Effective 7/1/2023

10-9a-534.  Regulation of building design elements prohibited — Exceptions.

(1)  As used in this section, “building design element” means:

Terms Used In Utah Code 10-9a-534 v2

  • Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Land: includes :Utah Code 68-3-12.5
  • Local historic district or area: means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
(b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
    • (a)  exterior color;

    (b)  type or style of exterior cladding material;

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

    (d)  exterior nonstructural architectural ornamentation;

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

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

    (g)  number or type of rooms;

    (h)  interior layout of a room;

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

    (j)  rear yard landscaping requirements;

    (k)  minimum building dimensions; or

    (l)  a requirement to install front yard fencing.

    • (2)  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.

    (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; or

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

    (i)  the municipality 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.

    Amended by Chapter 160, 2023 General Session
    Amended by Chapter 478, 2023 General Session

      Previous section
    Next section  
     Part 5 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT