Title 10
Chapter 20
Part 6
Section 618
| Index | Utah Code |
| Title 10 | Utah Municipal Code |
| Chapter 20 | Municipal Land Use, Development, and Management Act |
| Part 6 | Land Use Regulations - Particular Situations |
| Section 618 | Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.
(Effective 11/6/2025)
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Effective 11/6/2025
10-20-618.
Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.
| (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:
| (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. |
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| (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 municipality" means the same as that term is defined in Section 10-21-101. |
| (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). |
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| (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); |
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| (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; |
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| (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; |
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| (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; or |
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| (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. |
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| (4) | A municipality that is a specified municipality 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 |
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| (ii) | for uncovered parking:
| (A) | more than nine feet wide; or |
| (B) | more than 20 feet long; |
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| (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. |
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| (5) | A municipality may not require a garage for a single-family attached or detached dwelling that is owner-occupied affordable housing. |
| (6) | If a municipality requires a garage, the municipality shall count each parking space within the garage as part of the municipality's minimum parking space requirement as described in Section 10-21-303. |
| (7) | Nothing in this section prohibits a municipality from requiring on-site parking for owner-occupied affordable housing. |
Renumbered and Amended by Chapter
15, 2025 Special Session 1