Utah Code 17-27a-534. Residential rear setback limitations
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(1) As used in this section:
Terms Used In Utah Code 17-27a-534
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
- Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Recess: A temporary interruption of the legislative business.
- Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(1)(a) “Allowable feature” means:(1)(a)(i) a landing or walkout porch that:(1)(a)(i)(A) is no more than 32 square feet in size; and(1)(a)(i)(B) is used for ingress to and egress from the rear of the residential dwelling; or(1)(a)(ii) a window well.(1)(b) “Landing” means an uncovered, above-ground platform, with or without stairs, connected to the rear of a residential dwelling.(1)(c) “Setback” means the required distance between the property line of a lot or parcel and the location where a structure is allowed to be placed under an adopted land use regulation.(1)(d) “Walkout porch” means an uncovered platform that is on the ground and connected to the rear of a residential dwelling.(1)(e) “Window well” means a recess in the ground around a residential dwelling to allow for ingress and egress through a window installed in a basement that is fully or partially below ground.
(2) A county may not enact or enforce an ordinance, resolution, or policy that prohibits or has the effect of prohibiting an allowable feature within the rear setback of a residential building lot or parcel.
(3) Subsection (2) does not apply to a historic district located within the unincorporated area of a county.