HB 184 — Small Lots and Starter Homes Amendments

HB0184S03 compared with HB0184S01HB0184 {Omitted text} shows text that was in HB0184S01HB0184 but was omitted in HB0184S03 inserted text shows text that was not in HB0184S01HB0184 but was inserted into HB0184S03 DISCLAIMER:

{Local Land Use Revisions} Small Lots and Starter Homes Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

▸ requires {a } the municipality or county to determine if a request conforms with a pHeferredpreferred land use regulation and provide notice of the determination to the applicant;

▸ authorizes a planning commission or legislative body to deny a request, under certaincertaiH conditions, that conforms with a preferred land use regulation;

8B ▸ provides that if a planning commission or legislative body does not deny a request thatt1at conforms S with a preferred land use regulation within {30 } 45 days, the request becomes a permitted1use;permitted use;

HB0184S01HB0184 compared with HB0184S03 ▸ {provides that a municipality's or county's determination that a request does not meet statutory requirements for a preferred land use regulation is an administrative act;} ▸ {provides that a planning commission's decision to deny a request that conforms with a preferred land use regulation is an administrative act;} ▸ provides that a {legislative body's decision to deny } person has two years from the day on which a request {that conforms with } becomes permitted to submit a {preferred land use regulation is a legislative act} complete application;

- 2 - HB0184S01HB0184 compared with HB0184S03 (c) "Preferred land use regulation" means a regulation described in Subsection (2):

(i) is sold to an initial owner-occupier for an amount equal to or less than the area mean purchase price of a {single family } single-family residential unit;

- 3 - HB0184S01HB0184 compared with HB0184S03 (a) regulations that permit a person to build a starter home;home;or (b) for lot size requirements, a minimum of 5,400 square feet{;

oror} (b). for lot size requirements, a minimum of 5,400 square feet.

(3){(c) (a){for {Aan }accessory Subjectdwelling tounit, Subsection (10), a personsingle mayaccessory submitdwelling aunit requestper thatlot athat:} municipality} accept{(i) a{may preferredbe landinternal useor regulation,external notwithstandingto athe conflictingprimary municipaldwelling regulation,on asthe partlot;} of} an{(ii) application{conforms or an upcoming application to developall arelevant specificbuilding residentialcodes; property as described in this Subsection (3).

and} } {(iii) {for an external accessory dwelling unit:} } {(A) {has side and rear setbacks of no more than three feet;

and} } {(B) {is a maximum of two stories above ground.} } (3) (a) {A } Subject to Subsection (10), a person may submit a request that a municipality accept a preferred land use regulation, notwithstanding a conflicting municipal regulation, as part of an application or an upcoming application to develop a specific residential property as described in this Subsection (3).

- 4 - HB0184 compared with HB0184S03 (b) If a request conforms with Subsection (3), the municipality shall, within one business dayof making the determination, provide notice of the determination to the applicant.

- 4 - HB0184S01 compared with HB0184S03 (i) notice of the determination and denial;

{(7) } {(a) {A denial under Subsection (6) does not affect any other rights of the applicant under this chapter.} } {(b) {If a planning commission denies an application under Subsection (6), the denial is an administrative act.} } - 5 - HB0184 compared with HB0184S03 {(c) {If a municipal legislative body denies an application under Subsection (6), the denial is a legislative act.}act. } (8){(7)} If a planning commission or municipal legislative body expressly approves or does not deny a request as described in Subsection (6){, regardless of whether the municipality fails to make a timely determination under Subsection (4) or a timely denial under Subsection (5)(a)} :

(a)} the} preferred(8){(7)} landIf usea describedplanning incommission theor requestmunicipal becomeslegislative abody {vestedexpressly }approves permittedor usedoes asnot todeny thea propertyrequest and as to the use described in theSubsection request(6){, {31regardless }of 46whether days after the daymunicipality onfails whichto themake {persona -timely 5determination -under HB0184S01Subsection compared(4) withor HB0184S03a submittedtimely thedenial request to the municipality} municipality notifies the applicant under Subsection (4)(5)(a)} (b);:

(a) the preferred land use described in the request becomes a {vested } permitted use as to the property and as to the use described in the request {31 } 46 days after the day on which the {person submitted the request to the municipality} municipality notifies the applicant under Subsection (4) (b);

and - 6 - HB0184 compared with HB0184S03 (ii) notwithstanding Subsection (7), requires express approval from the planning commission or legislative body within 45 days of the day on which the person makes the subsequent request in order to become a permitted use.

- 6 - HB0184S01 compared with HB0184S03 (a) "Application" means a land use application.

(b) "Area mean purchase price" means the mean purchase price of a single-family residential unit sold in a county, as determined by the county {or a municipality in the county } based on publicly available data, during:

(d) "Request" means a written submission from a property owner, or a person acting on a property owner's behalf, seeking that a {municipality } county of the first, second, or third class, as classified under Section 17-60-104, accept a preferred land use regulation on a specific parcel as part of a simultaneous or upcoming application.

- 7 - HB0184 compared with HB0184S03 (i) is sold to an initial owner-occupier for an amount equal to or less than the area mean purchase price of a {single family } single-family residential unit;

- 7 - HB0184S01 compared with HB0184S03 (D) with any setbacks, if the setbacks meet minimum safety codes;

(a) regulations that permit a person to build a starter home;home;or (b) for lot size requirements, a minimum of 5,400 square feet{;

oror} (b). for lot size requirements, a minimum of 5,400 square feet.

(3){(c) (a){for {Aan }accessory Subjectdwelling tounit, Subsection (10), a personsingle mayaccessory submitdwelling aunit requestper thatlot athat:} county} accept{(i) a{may preferredbe landinternal useor regulation,external notwithstandingto athe conflictingprimary countydwelling regulation,on asthe partlot;} of} an{(ii) application{conforms or an upcoming application to developall arelevant specificbuilding residentialcodes; property as described in this Subsection (3).

and} } {(iii) {for an external accessory dwelling unit:} } {(A) {has side and rear setbacks of no more than three feet;

and} } {(B) {is a maximum of two stories above ground.} } (3) (a) {A } Subject to Subsection (10), a person may submit a request that a county accept a preferred land use regulation, notwithstanding a conflicting county regulation, as part of an application or an upcoming application to develop a specific residential property as described in this Subsection (3).

- 8 - HB0184 compared with HB0184S03 (c) A county may require supporting information from a person making a request only as strictly necessary to determine whether the request meets the requirements of this section.

(5) (a) If a county determines that a request does not conform with Subsection (3), or if the request lacks information the county requires under Subsection (3)(c), the county shall no later than {five } 10 - 8 - HB0184S01 compared with HB0184S03 business days after the day on which the county receives the request, deny the request and provide to the applicant:

- 9 - HB0184 compared with HB0184S03 (b) if the planning commission or legislative body makes a finding on the record regarding the determination described in Subsection (6)(a);

- 9 - HB0184S01 compared with HB0184S03 (a) the preferred land use described in the request becomes a {vested } permitted use as to the property and as to the use described in the request {31 } 46 days after the day on which the {person submitted the request to the county} county notifies the applicant under Subsection (4)(b);

- 10 - HB0184 compared with HB0184S03 (a) amend county zoning regulations, land use ordinances, or building standards;

2-12-26 9:04 AM - 1011 -