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H.B. 184

Failed

Small Lots and Starter Homes Amendments

HB0184S03 (Substitute)

View on le.utah.gov
H.B. 184Failed

Small Lots and Starter Homes Amendments

House
Senate
Governor

What This Bill Does

This bill deals with regulation of certain land uses in residential zones located in counties of the first, second, and third class.

Key Provisions

This bill:

  • defines terms;
  • provides that a person may make a request to a county of the first, second, or third class, or a municipality located in a county of the first, second, or third class, in regard to a proposed land use that conforms with a preferred land use regulation;
  • requires the municipality or county to determine if a request conforms with a preferred land use regulation and provide notice of the determination to the applicant;
  • authorizes a planning commission or legislative body to deny a request, under certain conditions, that conforms with a preferred land use regulation;
  • provides that if a planning commission or legislative body does not deny a request that conforms with a preferred land use regulation within 45 days, the request becomes a permitted use;
  • provides that a person has two years from the day on which a request becomes permitted to submit a complete application; and
  • provides that, after a request is denied, a person may make a subsequent request made within four years of the denial but the subsequent request requires the legislative body to expressly approve the request for the request to become a permitted use.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Property owners in Utah's larger counties and their municipalities gain a new pathway under this bill to build "starter homes" — modestly priced, owner-occupied single-family homes — or to subdivide lots as small as 5,400 square feet, even when local zoning rules would otherwise prohibit it. A property owner submits a simple written request to their city or county asking it to accept one of these "preferred land use regulations" for their specific parcel; staff must respond within 10 business days, and if the planning commission or governing body doesn't hold a public vote to deny the request within 45 days, the use is automatically permitted for that property — without requiring the local government to change its zoning rules more broadly. Local bodies can still deny a request, but only by majority vote at a public meeting with a written finding that community harm outweighs the benefit; if denied, a property owner can try again within five years, though that second attempt requires affirmative approval rather than just the absence of a denial.