impose a requirement for a building design element on a one- or two-family dwelling.

Section 10-20-618(2)Verify source

§ 10-20-618(3)Subsection 10-20-618(3)Provision

Source excerpt

Subsection (2) does not apply to: a dwelling located within an area designated as a historic district in: the National Register of Historic Places; the state register as defined in Section 9-8a-402 ; or a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, except as provided under Subsection (3)(b) ; an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency; an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103 ; building design elements agreed to under a development agreement; a dwelling located within an area that: is zoned primarily for residential use; and was substantially developed before calendar year 1950; an ordinance enacted to implement water efficient landscaping in a rear yard; an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of: defects in the material of existing cladding; or consistent defects in the installation of existing cladding; a land use regulation, including a planned unit development or overlay zone, that a property owner requests: the municipality to apply to the owner's property; and in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district; or an ordinance enacted to mitigate the impacts of an accidental explosion: in excess of 20,000 pounds of trinitrotoluene equivalent; that would create overpressure waves greater than .2 pounds per square inch; and that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area.

Section 10-20-618(3)Verify source

§ 10-20-618(3)(a)Subsection 10-20-618(3)(a)Provision

Source excerpt

a dwelling located within an area designated as a historic district in: the National Register of Historic Places; the state register as defined in Section 9-8a-402 ; or a local historic district or area, or a site designated as a local

Section 10-20-618(3)(a)Verify source

§ 10-20-618(3)(a)(i)Subsection 10-20-618(3)(a)(i)Provision

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the National Register of Historic Places;

Section 10-20-618(3)(a)(i)Verify source

§ 10-20-618(3)(a)(ii)Subsection 10-20-618(3)(a)(ii)Provision

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the state register as defined in Section 9-8a-402 ; or

Section 10-20-618(3)(a)(ii)Verify source

§ 10-20-618(3)(a)(iii)Subsection 10-20-618(3)(a)(iii)Provision

Source excerpt

This provision refers to a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, subject to an exception in Subsection (3)(b).

a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, except as provided under Subsection (3)(b) ;

Section 10-20-618(3)(a)(iii)Verify source

§ 10-20-618(3)(b)Subsection 10-20-618(3)(b)Provision

Source excerpt

an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency;

Section 10-20-618(3)(b)Verify source

§ 10-20-618(3)(c)Subsection 10-20-618(3)(c)Provision

Source excerpt

This provision describes an ordinance enacted to implement the Utah Wildland Urban Interface Code adopted under Section 15A-2-103.

an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103 ;

Section 10-20-618(3)(c)Verify source

§ 10-20-618(3)(d)Subsection 10-20-618(3)(d)Provision

Source excerpt

building design elements agreed to under a development agreement;

Section 10-20-618(3)(d)Verify source

§ 10-20-618(3)(e)Subsection 10-20-618(3)(e)Provision

Source excerpt

This provision describes a dwelling located in a primarily residential area that was substantially developed before 1950.

a dwelling located within an area that: is zoned primarily for residential use; and was substantially developed before calendar year 1950;

Section 10-20-618(3)(e)Verify source

§ 10-20-618(3)(e)(i)Subsection 10-20-618(3)(e)(i)Provision

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is zoned primarily for residential use; and

Section 10-20-618(3)(e)(i)Verify source

§ 10-20-618(3)(e)(ii)Subsection 10-20-618(3)(e)(ii)Provision

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was substantially developed before calendar year 1950;

Section 10-20-618(3)(e)(ii)Verify source

§ 10-20-618(3)(f)Subsection 10-20-618(3)(f)Provision

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an ordinance enacted to implement water efficient landscaping in a rear yard;

Section 10-20-618(3)(f)Verify source

§ 10-20-618(3)(g)Subsection 10-20-618(3)(g)Provision

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an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of: defects in the material of existing cladding; or consistent defects in the installation of existing cladding;

Section 10-20-618(3)(g)Verify source

§ 10-20-618(3)(g)(i)Subsection 10-20-618(3)(g)(i)Provision

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defects in the material of existing cladding; or

Section 10-20-618(3)(g)(i)Verify source

§ 10-20-618(3)(g)(ii)Subsection 10-20-618(3)(g)(ii)Provision

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consistent defects in the installation of existing cladding;

Section 10-20-618(3)(g)(ii)Verify source

§ 10-20-618(3)(h)Subsection 10-20-618(3)(h)Provision

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a land use regulation, including a planned unit development or overlay zone, that a property owner requests: the municipality to apply to the owner's property; and in exchange for an increase in density or other benefit not otherwise

Section 10-20-618(3)(h)Verify source

§ 10-20-618(3)(h)(i)Subsection 10-20-618(3)(h)(i)Provision

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the municipality to apply to the owner's property; and

Section 10-20-618(3)(h)(i)Verify source

§ 10-20-618(3)(h)(ii)Subsection 10-20-618(3)(h)(ii)Provision

Source excerpt

in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district; or

Section 10-20-618(3)(h)(ii)Verify source

§ 10-20-618(3)(i)Subsection 10-20-618(3)(i)Provision

Source excerpt

This provision describes an ordinance for accidental explosions involving more than 20,000 pounds of TNT equivalent, overpressure waves above .2 psi, and possible damage to nearby facility features.

an ordinance enacted to mitigate the impacts of an accidental explosion: in excess of 20,000 pounds of trinitrotoluene equivalent; that would create overpressure waves greater than .2 pounds per square inch; and that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area.

Section 10-20-618(3)(i)Verify source

§ 10-20-618(3)(i)(i)Subsection 10-20-618(3)(i)(i)Provision

Source excerpt

A quantity above 20,000 pounds of trinitrotoluene equivalent is referenced.

in excess of 20,000 pounds of trinitrotoluene equivalent;

Section 10-20-618(3)(i)(i)Verify source

§ 10-20-618(3)(i)(ii)Subsection 10-20-618(3)(i)(ii)Provision

Source excerpt

This text sets a limit for overpressure waves: greater than 0.2 pounds per square inch.

that would create overpressure waves greater than .2 pounds per square inch; and

Section 10-20-618(3)(i)(ii)Verify source

§ 10-20-618(3)(i)(iii)Subsection 10-20-618(3)(i)(iii)Provision

Source excerpt

that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area.

Section 10-20-618(3)(i)(iii)Verify source

§ 10-20-618(4)Subsection 10-20-618(4)Provision

Source excerpt

A specified municipality may not impose certain minimum parking-space dimensions or restrict tandem parking spaces or two-car garages from counting as two parking spaces.

A municipality that is a specified municipality may not: require that the dimensions of a single parking space for a one- or two-family dwelling or town home be: for unobstructed, enclosed, or covered parking: more than 10 feet wide; or more than 20 feet long; or for uncovered parking: more than nine feet wide; or more than 20 feet long; restrict an unobstructed tandem parking space from satisfying two parking spaces as part of a minimum parking space requirement; and restrict a two-car garage from satisfying two parking spaces as part of a minimum parking space requirement.

Section 10-20-618(4)Verify source

§ 10-20-618(4)(a)Subsection 10-20-618(4)(a)Provision

Source excerpt

A single parking space for a one- or two-family dwelling or town home must meet minimum width or length dimensions, depending on whether the parking is covered/enclosed/unobstructed or uncovered.

require that the dimensions of a single parking space for a one- or two-family dwelling or town home be: for unobstructed, enclosed, or covered parking: more than 10 feet wide; or more than 20 feet long; or for uncovered parking: more than nine feet wide; or more than 20 feet long;

Section 10-20-618(4)(a)Verify source

§ 10-20-618(4)(a)(i)Subsection 10-20-618(4)(a)(i)Provision

Source excerpt

For unobstructed, enclosed, or covered parking, the width threshold is more than 10 feet.

for unobstructed, enclosed, or covered parking: more than 10 feet wide; or more than 20 feet long; or

Section 10-20-618(4)(a)(i)Verify source

§ 10-20-618(4)(a)(i)(A)Subsection 10-20-618(4)(a)(i)(A)Provision

Source excerpt

more than 10 feet wide; or

Section 10-20-618(4)(a)(i)(A)Verify source

§ 10-20-618(4)(a)(i)(B)Subsection 10-20-618(4)(a)(i)(B)Provision

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more than 20 feet long; or

Section 10-20-618(4)(a)(i)(B)Verify source

§ 10-20-618(4)(a)(ii)Subsection 10-20-618(4)(a)(ii)Provision

Source excerpt

For uncovered parking, a vehicle or space must not exceed nine feet in width or 20 feet in length.

for uncovered parking: more than nine feet wide; or more than 20 feet long;

Section 10-20-618(4)(a)(ii)Verify source

§ 10-20-618(4)(a)(ii)(A)Subsection 10-20-618(4)(a)(ii)(A)Provision

Source excerpt

more than nine feet wide; or

Section 10-20-618(4)(a)(ii)(A)Verify source

§ 10-20-618(4)(a)(ii)(B)Subsection 10-20-618(4)(a)(ii)(B)Provision

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more than 20 feet long;

Section 10-20-618(4)(a)(ii)(B)Verify source

§ 10-20-618(4)(b)Subsection 10-20-618(4)(b)Provision

Source excerpt

An unobstructed tandem parking space may not count as two parking spaces toward a minimum parking space requirement.

restrict an unobstructed tandem parking space from satisfying two parking spaces as part of a minimum parking space requirement; and

Section 10-20-618(4)(b)Verify source

§ 10-20-618(4)(c)Subsection 10-20-618(4)(c)Provision

Source excerpt

restrict a two-car garage from satisfying two parking spaces as part of a minimum parking space requirement.

Section 10-20-618(4)(c)Verify source

§ 10-20-618(5)Subsection 10-20-618(5)Provision

Source excerpt

A municipality may not require a garage for an owner-occupied affordable housing dwelling of the specified single-family attached or detached type.

A municipality may not require a garage for a single-family attached or detached dwelling that is owner-occupied affordable housing.

Section 10-20-618(5)Verify source

§ 10-20-618(6)Subsection 10-20-618(6)Provision

Source excerpt

If a municipality requires a garage, it must count each parking space in the garage toward the municipality’s minimum parking space requirement.

If a municipality requires a garage, the municipality shall count each parking space within the garage as part of the municipality's minimum parking space requirement as described in Section 10-21-303 .

Section 10-20-618(6)Verify source

§ 10-20-618(7)Subsection 10-20-618(7)Provision

Source excerpt

A municipality is not barred by this section from requiring on-site parking for owner-occupied affordable housing.

Nothing in this section prohibits a municipality from requiring on-site parking for owner-occupied affordable housing.

Section 10-20-618(7)Verify source

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Utah Wildland Urban Interface Code
Sections 10-20-618, 10-20-618(3), 10-20-618(3)(c)

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Utah Code § 10-20-618, 2021

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