17-79-614. Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)As used in this section:

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

(b)"Building design element" means:

(i)exterior color;

(ii)type or style of exterior cladding material;

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

(iv)exterior nonstructural architectural ornamentation;

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

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

(vii)number or type of rooms;

(viii)interior layout of a room;

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

(x)rear yard landscaping requirements;

(xi)minimum building dimensions; or

(xii)a requirement to install front yard fencing.

(c)"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.

(d)"Specified county" means the same as that term is defined in Section 17-80-101 .

(e)"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).

(2)Except as provided in Subsection

(3), a county may not impose a requirement for a building design element on a one- or two-family dwelling.

(3)Subsection

(2)does not apply to:

(a)a dwelling located within an area designated as a historic district in:

(i)the National Register of Historic Places;

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

(iii)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) ;

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

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

(d)building design elements agreed to under a development agreement;

(e)a dwelling located within an area that:

(i)is zoned primarily for residential use; and

(ii)was substantially developed before calendar year 1950;

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

(g)an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of:

(i)defects in the material of existing cladding; or

(ii)consistent defects in the installation of existing cladding;

(h)a land use regulation, including a planned unit development or overlay zone, that a property owner requests:

(i)the county to apply to the owner's property; and

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

(i)an ordinance enacted to mitigate the impacts of an accidental explosion:

(i)in excess of 20,000 pounds of trinitrotoluene equivalent;

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

(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.

(4)A county that is a specified county may not:

(a)require that the dimensions of a single parking space for a one- or two-family dwelling or town home be:

(i)for unobstructed, enclosed, or covered parking:

(A)more than 10 feet wide; or

(B)more than 20 feet long; or

(ii)for uncovered parking:

(A)more than nine feet wide; or

(B)more than 20 feet long;

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

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

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

(6)If a county requires a garage, the county shall count each parking space within the garage as part of the county's minimum parking space requirement as described in Section 17-80-303 .

(7)Nothing in this section prohibits a county from requiring on-site parking for owner-occupied affordable housing.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1