(1) As used in this section:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 10-9a-540

  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Recess: A temporary interruption of the legislative business.
     (1)(a) “Allowable feature” means:

          (1)(a)(i) a landing or walkout porch that:

               (1)(a)(i)(A) is no more than 32 square feet in size; and
               (1)(a)(i)(B) is used for ingress to and egress from the rear of the residential dwelling; or
          (1)(a)(ii) a window well.
     (1)(b) “Landing” means an uncovered, above-ground platform, with or without stairs, connected to the rear of a residential dwelling.
     (1)(c) “Setback” means the required distance between the property line of a lot or parcel and the location where a structure is allowed to be placed under an adopted land use regulation.
     (1)(d) “Walkout porch” means an uncovered platform that is on the ground and connected to the rear of a residential dwelling.
     (1)(e) “Window well” means a recess in the ground around a residential dwelling to allow for ingress and egress through a window installed in a basement that is fully or partially below ground.
(2) A municipality may not enact or enforce an ordinance, resolution, or policy that prohibits or has the effect of prohibiting an allowable feature within the rear setback of a residential building lot or parcel.
(3) Subsection (2) does not apply to a historic district within the municipality.