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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to local land use and development.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the penalties for noncompliance with the requirements applicable to a
13 political subdivision's moderate income housing report;
14 ▸ defines the circumstances under which a garage may be included in the definition of
15 an internal accessory dwelling unit;
16 ▸ amends a political subdivision's authority with respect to restrictions and
17 requirements for internal accessory dwelling units;
18 ▸ enacts a new process for subdivision review and approval; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 10-9a-408, as last amended by Laws of Utah 2022, Chapter 406
27 10-9a-530, as enacted by Laws of Utah 2021, Chapter 102
28 17-27a-408, as last amended by Laws of Utah 2022, Chapter 406
29 17-27a-526, as enacted by Laws of Utah 2021, Chapter 102
30 ENACTS:
31 10-9a-604.1, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 10-9a-408 is amended to read:
35 10-9a-408. Moderate income housing report -- Contents -- Prioritization for
36 funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
37 (1) As used in this section:
38 (a) "Division" means the Housing and Community Development Division within the
39 Department of Workforce Services.
40 (b) "Implementation plan" means the implementation plan adopted as part of the
41 moderate income housing element of a specified municipality's general plan as provided in
42 Subsection 10-9a-403(2)(c).
43 (c) "Moderate income housing report" or "report" means the report described in
44 Subsection (2)(a).
45 (d) "Moderate income housing strategy" means a strategy described in Subsection
46 10-9a-403(2)(b)(iii).
47 (e) "Specified municipality" means:
48 (i) a city of the first, second, third, or fourth class;
49 (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
50 within a county of the first, second, or third class; or
51 (iii) a metro township with a population of 5,000 or more.
52 (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
53 body of a specified municipality shall annually submit a written moderate income housing
54 report to the division.
55 (b) The moderate income housing report submitted in 2022 shall include:
56 (i) a description of each moderate income housing strategy selected by the specified
57 municipality for implementation; and
58 (ii) an implementation plan.
59 (c) The moderate income housing report submitted in each calendar year after 2022
60 shall include:
61 (i) the information required under Subsection (2)(b);
62 (ii) a description of each action, whether one-time or ongoing, taken by the specified
63 municipality during the previous fiscal year to implement the moderate income housing
64 strategies selected by the specified municipality for implementation;
65 (iii) a description of each land use regulation or land use decision made by the
66 specified municipality during the previous fiscal year to implement the moderate income
67 housing strategies, including an explanation of how the land use regulation or land use decision
68 supports the specified municipality's efforts to implement the moderate income housing
69 strategies;
70 (iv) a description of any barriers encountered by the specified municipality in the
71 previous fiscal year in implementing the moderate income housing strategies;
72 (v) information regarding the number of internal and external or detached accessory
73 dwelling units located within the specified municipality for which the specified municipality:
74 (A) issued a building permit to construct; or
75 (B) issued a business license to rent;
76 (vi) a description of how the market has responded to the selected moderate income
77 housing strategies, including the number of entitled moderate income housing units or other
78 relevant data; and
79 (vii) any recommendations on how the state can support the specified municipality in
80 implementing the moderate income housing strategies.
81 (d) The moderate income housing report shall be in a form:
82 (i) approved by the division; and
83 (ii) made available by the division on or before July 1 of the year in which the report is
84 required.
85 (3) Within 90 days after the day on which the division receives a specified
86 municipality's moderate income housing report, the division shall:
87 (a) post the report on the division's website;
88 (b) send a copy of the report to the Department of Transportation, the Governor's
89 Office of Planning and Budget, the association of governments in which the specified
90 municipality is located, and, if the specified municipality is located within the boundaries of a
91 metropolitan planning organization, the appropriate metropolitan planning organization; and
92 (c) subject to Subsection (4), review the report to determine compliance with
93 Subsection (2).
94 (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
95 report:
96 (i) includes the information required under Subsection (2)(b);
97 (ii) demonstrates to the division that the specified municipality made plans to
98 implement:
99 (A) three or more moderate income housing strategies if the specified municipality
100 does not have a fixed guideway public transit station; or
101 (B) subject to Subsection 10-9a-403(2)(b)(iv), five or more moderate income housing
102 strategies if the specified municipality has a fixed guideway public transit station; and
103 (iii) is in a form approved by the division.
104 (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
105 report:
106 (i) includes the information required under Subsection (2)(c);
107 (ii) demonstrates to the division that the specified municipality made plans to
108 implement:
109 (A) three or more moderate income housing strategies if the specified municipality
110 does not have a fixed guideway public transit station; or
111 (B) four or more moderate income housing strategies if the specified municipality has a
112 fixed guideway public transit station;
113 (iii) is in a form approved by the division; and
114 (iv) provides sufficient information for the division to:
115 (A) assess the specified municipality's progress in implementing the moderate income
116 housing strategies;
117 (B) monitor compliance with the specified municipality's implementation plan;
118 (C) identify a clear correlation between the specified municipality's land use
119 regulations and land use decisions and the specified municipality's efforts to implement the
120 moderate income housing strategies; and
121 (D) identify how the market has responded to the specified municipality's selected
122 moderate income housing strategies.
123 (5) (a) A specified municipality qualifies for priority consideration under this
124 Subsection (5) if the specified municipality's moderate income housing report:
125 (i) complies with Subsection (2); and
126 (ii) demonstrates to the division that the specified municipality made plans to
127 implement:
128 (A) five or more moderate income housing strategies if the specified municipality does
129 not have a fixed guideway public transit station; or
130 (B) six or more moderate income housing strategies if the specified municipality has a
131 fixed guideway public transit station.
132 (b) The following apply to a specified municipality described in Subsection (5)(a)
133 during the fiscal year immediately following the fiscal year in which the report is required:
134 (i) the Transportation Commission may give priority consideration to transportation
135 projects located within the boundaries of the specified municipality in accordance with
136 Subsection 72-1-304(3)(c); and
137 (ii) the Governor's Office of Planning and Budget may give priority consideration for
138 awarding financial grants to the specified municipality under the COVID-19 Local Assistance
139 Matching Grant Program in accordance with Subsection 63J-4-802(6).
140 (c) Upon determining that a specified municipality qualifies for priority consideration
141 under this Subsection (5), the division shall send a notice of prioritization to the legislative
142 body of the specified municipality, the Department of Transportation, and the Governor's
143 Office of Planning and Budget.
144 (d) The notice described in Subsection (5)(c) shall:
145 (i) name the specified municipality that qualifies for priority consideration;
146 (ii) describe the funds or projects for which the specified municipality qualifies to
147 receive priority consideration;
148 (iii) specify the fiscal year during which the specified municipality qualifies for priority
149 consideration; and
150 (iv) state the basis for the division's determination that the specified municipality
151 qualifies for priority consideration.
152 (6) (a) If the division, after reviewing a specified municipality's moderate income
153 housing report, determines that the report does not comply with Subsection (2), the division
154 shall send a notice of noncompliance to the legislative body of the specified municipality.
155 (b) The notice described in Subsection (6)(a) shall:
156 (i) describe each deficiency in the report and the actions needed to cure each
157 deficiency;
158 (ii) state that the specified municipality has an opportunity to cure the deficiencies
159 within 90 days after the day on which the notice is sent; and
160 (iii) state that failure to cure the deficiencies within 90 days after the day on which the
161 notice is sent will result in ineligibility for funds and fees owed under Subsection (7).
162 (7) (a) A specified municipality is ineligible for funds and owes a fee under this
163 Subsection (7) if the specified municipality:
164 (i) fails to submit a moderate income housing report to the division; or
165 (ii) fails to cure the deficiencies in the specified municipality's moderate income
166 housing report within 90 days after the day on which the division sent to the specified
167 municipality a notice of noncompliance under Subsection (6).
168 (b) The following apply to a specified municipality described in Subsection (7)(a)
169 during the fiscal year immediately following the fiscal year in which the report is required:
170 (i) the executive director of the Department of Transportation may not program funds
171 from the Transportation Investment Fund of 2005, including the Transit Transportation
172 Investment Fund, to projects located within the boundaries of the specified municipality in
173 accordance with Subsection 72-2-124(5); and
174 [
175
176
177 (ii) beginning with the moderate income housing report submitted in 2024, the
178 specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of
179 $250 per day that the specified municipality:
180 (A) fails to submit a moderate income housing report to the division in accordance
181 with Subsection (2), beginning the day after the day on which the report was due; or
182 (B) fails to cure the deficiencies in the specified municipality's moderate income
183 housing report, beginning the day after the day by which the cure was required to occur as
184 described in the notice under Subsection (6)(b).
185 (c) Upon determining that a specified municipality is ineligible for funds under this
186 Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
187 specified municipality, the Department of Transportation, and the Governor's Office of
188 Planning and Budget.
189 (d) The notice described in Subsection (7)(c) shall:
190 (i) name the specified municipality that is ineligible for funds;
191 (ii) describe the funds for which the specified municipality is ineligible to receive;
192 (iii) specify the fiscal year during which the specified municipality is ineligible for
193 funds; and
194 (iv) state the basis for the division's determination that the specified municipality is
195 ineligible for funds.
196 (8) In a civil action seeking enforcement or claiming a violation of this section or of
197 Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
198 injunctive or other equitable relief.
199 Section 2. Section 10-9a-530 is amended to read:
200 10-9a-530. Internal accessory dwelling units.
201 (1) As used in this section:
202 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
203 (i) within a primary dwelling;
204 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
205 time the internal accessory dwelling unit is created; and
206 (iii) for the purpose of offering a long-term rental of [
207 longer.
208 (b) (i) "Primary dwelling" means a single-family dwelling that:
209 [
210 [
211 (ii) "Primary dwelling" includes a garage if the garage is connected to the primary
212 dwelling by a common wall.
213 (2) In any area zoned primarily for residential use:
214 (a) the use of an internal accessory dwelling unit is a permitted use; [
215 (b) except as provided in Subsections (3) and (4), a municipality may not establish any
216 restrictions or requirements for the construction or use of one internal accessory dwelling unit
217 within a primary dwelling, including a restriction or requirement governing:
218 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
219 (ii) total lot size; [
220 (iii) street frontage[
221 (iv) internal connectivity; and
222 (c) a municipality's regulation of architectural elements for internal accessory dwelling
223 units must be consistent with the regulation for single family units.
224 (3) An internal accessory dwelling unit shall comply with all applicable building,
225 health, and fire codes.
226 (4) A municipality may:
227 (a) prohibit the installation of a separate utility meter for an internal accessory dwelling
228 unit;
229 (b) require that an internal accessory dwelling unit be designed in a manner that does
230 not change the appearance of the primary dwelling as a single-family dwelling;
231 (c) require a primary dwelling:
232 (i) regardless of whether the primary dwelling is existing or new construction, to
233 include one additional on-site parking space for an internal accessory dwelling unit, [
234
235 spaces required under the municipality's land use ordinance, except that if the municipality's
236 land use ordinance requires four or more off-street parking spaces within the setbacks, the
237 municipality may not require the additional space contemplated under this Subsection (4)(c)(i);
238 and
239 (ii) to replace any parking spaces contained within a garage or carport if an internal
240 accessory dwelling unit is created within the garage or carport;
241 (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
242 defined in Section 57-16-3;
243 (e) require the owner of a primary dwelling to obtain a permit or license for renting an
244 internal accessory dwelling unit;
245 (f) prohibit the creation of an internal accessory dwelling unit within a zoning district
246 covering an area that is equivalent to:
247 (i) 25% or less of the total area in the municipality that is zoned primarily for
248 residential use, except that the municipality may not prohibit newly constructed internal
249 accessory dwelling units with a final plat approval dated on or after October 1, 2021; or
250 (ii) 67% or less of the total area in the municipality that is zoned primarily for
251 residential use, if the main campus of a state or private university with a student population of
252 10,000 or more is located within the municipality;
253 (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
254 is served by a failing septic tank;
255 (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
256 primary dwelling is 6,000 square feet or less in size;
257 (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
258 period of less than 30 consecutive days;
259 (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
260 dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
261 (k) hold a lien against a property that contains an internal accessory dwelling unit in
262 accordance with Subsection (5); and
263 (l) record a notice for an internal accessory dwelling unit in accordance with
264 Subsection (6).
265 (5) (a) In addition to any other legal or equitable remedies available to a municipality, a
266 municipality may hold a lien against a property that contains an internal accessory dwelling
267 unit if:
268 (i) the owner of the property violates any of the provisions of this section or any
269 ordinance adopted under Subsection (4);
270 (ii) the municipality provides a written notice of violation in accordance with
271 Subsection (5)(b);
272 (iii) the municipality holds a hearing and determines that the violation has occurred in
273 accordance with Subsection (5)(d), if the owner files a written objection in accordance with
274 Subsection (5)(b)(iv);
275 (iv) the owner fails to cure the violation within the time period prescribed in the
276 written notice of violation under Subsection (5)(b);
277 (v) the municipality provides a written notice of lien in accordance with Subsection
278 (5)(c); and
279 (vi) the municipality records a copy of the written notice of lien described in
280 Subsection [
281 located.
282 (b) The written notice of violation shall:
283 (i) describe the specific violation;
284 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
285 to cure the violation that is:
286 (A) no less than 14 days after the day on which the municipality sends the written
287 notice of violation, if the violation results from the owner renting or offering to rent the internal
288 accessory dwelling unit for a period of less than 30 consecutive days; or
289 (B) no less than 30 days after the day on which the municipality sends the written
290 notice of violation, for any other violation;
291 (iii) state that if the owner of the property fails to cure the violation within the time
292 period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property
293 in an amount of up to $100 for each day of violation after the day on which the opportunity to
294 cure the violation expires;
295 (iv) notify the owner of the property:
296 (A) that the owner may file a written objection to the violation within 14 days after the
297 day on which the written notice of violation is post-marked or posted on the property; and
298 (B) of the name and address of the municipal office where the owner may file the
299 written objection;
300 (v) be mailed to:
301 (A) the property's owner of record; and
302 (B) any other individual designated to receive notice in the owner's license or permit
303 records; and
304 (vi) be posted on the property.
305 (c) The written notice of lien shall:
306 (i) comply with the requirements of Section 38-12-102;
307 (ii) state that the property is subject to a lien;
308 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
309 the day on which the opportunity to cure the violation expires;
310 (iv) be mailed to:
311 (A) the property's owner of record; and
312 (B) any other individual designated to receive notice in the owner's license or permit
313 records; and
314 (v) be posted on the property.
315 (d) (i) If an owner of property files a written objection in accordance with Subsection
316 (5)(b)(iv), the municipality shall:
317 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
318 Act, to conduct a review and determine whether the specific violation described in the written
319 notice of violation under Subsection (5)(b) has occurred; and
320 (B) notify the owner in writing of the date, time, and location of the hearing described
321 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
322 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
323 municipality may not record a lien under this Subsection (5) until the municipality holds a
324 hearing and determines that the specific violation has occurred.
325 (iii) If the municipality determines at the hearing that the specific violation has
326 occurred, the municipality may impose a lien in an amount of up to $100 for each day of
327 violation after the day on which the opportunity to cure the violation expires, regardless of
328 whether the hearing is held after the day on which the opportunity to cure the violation has
329 expired.
330 (e) If an owner cures a violation within the time period prescribed in the written notice
331 of violation under Subsection (5)(b), the municipality may not hold a lien against the property,
332 or impose any penalty or fee on the owner, in relation to the specific violation described in the
333 written notice of violation under Subsection (5)(b).
334 (6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an
335 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
336 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
337 notice in the office of the recorder of the county in which the primary dwelling is located.
338 (b) The notice described in Subsection (6)(a) shall include:
339 (i) a description of the primary dwelling;
340 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
341 and
342 (iii) a statement that the internal accessory dwelling unit may only be used in
343 accordance with the municipality's land use regulations.
344 (c) The municipality shall, upon recording the notice described in Subsection (6)(a),
345 deliver a copy of the notice to the owner of the internal accessory dwelling unit.
346 Section 3. Section 10-9a-604.1 is enacted to read:
347 10-9a-604.1. Process for subdivision review and approval.
348 (1) As used in this section:
349 (a) "Administrative land use authority" means a person, board, or commission,
350 including municipal staff or a municipal planning commission.
351 (b) "Administrative land use authority" does not include a municipal legislative body.
352 (2) A municipal ordinance governing the subdivision of land shall:
353 (a) comply with this section;
354 (b) designate a single administrative land use authority for the review of preliminary
355 applications to subdivide land; and
356 (c) identify a standard method and form of application for preliminary subdivision
357 applications and final subdivision applications.
358 (3) A preliminary subdivision application shall comply with all applicable municipal
359 ordinances and requirements of this section.
360 (4) An administrative land use authority shall review a preliminary subdivision
361 application in a public meeting.
362 (5) With respect to a preliminary application to subdivide land, an administrative land
363 use authority may:
364 (a) receive public comment; and
365 (b) conduct one public hearing.
366 (6) A municipality shall give written notice of the preliminary subdivision application
367 and the time, place, and manner of the public meeting under Subsection (4), and any public
368 comment opportunity or public hearing under Subsection (5), at least 30 days before the
369 meeting, public comment opportunity, or public hearing, by:
370 (a) mailing the notice to the owners of any property that is within 300 feet of the
371 property that is the subject property of the application to subdivide land; or
372 (b) posting the notice on a sign that:
373 (i) is on the property that is the subject property of the application to subdivide; and
374 (ii) at a location and of sufficient size, durability, and print quality that is reasonably
375 calculated to give notice to passers-by.
376 (7) (a) An administrative land use authority shall approve a preliminary subdivision
377 application if the application and record of proceedings before the administrative land use
378 authority demonstrate that the application complies with:
379 (i) the applicable municipal ordinances; and
380 (ii) the requirements of this section.
381 (b) An administrative land use authority may deny a preliminary subdivision
382 application only if there is substantial evidence to show that the application does not comply
383 with:
384 (i) the applicable municipal ordinances; or
385 (ii) the requirements of this section.
386 (8) A municipality shall review and approve or deny a final subdivision application in
387 accordance with the provisions of this section and municipal ordinances, which:
388 (a) may permit concurrent processing of the final subdivision application with the
389 preliminary subdivision application; and
390 (b) shall not require planning commission or city council approval.
391 (9) A municipality shall approve the final subdivision application if the final
392 subdivision application complies with:
393 (a) the preliminary subdivision approval granted under Subsection (7)(a);
394 (b) the applicable municipal ordinances; and
395 (c) the requirements of this section.
396 Section 4. Section 17-27a-408 is amended to read:
397 17-27a-408. Moderate income housing report -- Contents -- Prioritization for
398 funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
399 (1) As used in this section:
400 (a) "Division" means the Housing and Community Development Division within the
401 Department of Workforce Services.
402 (b) "Implementation plan" means the implementation plan adopted as part of the
403 moderate income housing element of a specified county's general plan as provided in
404 Subsection [
405 (c) "Moderate income housing report" or "report" means the report described in
406 Subsection (2)(a).
407 (d) "Moderate income housing strategy" means a strategy described in Subsection
408 17-27a-403(2)(b)(ii).
409 (e) "Specified county" means a county of the first, second, or third class, which has a
410 population of more than 5,000 in the county's unincorporated areas.
411 (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
412 body of a specified county shall annually submit a written moderate income housing report to
413 the division.
414 (b) The moderate income housing report submitted in 2022 shall include:
415 (i) a description of each moderate income housing strategy selected by the specified
416 county for implementation; and
417 (ii) an implementation plan.
418 (c) The moderate income housing report submitted in each calendar year after 2022
419 shall include:
420 (i) the information required under Subsection (2)(b);
421 (ii) a description of each action, whether one-time or ongoing, taken by the specified
422 county during the previous fiscal year to implement the moderate income housing strategies
423 selected by the specified county for implementation;
424 (iii) a description of each land use regulation or land use decision made by the
425 specified county during the previous fiscal year to implement the moderate income housing
426 strategies, including an explanation of how the land use regulation or land use decision
427 supports the specified county's efforts to implement the moderate income housing strategies;
428 (iv) a description of any barriers encountered by the specified county in the previous
429 fiscal year in implementing the moderate income housing strategies; and
430 (v) information regarding the number of internal and external or detached accessory
431 dwelling units located within the specified county for which the specified county:
432 (A) issued a building permit to construct; or
433 (B) issued a business license to rent;
434 (vi) a description of how the market has responded to the selected moderate income
435 housing strategies, including the number of entitled moderate income housing units or other
436 relevant data; and
437 (vii) any recommendations on how the state can support the specified county in
438 implementing the moderate income housing strategies.
439 (d) The moderate income housing report shall be in a form:
440 (i) approved by the division; and
441 (ii) made available by the division on or before July 1 of the year in which the report is
442 required.
443 (3) Within 90 days after the day on which the division receives a specified county's
444 moderate income housing report, the division shall:
445 (a) post the report on the division's website;
446 (b) send a copy of the report to the Department of Transportation, the Governor's
447 Office of Planning and Budget, the association of governments in which the specified county is
448 located, and, if the unincorporated area of the specified county is located within the boundaries
449 of a metropolitan planning organization, the appropriate metropolitan planning organization;
450 and
451 (c) subject to Subsection (4), review the report to determine compliance with
452 Subsection (2).
453 (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
454 report:
455 (i) includes the information required under Subsection (2)(b);
456 (ii) demonstrates to the division that the specified county made plans to implement
457 three or more moderate income housing strategies; and
458 (iii) is in a form approved by the division.
459 (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
460 report:
461 (i) includes the information required under Subsection (2)(c);
462 (ii) demonstrates to the division that the specified county made plans to implement
463 three or more moderate income housing strategies;
464 (iii) is in a form approved by the division; and
465 (iv) provides sufficient information for the division to:
466 (A) assess the specified county's progress in implementing the moderate income
467 housing strategies;
468 (B) monitor compliance with the specified county's implementation plan;
469 (C) identify a clear correlation between the specified county's land use decisions and
470 efforts to implement the moderate income housing strategies; and
471 (D) identify how the market has responded to the specified county's selected moderate
472 income housing strategies.
473 (5) (a) A specified county qualifies for priority consideration under this Subsection (5)
474 if the specified county's moderate income housing report:
475 (i) complies with Subsection (2); and
476 (ii) demonstrates to the division that the specified county made plans to implement five
477 or more moderate income housing strategies.
478 (b) The following apply to a specified county described in Subsection (5)(a) during the
479 fiscal year immediately following the fiscal year in which the report is required:
480 (i) the Transportation Commission may give priority consideration to transportation
481 projects located within the unincorporated areas of the specified county in accordance with
482 Subsection 72-1-304(3)(c); and
483 (ii) the Governor's Office of Planning and Budget may give priority consideration for
484 awarding financial grants to the specified county under the COVID-19 Local Assistance
485 Matching Grant Program in accordance with Subsection 63J-4-802(6).
486 (c) Upon determining that a specified county qualifies for priority consideration under
487 this Subsection (5), the division shall send a notice of prioritization to the legislative body of
488 the specified county, the Department of Transportation, and the Governor's Office of Planning
489 and Budget.
490 (d) The notice described in Subsection (5)(c) shall:
491 (i) name the specified county that qualifies for priority consideration;
492 (ii) describe the funds or projects for which the specified county qualifies to receive
493 priority consideration;
494 (iii) specify the fiscal year during which the specified county qualifies for priority
495 consideration; and
496 (iv) state the basis for the division's determination that the specified county qualifies
497 for priority consideration.
498 (6) (a) If the division, after reviewing a specified county's moderate income housing
499 report, determines that the report does not comply with Subsection (2), the division shall send a
500 notice of noncompliance to the legislative body of the specified county.
501 (b) The notice described in Subsection (6)(a) shall:
502 (i) describe each deficiency in the report and the actions needed to cure each
503 deficiency;
504 (ii) state that the specified county has an opportunity to cure the deficiencies within 90
505 days after the day on which the notice is sent; and
506 (iii) state that failure to cure the deficiencies within 90 days after the day on which the
507 notice is sent will result in ineligibility for funds and fees owed under Subsection (7).
508 (7) (a) A specified county is ineligible for funds and owes a fee under this Subsection
509 (7) if the specified county:
510 (i) fails to submit a moderate income housing report to the division; or
511 (ii) fails to cure the deficiencies in the specified county's moderate income housing
512 report within 90 days after the day on which the division sent to the specified county a notice of
513 noncompliance under Subsection (6).
514 (b) The following apply to a specified county described in Subsection (7)(a) during the
515 fiscal year immediately following the fiscal year in which the report is required:
516 (i) the executive director of the Department of Transportation may not program funds
517 from the Transportation Investment Fund of 2005, including the Transit Transportation
518 Investment Fund, to projects located within the unincorporated areas of the specified county in
519 accordance with Subsection 72-2-124(6); and
520 [
521
522
523 (ii) beginning with the moderate income housing report submitted in 2024, the
524 specified county shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250
525 per day that the specified county:
526 (A) fails to submit a moderate income housing report to the division in accordance
527 with Subsection (2), beginning the day after the day on which the report was due; or
528 (B) fails to cure the deficiencies in the specified municipality's moderate income
529 housing report, beginning the day after the day by which the cure was required to occur as
530 described in the notice under Subsection (6)(b).
531 (c) Upon determining that a specified county is ineligible for funds under this
532 Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
533 specified county, the Department of Transportation, and the Governor's Office of Planning and
534 Budget.
535 (d) The notice described in Subsection (7)(c) shall:
536 (i) name the specified county that is ineligible for funds;
537 (ii) describe the funds for which the specified county is ineligible to receive;
538 (iii) specify the fiscal year during which the specified county is ineligible for funds;
539 and
540 (iv) state the basis for the division's determination that the specified county is ineligible
541 for funds.
542 (8) In a civil action seeking enforcement or claiming a violation of this section or of
543 Subsection 17-27a-404(5)(c), a plaintiff may not recover damages but may be awarded only
544 injunctive or other equitable relief.
545 Section 5. Section 17-27a-526 is amended to read:
546 17-27a-526. Internal accessory dwelling units.
547 (1) As used in this section:
548 (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
549 (i) within a primary dwelling;
550 (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
551 time the internal accessory dwelling unit is created; and
552 (iii) for the purpose of offering a long-term rental of [
553 longer.
554 (b) (i) "Primary dwelling" means a single-family dwelling that:
555 [
556 [
557 (ii) "Primary dwelling" includes a garage if the garage is connected to the primary
558 dwelling by a common wall.
559 (2) In any area zoned primarily for residential use:
560 (a) the use of an internal accessory dwelling unit is a permitted use; [
561 (b) except as provided in Subsections (3) and (4), a county may not establish any
562 restrictions or requirements for the construction or use of one internal accessory dwelling unit
563 within a primary dwelling, including a restriction or requirement governing:
564 (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
565 (ii) total lot size; [
566 (iii) street frontage[
567 (iv) internal connectivity; and
568 (c) a county's regulation of architectural elements for internal accessory dwelling units
569 must be consistent with the regulation for single family units.
570 (3) An internal accessory dwelling unit shall comply with all applicable building,
571 health, and fire codes.
572 (4) A county may:
573 (a) prohibit the installation of a separate utility meter for an internal accessory dwelling
574 unit;
575 (b) require that an internal accessory dwelling unit be designed in a manner that does
576 not change the appearance of the primary dwelling as a single-family dwelling;
577 (c) require a primary dwelling:
578 (i) regardless of whether the primary dwelling is existing or new construction, to
579 include one additional on-site parking space for an internal accessory dwelling unit, [
580
581 spaces required under the county's land use ordinance, except that if the county's land use
582 ordinance requires four or more off-street parking spaces within the setbacks, the county may
583 not require the additional space contemplated under this Subsection (4)(c)(i); and
584 (ii) to replace any parking spaces contained within a garage or carport if an internal
585 accessory dwelling unit is created within the garage or carport;
586 (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
587 defined in Section 57-16-3;
588 (e) require the owner of a primary dwelling to obtain a permit or license for renting an
589 internal accessory dwelling unit;
590 (f) prohibit the creation of an internal accessory dwelling unit within a zoning district
591 covering an area that is equivalent to 25% or less of the total unincorporated area in the county
592 that is zoned primarily for residential use, except that the municipality may not prohibit newly
593 constructed internal accessory dwelling units with a final plat approval dated on or after
594 October 1, 2021;
595 (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
596 is served by a failing septic tank;
597 (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
598 primary dwelling is 6,000 square feet or less in size;
599 (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
600 period of less than 30 consecutive days;
601 (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
602 dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
603 (k) hold a lien against a property that contains an internal accessory dwelling unit in
604 accordance with Subsection (5); and
605 (l) record a notice for an internal accessory dwelling unit in accordance with
606 Subsection (6).
607 (5) (a) In addition to any other legal or equitable remedies available to a county, a
608 county may hold a lien against a property that contains an internal accessory dwelling unit if:
609 (i) the owner of the property violates any of the provisions of this section or any
610 ordinance adopted under Subsection (4);
611 (ii) the county provides a written notice of violation in accordance with Subsection
612 (5)(b);
613 (iii) the county holds a hearing and determines that the violation has occurred in
614 accordance with Subsection (5)(d), if the owner files a written objection in accordance with
615 Subsection (5)(b)(iv);
616 (iv) the owner fails to cure the violation within the time period prescribed in the
617 written notice of violation under Subsection (5)(b);
618 (v) the county provides a written notice of lien in accordance with Subsection (5)(c);
619 and
620 (vi) the county records a copy of the written notice of lien described in Subsection
621 [
622 (b) The written notice of violation shall:
623 (i) describe the specific violation;
624 (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
625 to cure the violation that is:
626 (A) no less than 14 days after the day on which the county sends the written notice of
627 violation, if the violation results from the owner renting or offering to rent the internal
628 accessory dwelling unit for a period of less than 30 consecutive days; or
629 (B) no less than 30 days after the day on which the county sends the written notice of
630 violation, for any other violation; [
631 (iii) state that if the owner of the property fails to cure the violation within the time
632 period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an
633 amount of up to $100 for each day of violation after the day on which the opportunity to cure
634 the violation expires;
635 (iv) notify the owner of the property:
636 (A) that the owner may file a written objection to the violation within 14 days after the
637 day on which the written notice of violation is post-marked or posted on the property; and
638 (B) of the name and address of the county office where the owner may file the written
639 objection;
640 (v) be mailed to:
641 (A) the property's owner of record; and
642 (B) any other individual designated to receive notice in the owner's license or permit
643 records; and
644 (vi) be posted on the property.
645 (c) The written notice of lien shall:
646 (i) comply with the requirements of Section 38-12-102;
647 (ii) describe the specific violation;
648 (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
649 the day on which the opportunity to cure the violation expires;
650 (iv) be mailed to:
651 (A) the property's owner of record; and
652 (B) any other individual designated to receive notice in the owner's license or permit
653 records; and
654 (v) be posted on the property.
655 (d) (i) If an owner of property files a written objection in accordance with Subsection
656 (5)(b)(iv), the county shall:
657 (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
658 Act, to conduct a review and determine whether the specific violation described in the written
659 notice of violation under Subsection (5)(b) has occurred; and
660 (B) notify the owner in writing of the date, time, and location of the hearing described
661 in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
662 (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
663 county may not record a lien under this Subsection (5) until the county holds a hearing and
664 determines that the specific violation has occurred.
665 (iii) If the county determines at the hearing that the specific violation has occurred, the
666 county may impose a lien in an amount of up to $100 for each day of violation after the day on
667 which the opportunity to cure the violation expires, regardless of whether the hearing is held
668 after the day on which the opportunity to cure the violation has expired.
669 (e) If an owner cures a violation within the time period prescribed in the written notice
670 of violation under Subsection (5)(b), the county may not hold a lien against the property, or
671 impose any penalty or fee on the owner, in relation to the specific violation described in the
672 written notice of violation under Subsection (5)(b).
673 (6) (a) A county that issues, on or after October 1, 2021, a permit or license to an
674 owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
675 an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
676 notice in the office of the recorder of the county in which the primary dwelling is located.
677 (b) The notice described in Subsection (6)(a) shall include:
678 (i) a description of the primary dwelling;
679 (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
680 and
681 (iii) a statement that the internal accessory dwelling unit may only be used in
682 accordance with the county's land use regulations.
683 (c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a
684 copy of the notice to the owner of the internal accessory dwelling unit.