Section 10-9a-534 - Regulation of building design elements prohibited - Exceptions(1) As used in this section, "building design element" means: (b) type or style of exterior cladding material;(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;(d) exterior nonstructural architectural ornamentation;(e) location, design, placement, or architectural styling of a window or door;(f) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door;(g) number or type of rooms;(h) interior layout of a room;(i) minimum square footage over 1,000 square feet, not including a garage;(j) rear yard landscaping requirements;(k) minimum building dimensions; or(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: (a) a dwelling located within an area designated as a historic district in: (i) the National Register of Historic Places;(ii) the state register as defined in Section 9-8a-402; or(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);(b) an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency;(c) an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103;(d) building design elements agreed to under a development agreement;(e) a dwelling located within an area that: (i) is zoned primarily for residential use; and(ii) was substantially developed before calendar year 1950;(f) an ordinance enacted to implement water efficient landscaping in a rear yard;(g) an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of:(i) defects in the material of existing cladding; or(ii) consistent defects in the installation of existing cladding; or(h) a land use regulation, including a planned unit development or overlay zone, that a property owner requests: (i) the municipality to apply to the owner's property; and(ii) in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district.Amended by Chapter 160, 2023 General Session ,§ 59, eff. 7/1/2023.Amended by Chapter 478, 2023 General Session ,§ 13, eff. 5/3/2023.Added by Chapter 3, 2021SP1 General Session ,§ 7, eff. 5/28/2021.