Effective 7/1/2023
17-27a-530. Regulation of building design elements prohibited — Exceptions.
| (1) |
As used in this section, “building design element” means:
Terms Used In Utah Code 17-27a-530 v2- Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-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
- 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 17-27a-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 county may not impose a requirement for a building design element on a one- or two-famiy 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 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. |
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Amended by Chapter 160, 2023 General Session
Amended by Chapter 478, 2023 General Session
