HB 184

02-12 09:04  3rd Sub. (Cherry) H.B. 184
  Raymond P. Ward proposes the following substitute bill:
1Small Lots and Starter Homes Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Raymond P. Ward
  Senate Sponsor: Lincoln Fillmore
2
3   LONG TITLE
4   General Description:
5This bill deals with regulation of certain land uses in residential zones located in counties of
6   the first, second, and third class.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ provides that a person may make a request to a county of the first, second, or third class,
11   or a municipality located in a county of the first, second, or third class, in regard to a
12   proposed land use that conforms with a preferred land use regulation;
13▸ requires the municipality or county to determine if a request conforms with a preferred
14   land use regulation and provide notice of the determination to the applicant;
15▸ authorizes a planning commission or legislative body to deny a request, under certain
16   conditions, that conforms with a preferred land use regulation;
17▸ provides that if a planning commission or legislative body does not deny a request that
  3rd Sub. H.B. 184
18   conforms with a preferred land use regulation within 45 days, the request becomes a
19   permitted use;
20▸ provides that a person has two years from the day on which a request becomes permitted
21   to submit a complete application; and
22▸ provides that, after a request is denied, a person may make a subsequent request made
23   within four years of the denial but the subsequent request requires the legislative body to
24   expressly approve the request for the request to become a permitted use.
25   Money Appropriated in this Bill:
26None
27   Other Special Clauses:
28None
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29   Utah Code Sections Affected:
30   ENACTS:
3110-21-304, Utah Code Annotated 1953
3217-80-304, Utah Code Annotated 1953
33
34   Be it enacted by the Legislature of the state of Utah:
35Section 1. Section 10-21-304 is enacted to read:
3610-21-304 . Definitions -- Conformity with a preferred land use regulation a
37   permitted use under certain circumstances.
38   (1) As used in this section:
39(a) "Application" means a land use application.
40(b) "Area mean purchase price" means the mean purchase price of a single-family
41residential unit sold in a county, as determined by the county or a municipality in the
42county based on publicly available data, during:
43(i) the immediately preceding calendar year; or
44(ii) the calendar year immediately before the calendar year described in Subsection
45(1)(b)(i).
46(c) "Preferred land use regulation" means a regulation described in Subsection (2):
47(i) that the Legislature finds:
48(A) would advance the state's objective of lowering the average cost of housing by
49enabling the construction of homes that are smaller and less expensive;
50(B) allows for some permitting of individual projects that are unlikely to adversely
51affect nearby property owners, the public, or the communities in which the
52projects are built; and
53(C) maintains the local land use authority's jurisdiction over which projects are
54permitted to be built within the local land use authority's boundaries; and
55(ii) that, as applied to a property owner in a municipality, is not a permitted use under
56the municipality's zoning regulations, land use ordinances, or building standards.
57(d) "Request" means a written submission from a property owner, or a person acting on
58a property owner's behalf, seeking that a municipality located in a county of the first,
59second, or third class, as classified under Section 17-60-104, accept a preferred land
60use regulation on a specific parcel as part of a simultaneous or upcoming application.
61(e) "Setback" means the required distance between the property line of a lot or parcel
62and the location where a structure is allowed to be placed under an adopted land use
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63regulation.
64(f) "Starter home" means a single-family residential unit that:
65(i) is sold to an initial owner-occupier for an amount equal to or less than the area
66mean purchase price of a single-family residential unit;
67(ii) is deed restricted to be owner-occupied for two years following the day on which
68the unit is first sold;
69(iii) has a minimum of two parking spots, covered or uncovered; and
70(iv) is built:
71(A) on a lot of any size;
72(B) without meeting a minimum number of livable square feet;
73(C) with any floor area ratio;
74(D) with any setbacks, if the setbacks meet minimum safety codes; and
75(E) on a lot with at least 35 feet of street frontage.
76   (2) The following are preferred land use regulations in an area zoned for residential use:
77(a) regulations that permit a person to build a starter home; or
78(b) for lot size requirements, a minimum of 5,400 square feet.
79   (3)(a) Subject to Subsection (10), a person may submit a request that a municipality
80accept a preferred land use regulation, notwithstanding a conflicting municipal
81regulation, as part of an application or an upcoming application to develop a specific
82residential property as described in this Subsection (3).
83(b) A request shall include:
84(i) a brief, written description of the anticipated single-family residential unit;
85(ii) a drawing of the anticipated development, accurately depicting:
86(A) the dimensions of the property; and
87(B) the proposed dimensions, location, and outline of the anticipated single-family
88residential unit; and
89(iii) a specific reference to the preferred land use regulation the person is seeking.
90(c) A municipality may require supporting information from a person making a request
91only as strictly necessary to determine whether the request meets the requirements of
92this section.
93(d) A municipality may not require a person making a request to:
94(i) submit engineering plans, architectural drawings, plats, or will-serve letters; or
95(ii) conform with all other municipal regulations or standards that the municipality
96normally requires to accept or process a complete land use application.
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97   (4)(a) No later than 10 business days after the day on which a municipality receives a
98request, municipal staff shall determine if the request conforms with Subsection (3)
99regardless of whether the request conforms with the applicable land use regulation
100otherwise governing the parcel at issue.
101(b) If a request conforms with Subsection (3), the municipality shall, within one business
102day of making the determination, provide notice of the determination to the applicant.
103   (5)(a) If a municipality determines that a request does not conform with Subsection (3),
104or if the request lacks information the municipality requires under Subsection (3)(c),
105the municipality shall no later than 10 business days after the day on which the
106municipality receives the request, deny the request and provide to the applicant:
107(i) notice of the determination and denial; and
108(ii) the reasoning for the determination.
109(b) The municipality may not use the person's failure to submit a complete land use
110application as the basis to deny a request.
111(c) A denial and determination under this Subsection (5) is an administrative act.
112(d) A person that receives a denial and determination under this Subsection (5) may
113submit a new request, which:
114(i) shall begin a new 10-day time period; and
115(ii) does not constitute a subsequent request, as described in Subsection (10).
116   (6) A planning commission or legislative body may, within 45 calendar days of the day on
117which the municipality notifies the person under Subsection (4)(b) that the request
118conforms with Subsection (3), act to deny the request:
119(a) if the planning commission or legislative body determines, for any reason, that the
120benefit to the person and community would be outweighed by the negative effect to
121others in the community;
122(b) if the planning commission or legislative body makes a finding on the record
123regarding the determination described in Subsection (6)(a);
124(c) in a public meeting of the planning commission or legislative body; and
125(d) by majority vote.
126   (7) If a planning commission or municipal legislative body expressly approves or does not
127deny a request as described in Subsection (6):
128(a) the preferred land use described in the request becomes a permitted use as to the
129property and as to the use described in the request 46 days after the day on which the
130municipality notifies the applicant under Subsection (4)(b);
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131(b) approval of the request or the failure to deny the request does not constitute approval
132of the entire land use application; and
133(c) all other land use regulations and requirements for permitting and inspections
134continue to apply.
135   (8)(a) A person who makes a request that becomes a permitted use as described in
136Subsection (7) shall, by no later than two years from the day on which the request
137becomes permitted, submit a complete application for:
138(i) a building permit, for a request that conforms with Subsection (2)(a); or
139(ii) plat approval, for a request that conforms with Subsection (2)(b).
140(b) If a person fails to timely comply with Subsection (8)(a), the use is no longer
141permitted.
142   (9) With respect to a preferred land use regulation request that becomes a permitted use as
143described in Subsection (7), the municipality is not required to:
144(a) amend municipal zoning regulations, land use ordinances, or building standards; or
145(b) apply the preferred land use regulation to other land use applications for the same
146residential zone.
147   (10)(a) A person who makes a request that is denied under Subsection (6) may make a
148subsequent request regarding the same property as described in this Subsection (10).
149(b) A subsequent request that is made within five years of the day on which the initial
150request is denied:
151(i) shall indicate that the request is a subsequent request; and
152(ii) notwithstanding Subsection (7), requires express approval from the planning
153commission or legislative body within 45 days of the day on which the person
154makes the subsequent request in order to become a permitted use.
155Section 2. Section 17-80-304 is enacted to read:
15617-80-304 . Definitions -- Conformity with a preferred land use regulation a
157   permitted use under certain circumstances.
158   (1) As used in this section:
159(a) "Application" means a land use application.
160(b) "Area mean purchase price" means the mean purchase price of a single-family
161residential unit sold in a county, as determined by the county based on publicly
162available data, during:
163(i) the immediately preceding calendar year; or
164(ii) the calendar year immediately before the calendar year described in Subsection
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165(1)(b)(i).
166(c) "Preferred land use regulation" means a regulation described in Subsection (2):
167(i) that the Legislature finds:
168(A) advances the state's objective of lowering the average cost of housing by
169enabling the construction of homes that are smaller and less expensive;
170(B) allows for some permitting of individual projects that are unlikely to adversely
171affect nearby property owners, the public, or the communities in which the
172projects are built; and
173(C) maintains the local land use authority's jurisdiction over which projects are
174permitted to be built within the local land use authority's boundaries; and
175(ii) that, as applied to a property owner in an unincorporated county, is not a
176permitted use under the county's zoning regulations, land use ordinances, or
177building standards.
178(d) "Request" means a written submission from a property owner, or a person acting on
179a property owner's behalf, seeking that a county of the first, second, or third class, as
180classified under Section 17-60-104, accept a preferred land use regulation on a
181specific parcel as part of a simultaneous or upcoming application.
182(e) "Setback" means the required distance between the property line of a lot or parcel
183and the location where a structure is allowed to be placed under an adopted land use
184regulation.
185(f) "Starter home" means a single-family residential unit that:
186(i) is sold to an initial owner-occupier for an amount equal to or less than the area
187mean purchase price of a single-family residential unit;
188(ii) is deed restricted to be owner-occupied for two years following the day on which
189the unit is first sold;
190(iii) has a minimum of two parking spots, covered or uncovered; and
191(iv) is built:
192(A) on a lot of any size;
193(B) without meeting a minimum number of livable square feet;
194(C) with any floor area ratio;
195(D) with any setbacks, if the setbacks meet minimum safety codes; and
196(E) on a lot with at least 35 feet of street frontage.
197   (2) The following are preferred land use regulations in an area zoned for residential use in a
198county of the first, second, or third class:
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199(a) regulations that permit a person to build a starter home; or
200(b) for lot size requirements, a minimum of 5,400 square feet.
201   (3)(a) Subject to Subsection (10), a person may submit a request that a county accept a
202preferred land use regulation, notwithstanding a conflicting county regulation, as part
203of an application or an upcoming application to develop a specific residential
204property as described in this Subsection (3).
205(b) A request shall include:
206(i) a written description or drawn sketch describing the anticipated development plan;
207and
208(ii) a specific reference to the preferred land use regulation the person is seeking.
209(c) A county may require supporting information from a person making a request only as
210strictly necessary to determine whether the request meets the requirements of this
211section.
212(d) A county may not require a person making a request to:
213(i) submit engineering plans, architectural drawings, plats, or will-serve letters; or
214(ii) conform with all other county regulations or standards that the county normally
215requires to accept or process a complete land use application.
216   (4)(a) No later than 10 business days after the day on which a county receives a request,
217county staff shall determine if the request conforms with Subsection (3) regardless of
218whether the request conforms with the applicable land use regulation otherwise
219governing the parcel at issue.
220(b) If a request conforms with Subsection (3), the county shall, within one business day
221of making the determination, provide notice of the determination to the applicant.
222   (5)(a) If a county determines that a request does not conform with Subsection (3), or if
223the request lacks information the county requires under Subsection (3)(c), the county
224shall no later than 10 business days after the day on which the county receives the
225request, deny the request and provide to the applicant:
226(i) notice of the determination and denial; and
227(ii) the reasoning for the determination.
228(b) The county may not use the person's failure to submit a complete land use
229application as the basis to deny a request.
230(c) A denial and determination under this Subsection (5) is an administrative act.
231(d) A person that receives a denial and determination under this Subsection (5) may
232submit a new request that addresses the reasoning for the denial, which:
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233(i) shall begin a new 10-day time period; and
234(ii) does not constitute a subsequent request, as described in Subsection (10).
235   (6) A planning commission or legislative body may, within 45 calendar days of the day on
236which the county notifies the person under Subsection (4)(b) that the request conforms
237with Subsection (3), act to deny the request:
238(a) if the planning commission or legislative body determines, for any reason, that the
239benefit to the person and community would be outweighed by the negative effect to
240others in the community;
241(b) if the planning commission or legislative body makes a finding on the record
242regarding the determination described in Subsection (6)(a);
243(c) in a public meeting of the planning commission or legislative body; and
244(d) by majority vote.
245   (7) If a planning commission or municipal legislative body expressly approves or does not
246deny a request as described in Subsection (6):
247(a) the preferred land use described in the request becomes a permitted use as to the
248property and as to the use described in the request 46 days after the day on which the
249county notifies the applicant under Subsection (4)(b);
250(b) approval of the request or the failure to deny the request does not constitute approval
251of the entire land use application; and
252(c) all other land use regulations and requirements for permitting and inspections
253continue to apply.
254   (8)(a) A person who makes a request that becomes a permitted use as described in
255Subsection (7) shall, by no later than two years from the day on which the request
256becomes permitted, submit a complete application for a building permit, for a request
257that conforms with Subsection (2)(a), or plat approval, for a request that conforms
258with Subsection (2)(b).
259(b) If a person fails to comply with Subsection (8)(a), the use is no longer permitted.
260   (9) With respect to a preferred land use regulation request that becomes a permitted use as
261described in Subsection (7), the county is not required to:
262(a) amend county zoning regulations, land use ordinances, or building standards; or
263(b) apply the preferred land use regulation to other land use applications for the same
264residential zone.
265   (10)(a) A person who makes a request that is denied under Subsection (6) may make a
266subsequent request regarding the same property as described in this Subsection (10).
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267(b) A subsequent request that is made within five years of the day on which the initial
268request is denied:
269(i) shall indicate that the request is a subsequent request; and
270(ii) notwithstanding Subsection (7), requires express approval from the planning
271commission or legislative body within 45 days of the day on which the person
272makes the subsequent request in order to become a permitted use.
273Section 3. Effective Date.
274   This bill takes effect on May 6, 2026.
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