Utah Code 10-8-85.10. Ordinances regarding co-ownership — Prohibition on municipal ordinances restricting co-ownership models
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 10-8-85.10
- 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
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- 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 Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1)(a) “Co-owned home” means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities.(1)(b) “Residential unit” means the same as that term is defined in Section 10-8-85.4.(2) Notwithstanding Section 10-9a-501 and Subsection 10-9a-503(1), a municipal legislative body may not:(2)(a) adopt or enforce a land use regulation that regulates co-owned homes differently than other residential units; or(2)(b) use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes.(4) This section does not limit private individuals or associations from adopting rules or regulations governing co-owned homes.(5) Nothing in this section limits a municipality‘s authority to adopt or enforce regulations regarding:(5)(a) accessory dwelling units, as defined in Section 10-9a-103;(5)(b) internal accessory dwelling units, as defined in Section 10-9a-511.5; or(5)(c) the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4.