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Current as of May 05, 2022 | Updated by FindLaw Staff
(1) As used in this section, “building design element” means:
(a) exterior color;
(b) type or style of exterior cladding material;
(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d) exterior nonstructural architectural ornamentation;
(e) location, design, placement, or architectural styling of a window or door;
(f) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door;
(g) number or type of rooms;
(h) interior layout of a room;
(i) minimum square footage over 1,000 square feet, not including a garage;
(j) rear yard landscaping requirements;
(k) minimum building dimensions; or
(l) a requirement to install front yard fencing.
(2) Except as provided in Subsection (3), a municipality may not impose a requirement for a building design element on a one to 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 9-8-402; or
(iii) a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021;
(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;
(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; or
(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.
Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-9a-534. Regulation of building design elements prohibited--Exceptions - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-9a-534/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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