First Substitute H.B. 249

Representative Dean Sanpei proposes the following substitute bill:

1 SINGLE FAMILY ZONING DESIGNATION
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dean Sanpei
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a residential single family designation.
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of "single-family limit";
13 . allows a local government or a potentially aggrieved person to request an advisory
14 opinion on compliance with provisions related to a single family designation; and
15 . makes technical corrections.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-9a-505.5, as enacted by Laws of Utah 2010, Chapter 352
23 13-43-205, as last amended by Laws of Utah 2011, Chapters 47 and 385
24 17-27a-505.5, as enacted by Laws of Utah 2010, Chapter 352
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9a-505.5 is amended to read:
28 10-9a-505.5. Limit on single family designation.
29 (1) As used in this section, "single-family limit" means the number of unrelated
30 individuals allowed to occupy [a] each residential unit that is recognized by a land use
31 authority in a zone permitting occupancy by a single family.
32 (2) A municipality may not adopt a single-family limit that is less than:
33 (a) three, if the municipality has within its boundary:
34 (i) a state university; or
35 (ii) a private university with a student population of at least 20,000; or
36 (b) four, for each other municipality.
37 Section 2. Section 13-43-205 is amended to read:
38 13-43-205. Advisory opinion.
39 A local government or a potentially aggrieved person may, in accordance with Section
40 13-43-206 , request a written advisory opinion:
41 (1) from a neutral third party to determine compliance with:
42 (a) Section 10-9a-505.5 and Sections 10-9a-507 through 10-9a-511 ;
43 (b) Section 17-27a-505.5 and Sections 17-27a-506 through 17-27a-510 ; and
44 (c) Title 11, Chapter 36a, Impact Fees Act; and
45 (2) (a) at any time before a final decision on a land use application by a local appeal
46 authority under Section 10-9a-708 or 17-27a-708 ; or
47 (b) at any time before the deadline for filing an appeal with the district court under
48 Section 10-9a-801 or 17-27a-801 , if no local appeal authority is designated to hear the issue
49 that is the subject of the request for an advisory opinion.
50 Section 3. Section 17-27a-505.5 is amended to read:
51 17-27a-505.5. Limit on single family designation.
52 (1) As used in this section, "single-family limit" means the number of unrelated
53 individuals allowed to occupy [a] each residential unit that is recognized by a land use
54 authority in a zone permitting occupancy by a single family.
55 (2) A county may not adopt a single-family limit that is less than:
56 (a) three, if the county has within its unincorporated area:

57 (i) a state university; or
58 (ii) a private university with a student population of at least 20,000; or
59 (b) four, for each other county.