76-2-304. (Temporary) Criteria and guidelines for zoning regulations.

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76-2-304 . (Temporary) Criteria and guidelines for zoning regulations.

(1)Zoning regulations must be:

(a)made in accordance with a growth policy; and

(b)designed to:

(i)secure safety from fire and other dangers;

(ii)promote public health, public safety, and the general welfare; and

(iii)facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2)In the adoption of zoning regulations, the municipal governing body shall consider:

(a)reasonable provision of adequate light and air;

(b)the effect on motorized and nonmotorized transportation systems;

(c)promotion of compatible urban growth;

(d)the character of the district and its peculiar suitability for particular uses; and

(e)conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

(3)In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that apply to the development or use of duplex housing may not be more restrictive than zoning regulations that are applicable to single-family residences.

(a)In a municipality that is designated as an urban area by the United States census bureau with a population over 5,000 as of the most recent census, the city council or other legislative body of the municipality shall allow as a permitted use multiple-unit dwellings and mixed-use developments that include multiple-unit dwellings on a parcel or lot that:

(i)has a will-serve letter from both a municipal water system and a municipal sewer system; and

(ii)is located in a commercial zone.

(b)Zoning regulations in municipalities meeting the requirements of subsection (4)(a) may not include a requirement to provide more than:

(i)one off-street parking space for each unit and accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.; or

(ii)an equivalent number of spaces required under subsection (4)(b)(i) provided through a shared parking agreement.

(5)As used in this section, the following definitions apply:

(a)"Duplex housing" means a parcel or lot with two dwelling units that are designed for residential occupancy by not more than two family units living independently from each other.

(b)"Family unit" means:

(i)a single person living or residing in a dwelling or place of residence; or

(ii)two or more persons living together or residing in the same dwelling or place of residence.

(c)"Mixed-use development" means a development consisting of residential and nonresidential uses in which the nonresidential uses are less than 50% of the total square footage of the development and are limited to the first floor of buildings that are two or more stories.

(d)"Multiple-unit dwelling" means a building designed for five or more dwelling units in which the dwelling units share a common separation like a ceiling or wall and in which access cannot be gained between units through an internal doorway, excluding common hallways.

(e)"Single-family residence" has the meaning provided in 70-24-103 .