(1) As used in this section, “building design element” means:

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Terms Used In Utah Code 10-9a-534

  • Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Local historic district or area: means a geographically definable area that:
         (36)(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
         (36)(b) is subject to land use regulations to preserve the historic significance of the local historic district or area. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
     (1)(a) exterior color;
     (1)(b) type or style of exterior cladding material;
     (1)(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
     (1)(d) exterior nonstructural architectural ornamentation;
     (1)(e) location, design, placement, or architectural styling of a window or door;
     (1)(f) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door;
     (1)(g) number or type of rooms;
     (1)(h) interior layout of a room;
     (1)(i) minimum square footage over 1,000 square feet, not including a garage;
     (1)(j) rear yard landscaping requirements;
     (1)(k) minimum building dimensions; or
     (1)(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- or two-family dwelling.
(3) Subsection (2) does not apply to:

     (3)(a) a dwelling located within an area designated as a historic district in:

          (3)(a)(i) the National Register of Historic Places;
          (3)(a)(ii) the state register as defined in Section 9-8a-402; or
          (3)(a)(iii) a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, except as provided under Subsection (3)(b);
     (3)(b) an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency;
     (3)(c) an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103;
     (3)(d) building design elements agreed to under a development agreement;
     (3)(e) a dwelling located within an area that:

          (3)(e)(i) is zoned primarily for residential use; and
          (3)(e)(ii) was substantially developed before calendar year 1950;
     (3)(f) an ordinance enacted to implement water efficient landscaping in a rear yard;
     (3)(g) an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of:

          (3)(g)(i) defects in the material of existing cladding; or
          (3)(g)(ii) consistent defects in the installation of existing cladding; or
     (3)(h) a land use regulation, including a planned unit development or overlay zone, that a property owner requests:

          (3)(h)(i) the municipality to apply to the owner’s property; and
          (3)(h)(ii) in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district.
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