This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 27, 2023 at 3:58 PM by lpoole.
1 2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill prohibits certain municipal and county land use regulations.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits a county or municipal legislative body from Ŝ→ [
13a enforcing a land
14 use regulation that regulates co-owned homes differently from other residential
15 units; and
16 ▸ prohibits a county or municipal legislative body from using a land use regulation
17 regarding co-owned homes to punish individuals for owning or using a co-owned
18 home.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 10-8-85.10, Utah Code Annotated 1953
26 17-50-340, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-8-85.10 is enacted to read:
30 10-8-85.10. Ordinances regarding co-ownership -- Prohibition on municipal
31 ordinances restricting co-ownership models.
32 (1) As used in this section:
33 (a) "Co-owned home" means any residential unit that is jointly owned, in any manner
34 or form, by any combination of individuals or entities.
35 (b) "Residential unit" means the same as that term is defined in Section 10-8-85.4.
36 (2) Notwithstanding Section 10-9a-501 and Subsection 10-9a-503(1), a municipal
37 legislative body may not:
38 (a) Ŝ→ [
38a differently
39 than other residential units; or
40 (b) use a land use regulation governing co-owned homes to fine, charge, prosecute, or
41 otherwise punish an individual solely for the act of owning or using a co-owned home.
42 (3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use
43 regulations, if the regulations are applied equally to all residential units, including co-owned
44 homes.
45 (4) This section does not limit private individuals or associations from adopting rules
46 or regulations governing co-owned homes.
46a Ŝ→ (5) Nothing in this section limits a municipality's authority to adopt or enforce regulations
46b regarding:
46c (a) accessory dwelling units, as defined in Section 10-9a-103;
46d (b) internal accessory dwelling units, as defined in Section 10-9a-511.5; or
46e (c) the rental of a residential unit for fewer than 30 days consistent with Section
46f 10-8-85.4. ←Ŝ
47 Section 2. Section 17-50-340 is enacted to read:
48 17-50-340. Ordinances regarding co-ownership -- Prohibition on county
49 ordinances restricting co-ownership models.
50 (1) As used in this section:
51 (a) "Co-owned home" means any residential unit that is jointly owned, in any manner
52 or form, by any combination of individuals or entities.
53 (b) "Residential unit" means the same as that term is defined in Section 17-50-338.
54 (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a county
55 legislative body may not:
56 (a) Ŝ→ [
56a differently than
57 other residential units; or
58 (b) use a land use regulation that regulates co-owned homes to fine, charge, prosecute,
59 or otherwise punish an individual solely for the act of owning or using a co-owned home.
60 (3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use
61 regulations, if the regulations are applied equally to all residential units, including co-owned
62 homes.
63 (4) This section does not limit homeowners' associations or condominium associations
64 from adopting rules or regulations governing co-owned homes.
64a Ŝ→ (5) Nothing in this section limits a county's authority to adopt or enforce regulations
64b regarding:
64c (a) accessory dwelling units, as defined in Section 17-27a-103;
64d (b) internal accessory dwelling units, as defined in Section 17-27a-510.5; or
64e (c) the rental of a residential unit for fewer than 30 days consistent with Section
64f 17-50-338. ←Ŝ