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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-85.10, 2023

Municipal legislative bodies may not single out co-owned homes for different land-use treatment or punish someone solely for owning or using one.

Source excerpt

co-ownership housinghousingland useproperty regulationresidential housingresidential unit useresidential zoningshort-term rental
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2023
Dates
Enacted 2023
More statute details
Dates
Enacted 2023
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01

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“Municipal legislative bodies may not single out co-owned homes for different land-use treatment or punish someone solely for owning or using one.”

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02

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    Enacted 2023. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Subsection 10-8-85.10(2)(b)

use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.

Section 10-8-85.10(2)(b)

Subsection 10-8-85.10(5)

The section does not limit a municipality’s authority to adopt or enforce regulations on accessory dwelling units, internal accessory dwelling units, or short-term residential rentals under 30 days.

Section 10-8-85.10(5)

Subsection 10-8-85.10(5)(c)

the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4 .

Section 10-8-85.10(5)(c)

04

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In force source record

Source record from le.utah.gov · Enacted 2023

In force

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Source-indexed provision map

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Showing 13 of 13 provisions

Provision 13
§ 10-8-85.10Ordinances regarding co-ownership -- Prohibition on municipal ordinances restricting co-ownership models.Provision

Source excerpt

Municipal legislative bodies may not single out co-owned homes for different land-use treatment or punish someone solely for owning or using one.

Ordinances regarding co-ownership -- Prohibition on municipal ordinances restricting co-ownership models. As used in this section: "Co-owned home" means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities. "Residential unit" means the same as that term is defined in Section 10-8-85.4 . Notwithstanding Section 10-20-501 and Subsection 10-20-503(1) , a municipal legislative body may not: adopt or enforce a land use regulation that regulates co-owned homes differently than other residential units; or use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home. Notwithstanding Subsection (2) , a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes. This section does not limit private individuals or associations from adopting rules or regulations governing co-owned homes. Nothing in this section limits a municipality's authority to adopt or enforce regulations regarding: accessory dwelling units, as defined in Section 10-20-102 ; internal accessory dwelling units, as defined in Section 10-21-101 ; or the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4 .
Section 10-8-85.10Verify source
§ 10-8-85.10(1)Subsection 10-8-85.10(1)Provision

Source excerpt

This section defines “co-owned home” and “residential unit.”

As used in this section: "Co-owned home" means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities. "Residential unit" means the same as that term is defined in Section 10-8-85.4 .
Section 10-8-85.10(1)Verify source
§ 10-8-85.10(1)(a)Subsection 10-8-85.10(1)(a)Provision

Source excerpt

Defines “co-owned home” as a residential unit jointly owned by any combination of individuals or entities.

"Co-owned home" means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities.
Section 10-8-85.10(1)(a)Verify source
§ 10-8-85.10(1)(b)Subsection 10-8-85.10(1)(b)Provision

Source excerpt

“Residential unit” has the same meaning as in Section 10-8-85.4.

"Residential unit" means the same as that term is defined in Section 10-8-85.4 .
Section 10-8-85.10(1)(b)Verify source
§ 10-8-85.10(2)Subsection 10-8-85.10(2)Provision

Source excerpt

A municipal legislative body may not treat co-owned homes differently from other residential units in land use regulation, or use such a regulation to penalize someone solely for owning or using a co-owned home.

Notwithstanding Section 10-20-501 and Subsection 10-20-503(1) , a municipal legislative body may not: adopt or enforce a land use regulation that regulates co-owned homes differently than other residential units; or use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.
Section 10-8-85.10(2)Verify source
§ 10-8-85.10(2)(a)Subsection 10-8-85.10(2)(a)Provision

Source excerpt

A person may not adopt or enforce a land use regulation that treats co-owned homes differently from other residential units.

adopt or enforce a land use regulation that regulates co-owned homes differently than other residential units; or
Section 10-8-85.10(2)(a)Verify source
§ 10-8-85.10(2)(b)Subsection 10-8-85.10(2)(b)Provision

Source excerpt

use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.

use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.
Section 10-8-85.10(2)(b)Verify source
§ 10-8-85.10(3)Subsection 10-8-85.10(3)Provision

Source excerpt

A legislative body may adopt and enforce land use regulations if they apply equally to all residential units, including co-owned homes.

Notwithstanding Subsection (2) , a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes.
Section 10-8-85.10(3)Verify source
§ 10-8-85.10(4)Subsection 10-8-85.10(4)Provision

Source excerpt

Private individuals or associations may adopt rules or regulations governing co-owned homes.

This section does not limit private individuals or associations from adopting rules or regulations governing co-owned homes.
Section 10-8-85.10(4)Verify source
§ 10-8-85.10(5)Subsection 10-8-85.10(5)Provision

Source excerpt

The section does not limit a municipality’s authority to adopt or enforce regulations on accessory dwelling units, internal accessory dwelling units, or short-term residential rentals under 30 days.

Nothing in this section limits a municipality's authority to adopt or enforce regulations regarding: accessory dwelling units, as defined in Section 10-20-102 ; internal accessory dwelling units, as defined in Section 10-21-101 ; or the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4 .
Section 10-8-85.10(5)Verify source
§ 10-8-85.10(5)(a)Subsection 10-8-85.10(5)(a)Provision

Source excerpt

Refers to accessory dwelling units as defined in Section 10-20-102.

accessory dwelling units, as defined in Section 10-20-102 ;
Section 10-8-85.10(5)(a)Verify source
§ 10-8-85.10(5)(b)Subsection 10-8-85.10(5)(b)Provision

Source excerpt

internal accessory dwelling units, as defined in Section 10-21-101 ; or

internal accessory dwelling units, as defined in Section 10-21-101 ; or
Section 10-8-85.10(5)(b)Verify source
§ 10-8-85.10(5)(c)Subsection 10-8-85.10(5)(c)Provision

Source excerpt

the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4 .

the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4 .
Section 10-8-85.10(5)(c)Verify source

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