Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 181 (2025GS)

Sponsor

Sen. Fillmore, Lincoln

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines and amends terms;
• enacts provisions of certain land use regulations with regard to certain types of parking spaces;
• provides certain exceptions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

230
10-9a-534
17-27a-530
59-2-1101
0
Housing Affordability Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Stephen L. Whyte
LONG TITLE
General Description:
This bill enacts and amends provisions related to housing affordability.
Highlighted Provisions:
This bill:
defines and amends terms;
enacts provisions of certain land use regulations with regard to certain types of parking 
spaces;
provides certain exceptions; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-534
, as last amended by Laws of Utah 2024, Chapter 415
17-27a-530
, as last amended by Laws of Utah 2024, Chapter 415
59-2-1101
, as last amended by Laws of Utah 2024, Chapter 254
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-9a-534
 is amended to read:
10-9a-534
. Regulation of building design elements prohibited -- Regulation of 
parking spaces prohibited -- Exceptions.
(1)
As used in this section
,
:
(a)
"Affordable housing" means housing occupied or reserved for occupancy that is 
priced at 80% of the county median home price.
(b)
"building
"Building
 design element" means:
(a)
(i)
exterior color;
(b)
(ii)
type or style of exterior cladding material;
(c)
(iii)
style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d)
(iv)
exterior nonstructural architectural ornamentation;
(e)
(v)
location, design, placement, or architectural styling of a window or door;
(f)
(vi)
location, design, placement, or architectural styling of a garage door, not 
including a rear-loading garage door;
(g)
(vii)
number or type of rooms;
(h)
(viii)
interior layout of a room;
(i)
(ix)
minimum square footage over 1,000 square feet, not including a garage;
(j)
(x)
rear yard landscaping requirements;
(k)
(xi)
minimum building dimensions; or
(l)
(xii)
a requirement to install front yard fencing.
(c)
"Owner-occupied" means a housing unit in which the individual who owns the 
housing unit, solely or jointly, lives as the individual's primary residence for no less 
than five years.
(d)
"Specified municipality" means the same as that term is defined in Section 
10-9a-408
.
(e)
"Unobstructed" means a parking space that has no permanent barriers that would 
unreasonably reduce the size of an available parking space described in Subsection 
(4)
.
(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; 
(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; or
(i)
an ordinance enacted to mitigate the impacts of an accidental explosion:
(i)
in excess of 20,000 pounds of trinitrotoluene equivalent;
(ii)
that would create overpressure waves greater than .2 pounds per square inch; and
(iii)
that would pose a risk of damage to a window, garage door, or carport of a 
facility located within the vicinity of the regulated area.
(4)
A municipality that is a specified municipality may not:
(a)
require that the dimensions of a single parking space for a one- or two-family 
dwelling or town home be:
(i)
for unobstructed, enclosed, or covered parking:
(A)
more than 10 feet wide; or
(B)
more than 20 feet long; or
(ii)
for uncovered parking:
(A)
more than nine feet wide; or
(B)
more than 20 feet long;
(b)
restrict an unobstructed tandem parking space from satisfying two parking spaces as 
part of a minimum parking space requirement; and
(c)
restrict a two-car garage from satisfying two parking spaces as part of a minimum 
parking space requirement.
(5)
A municipality may not require a garage for a single-family attached or detached 
dwelling that is owner-occupied affordable housing.
(6)
If a municipality requires a garage, the municipality shall count each parking space 
within the garage as part of the municipality's minimum parking space requirement as 
described in Section 
10-9a-530
.
(7)
Nothing in this section prohibits a municipality from requiring on-site parking for 
owner-occupied affordable housing.
Section 2, Section 
17-27a-530
 is amended to read:
17-27a-530
. Regulation of building design elements prohibited -- Regulation of 
parking spaces prohibited -- Exceptions.
(1)
As used in this section
,
:
(a)
"Affordable housing" means housing occupied or reserved for occupancy that is 
priced at 80% of the county median home price.
(b)
"building
"Building 
design element" means:
(a)
(i)
exterior color;
(b)
(ii)
type or style of exterior cladding material;
(c)
(iii)
style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d)
(iv)
exterior nonstructural architectural ornamentation;
(e)
(v)
location, design, placement, or architectural styling of a window or door;
(f)
(vi)
location, design, placement, or architectural styling of a garage door, not 
including a rear-loading garage door;
(g)
(vii)
number or type of rooms;
(h)
(viii)
interior layout of a room;
(i)
(ix)
minimum square footage over 1,000 square feet, not including a garage;
(j)
(x)
rear yard landscaping requirements;
(k)
(xi)
minimum building dimensions; or
(l)
(xii)
a requirement to install front yard fencing.
(c)
"Owner-occupied" means a housing unit in which the individual who owns the 
housing unit, solely or jointly, lives as the individual's primary residence for no less 
than five years.
(d)
"Specified county" means the same as that term is defined in Section 
17-27a-408
.
(e)
"Unobstructed" means a parking space that has no permanent barriers that would 
unreasonably reduce the size of an available parking space described in Subsection (4).
(2)
Except as provided in Subsection (3), a county 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;
(h)
a land use regulation, including a planned unit development or overlay zone, that a 
property owner requests:
(i)
the county 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; or
(i)
an ordinance enacted to mitigate the impacts of an accidental explosion:
(i)
in excess of 20,000 pounds of trinitrotoluene equivalent;
(ii)
that would create overpressure waves greater than .2 pounds per square inch; and
(iii)
that would pose a risk of damage to a window, garage door, or carport of a 
facility located within the vicinity of the regulated area.
(4)
A county that is a specified county may not:
(a)
require that the dimensions of a single parking space for a one- or two-family 
dwelling or town home be:
(i)
for unobstructed, enclosed, or covered parking:
(A)
more than 10 feet wide; or
(B)
more than 20 feet long; or
(ii)
for uncovered parking:
(A)
more than nine feet wide; or
(B)
more than 20 feet long;
(b)
restrict an unobstructed tandem parking space from satisfying two parking spaces as 
part of a minimum parking space requirement; and
(c)
restrict a two-car garage from satisfying two parking spaces as part of a minimum 
parking space requirement.
(5)
A county may not require a garage for a single-family attached or detached dwelling 
that is owner-occupied affordable housing.
(6)
If a county requires a garage, the county shall count each parking space within the 
garage as part of the county's minimum parking space requirement as described in 
Section 
17-27a-526
.
(7)
Nothing in this section prohibits a county from requiring on-site parking for 
owner-occupied affordable housing.
Section 3, Section 
59-2-1101
 is amended to read:
59-2-1101
. Definitions -- Exemption of certain property -- Proportional 
payments for certain property -- Exception -- County legislative body authority to adopt 
rules or ordinances.
(1)
As used in this section:
(a)
"Charitable purposes" means:
(i)
for property used as a nonprofit hospital or a nursing home, the standards outlined 
in Howell v. County Board of Cache County ex rel. IHC Hospitals, Inc., 881 P.2d 
880 (Utah 1994); and
(ii)
for property other than property described in Subsection (1)(a)(i), providing a gift 
to the community.
(b)
"Compliance period" means a period equal to 15 taxable years beginning with the 
first taxable year for which the taxpayer claims a tax credit under Section 42, Internal 
Revenue Code, or Section 
59-7-607
 or 
59-10-1010
.
(c)
(i)
"Educational purposes" means purposes carried on by an educational 
organization that normally:
(A)
maintains a regular faculty and curriculum; and
(B)
has a regularly enrolled body of pupils and students.
(ii)
"Educational purposes" includes:
(A)
the physical or mental teaching, training, or conditioning of competitive 
athletes by a national governing body of sport recognized by the United States 
Olympic Committee that qualifies as being tax exempt under Section 
501(c)(3), Internal Revenue Code; and
(B)
an activity in support of or incidental to the teaching, training, or conditioning 
described in this Subsection (1)(c)(ii).
(d)
"Exclusive use exemption" means a property tax exemption under Subsection 
(3)(a)(iv), for property owned by a nonprofit entity used exclusively for one or more 
of the following purposes:
(i)
religious purposes;
(ii)
charitable purposes; or
(iii)
educational purposes.
(e)
(i)
"Farm machinery and equipment" means tractors, milking equipment and 
storage and cooling facilities, feed handling equipment, irrigation equipment, 
harvesters, choppers, grain drills and planters, tillage tools, scales, combines, 
spreaders, sprayers, haying equipment, including balers and cubers, and any other 
machinery or equipment used primarily for agricultural purposes.
(ii)
"Farm machinery and equipment" does not include vehicles required to be 
registered with the Motor Vehicle Division or vehicles or other equipment used 
for business purposes other than farming.
(f)
"Gift to the community" means:
(i)
the lessening of a government burden; or
(ii)
(A)
the provision of a significant service to others without immediate 
expectation of material reward;
(B)
the use of the property is supported to a material degree by donations and gifts 
including volunteer service;
(C)
the recipients of the charitable activities provided on the property are not 
required to pay for the assistance received, in whole or in part, except that if in 
part, to a material degree;
(D)
the beneficiaries of the charitable activities provided on the property are 
unrestricted or, if restricted, the restriction bears a reasonable relationship to 
the charitable objectives of the nonprofit entity that owns the property; and
(E)
any commercial activities provided on the property are subordinate or 
incidental to charitable activities provided on the property.
(g)
"Government exemption" means a property tax exemption provided under 
Subsection (3)(a)(i), (ii), or (iii).
(h)
(i)
"Nonprofit entity" means an entity:
(A)
that is organized on a nonprofit basis, that dedicates the entity's property to the 
entity's nonprofit purpose, and that makes no dividend or other form of 
financial benefit available to a private interest;
(B)
for which, upon dissolution, the entity's assets are distributable only for 
exempt purposes under state law or to the government for a public purpose; and
(C)
for which none of the net earnings or donations made to the entity inure to the 
benefit of private shareholders or other individuals, as the private inurement 
standard has been interpreted under Section 501(c)(3), Internal Revenue Code.
(ii)
"Nonprofit entity" includes an entity:
(A)
if the entity is treated as a disregarded entity for federal income tax purposes 
and wholly owned by, and controlled under the direction of, a nonprofit entity; 
and
(B)
for which none of the net earnings and profits of the entity inure to the benefit 
of any person other than a nonprofit entity.
(iii)
"Nonprofit entity" includes an entity that is not an entity described in Subsection 
(1)(h)(i) if the entity jointly owns a property that:
(A)
is used for the purpose of providing permanent supportive housing;
(B)
has an owner that is an entity described in Subsection (1)(h)(i) or that is a 
housing authority that operates the permanent supportive housing;
(C)
has an owner that receives public funding from a federal, state, or local 
government entity to provide support services and rental subsidies to the 
permanent supportive housing;
(D)
is intended to be transferred at or before the end of the compliance period to 
an entity described in Subsection (1)(h)(i) or a housing authority that will 
continue to operate the property as permanent supportive housing; and
(E)
has been certified by the Utah Housing Corporation as meeting the 
requirements described in Subsections (1)(h)(iii)(A) through (D).
(iv)
"Nonprofit entity" includes an entity that is not an entity described in Subsection 
(1)(h)(i) if:
(A)
the entity is a housing organization as defined in Subsection 
35A-8-2401(1)(a)
; 
and
(B)
the entity is owned by an entity described in Subsection (1)(h)(i) or a housing 
authority.
(i)
"Permanent supportive housing" means a housing facility that:
(i)
provides supportive services;
(ii)
makes a 15-year commitment to provide rent subsidies to tenants of the housing 
facility when the housing facility is placed in service;
(iii)
receives an allocation of federal low-income housing tax credits in accordance 
with 26 U.S.C. Sec. 42; and
(iv)
leases each unit to a tenant:
(A)
who, immediately before leasing the housing, was homeless as defined in 24 
C.F.R. 583.5; and
(B)
whose rent is capped at no more than 30% of the tenant's household income.
(j)
(i)
"Property of" means property that an entity listed in Subsection (3)(a)(ii) or (iii) 
has a legal right to possess.
(ii)
"Property of" includes a lease of real property if:
(A)
the property is wholly leased to a state or political subdivision entity listed in 
Subsection (3)(a)(ii) or (iii) under a triple net lease; and
(B)
the lease is in effect for the entire calendar year.
(k)
"Supportive service" means a service that is an eligible cost under 24 C.F.R. 578.53.
(l)
"Triple net lease" means a lease agreement under which the lessee is responsible for 
the real estate taxes, building insurance, and maintenance of the property separate 
from and in addition to the rental price.
(2)
(a)
Except as provided in Subsection (2)(b), an exemption under this part may be 
allowed only if the claimant is the owner of the property as of January 1 of the year 
the exemption is claimed.
(b)
A claimant shall collect and pay a proportional tax based upon the length of time that 
the property was not owned by the claimant if:
(i)
the claimant is a federal, state, or political subdivision entity described in 
Subsection (3)(a)(i), (ii), or (iii); or
(ii)
pursuant to Subsection (3)(a)(iv):
(A)
the claimant is a nonprofit entity; and
(B)
the property is used exclusively for religious, charitable, or educational 
purposes.
(3)
(a)
The following property is exempt from taxation:
(i)
property exempt under the laws of the United States;
(ii)
property of:
(A)
the state;
(B)
school districts; and
(C)
public libraries;
(iii)
except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property 
of:
(A)
counties;
(B)
cities;
(C)
towns;
(D)
special districts;
(E)
special service districts; and
(F)
all other political subdivisions of the state;
(iv)
except as provided in Subsection (6) or (7), property owned by a nonprofit entity 
used exclusively for one or more of the following purposes:
(A)
religious purposes;
(B)
charitable purposes; or
(C)
educational purposes;
(v)
places of burial not held or used for private or corporate benefit;
(vi)
farm machinery and equipment;
(vii)
a high tunnel, as defined in Section 
10-9a-525
;
(viii)
intangible property; and
(ix)
the ownership interest of an out-of-state public agency, as defined in Section 
11-13-103
:
(A)
if that ownership interest is in property providing additional project capacity, 
as defined in Section 
11-13-103
; and
(B)
on which a fee in lieu of ad valorem property tax is payable under Section 
11-13-302
.
(b)
For purposes of a property tax exemption for property of school districts under 
Subsection (3)(a)(ii)(B), a charter school under Title 53G, Chapter 5, Charter Schools, 
is considered to be a school district.
(4)
Subject to Subsection (5), if property that is allowed an exclusive use exemption or a 
government exemption ceases to qualify for the exemption because of a change in the 
ownership of the property:
(a)
the new owner of the property shall pay a proportional tax based upon the period of 
time:
(i)
beginning on the day that the new owner acquired the property; and
(ii)
ending on the last day of the calendar year during which the new owner acquired 
the property; and
(b)
the new owner of the property and the person from whom the new owner acquires 
the property shall notify the county assessor, in writing, of the change in ownership 
of the property within 30 days from the day that the new owner acquires the property.
(5)
Notwithstanding Subsection (4)(a), the proportional tax described in Subsection (4)(a):
(a)
is subject to any exclusive use exemption or government exemption that the property 
is entitled to under the new ownership of the property; and
(b)
applies only to property that is acquired after December 31, 2005.
(6)
(a)
A property may not receive an exemption under Subsection (3)(a)(iv) if:
(i)
the nonprofit entity that owns the property participates in or intervenes in any 
political campaign on behalf of or in opposition to any candidate for public office, 
including the publishing or distribution of statements; or
(ii)
a substantial part of the activities of the nonprofit entity that owns the property 
consists of carrying on propaganda or otherwise attempting to influence 
legislation, except as provided under Subsection 501(h), Internal Revenue Code.
(b)
Whether a nonprofit entity is engaged in an activity described in Subsection (6)(a) 
shall be determined using the standards described in Section 501, Internal Revenue 
Code.
(7)
A property may not receive an exemption under Subsection (3)(a)(iv) if:
(a)
the property is used for a purpose that is not religious, charitable, or educational; and
(b)
the use for a purpose that is not religious, charitable, or educational is more than de 
minimis.
(8)
A county legislative body may adopt rules or ordinances to:
(a)
effectuate an exemption under this part; and
(b)
designate one or more persons to perform the functions given to the county under 
this part.
(9)
If a person is dissatisfied with an exemption decision made under designated 
decision-making authority as described in Subsection (8)(b), that person may appeal the 
decision to the commission under Section 
59-2-1006
.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 1:40 PM