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S.B. 158 Enrolled

                 

MANUFACTURED HOUSING DEVELOPMENT EQUAL TREATMENT

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: D. Chris Buttars

                  This act modifies the Utah Municipal Code and provisions relating to Counties to require
                  municipalities and counties to treat developments that include manufactured homes the same
                  as developments that do not include manufactured homes. The act prohibits municipalities
                  and counties from rejecting development plans solely because they include manufactured
                  homes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      10-9-106.5, as enacted by Chapter 55, Laws of Utah 1996
                      17-27-105.5, as enacted by Chapter 55, Laws of Utah 1996
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 10-9-106.5 is amended to read:
                       10-9-106.5. Manufactured homes.
                      (1) For purposes of this section, a manufactured home is the same as defined in Section
                  58-56-3 , except that the manufactured home must be attached to a permanent foundation in
                  accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection
                  in compliance with the applicable building code. All appendages, including carports, garages,
                  storage buildings, additions, or alterations must be built in compliance with the applicable building
                  code.
                      (2) A manufactured home may not be excluded from any zone or area in which a
                  single-family residence would be permitted, provided the manufactured home complies with all
                  local zoning, building code, and subdivision requirements, including any restrictive covenants,
                  applicable to single family residence within that zone or area.
                      (3) A municipality may not:
                      (a) adopt or enforce an ordinance or regulation that treats a proposed development that
                  includes manufactured homes differently than one that does not include manufactured homes; or


                      (b) reject a development plan based on the fact that the development is expected to contain
                  manufactured homes.
                      Section 2. Section 17-27-105.5 is amended to read:
                       17-27-105.5. Manufactured homes.
                      (1) For purposes of this section, a manufactured home is the same as defined in Section
                  58-56-3 , except that the manufactured home must be attached to a permanent foundation in
                  accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in
                  compliance with the applicable building code. All appendages, including carports, garages, storage
                  buildings, additions, or alterations must be built in compliance with the applicable building code.
                      (2) A manufactured home may not be excluded from any zone or area in which a
                  single-family residence would be permitted, provided the manufactured home complies with all
                  local zoning, building code, and subdivision requirements, including any restrictive covenants,
                  applicable to single-family residence within that zone or area.
                      (3) A county may not:
                      (a) adopt or enforce an ordinance or regulation that treats a proposed development that
                  includes manufactured homes differently than one that does not include manufactured homes; or
                      (b) reject a development plan based on the fact that the development is expected to contain
                  manufactured homes.

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