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Council adopts package of planning definitions and opts to reference state law for 'family'
Summary
The council approved a broad package of land‑use definition updates (ordinance 2026‑11) after adopting the attorney’s recommendation to remove a standalone local 'family' definition and instead reference the Utah code to avoid potential Fair Housing Act conflicts.
The council considered a large set of proposed changes to municipal code definitions crafted by the planning‑definitions committee and the planning commission. The most contested item was the proposed local definition of "family," which staff said was intended to clarify how the term applies in single‑family zoning and unrelated‑occupant limits.
City Attorney Brad Kristofferson advised caution: adopting a more restrictive local definition than state or federal law (including the Fair Housing Act) can expose the city to discrimination claims. "If we have in definition... more restrictive than what the federal government says we might be a target for discrimination," he cautioned.
The planning commission chair, Tim, described where the 'family' definition appears in the zoning context and said the committee preferred either deferring to state code or linking to it. The council agreed to revise the draft so the municipal code references the Utah code definition (hyperlinked) "as amended." Council also discussed other definition items — including using code‑specific meanings for terms like "canopy" (targeting gas‑station pump canopies) and preferring 'produce stand' wording because that term is already used elsewhere in the code.
Council moved, seconded and adopted ordinance 2026‑11 with the one modification to the family definition; roll‑call votes were recorded affirmative.
