As used in this part 2, unless the context otherwise
requires:
(1) Certified transit-oriented community means a transit-oriented
community that has met the requirements of section 29-35-204 (4).
(2) Exempt parcel means:
(a) Any parcel that a transit-oriented community has applied to the
department for qualification as an exempt parcel because the transit-oriented
community believes the parcel cannot be developed for reasons including health
and safety, topography, or practical limitations and for which the department has
approved the transit-oriented community's application according to a process
established by policies and procedures developed by the department;
(b) A parcel that, as of January 1, 2024, is not served by a domestic water and
sewage treatment system, as defined in section 24-65.1-104 (5), is served by a well
that is not connected to a water distribution system, as defined in section 25-9-102
(6), or is served by a septic tank, as defined in section 25-10-103 (18);
(c) Any part of a parcel that, as of January 1, 2024, is located within an
unincorporated area as defined in subsection (11)(d)(II) of this section, and is served
by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5), that is owned by a municipality;
(d) A parcel that, as of January 1, 2024, is in an agricultural, forestry, natural
resource preservation, or open space zoning district;
(e) A parcel that, as of January 1, 2024, is zoned or used primarily for
industrial use, which, for purposes of this subsection (2)(e), means a business use or
activity at a scale greater than home industry involving manufacturing, fabrication,
mineral or gravel extraction, assembly, warehousing, or storage, and parcels that
are identified within the United States environmental protection agency's toxic
release inventory;
(f) Any part of a parcel that, as of January 1, 2024, is in a floodway or in a
one- hundred-year floodplain, as identified by the federal emergency management
agency;
(g) Any part of a parcel that, as of January 1, 2024, is subject to an easement
for a major electric or natural gas facility, as defined in section 29-20-108 (3);
(h) A parcel that, as of January 1, 2024, is used as a cemetery, as defined in
section 31-25-701 (2);
(i) Any part of a parcel that, as of January 1, 2024, is subject to a
conservation easement;
(j) A parcel or easement that, as of January 1, 2024, is owned by, used as, or
operated by an airport;
(k) A public or railroad right-of-way that exists as of January 1, 2024;
(l) A parcel that, as of January 1, 2024, is used as a mobile home park, as
defined in section 38-12-201.5 (6);
(m) A parcel that is:
(I) Within a transit station area;
(II) Separated by a state-owned limited-access highway or railroad track
from all exits to the transit station that is used to establish the transit station area
referenced in subsection (2)(m)(I) of this section; and
(III) Wholly beyond an area that is reachable by a person walking a distance
of no more than one-half mile from the transit station referenced in subsection
(2)(m)(II) of this section, as designated by the walkshed map published by the
department pursuant to section 29-35-207 (1)(b);
(n) A parcel that, as of January 1, 2024, is owned by a federal, state, or local
government entity;
(o) Any part of a parcel that, as of January 1, 2024, includes land that is park
and open space, as defined in section 29-7.5-103 (2);
(p) A parcel that as of January 1, 2024, is owned by a school district, as
defined in section 22-30-103 (13); or
(q) Any part of a parcel's zoning capacity where residential use is prevented
or limited to less than forty dwelling units per acre by state regulation, federal
regulation, or deed restriction pursuant to either:
(I) Federal aviation administration restrictions pursuant to 14 CFR part 77;
(II) An environmental covenant pursuant to sections 25-15-318 to 25-15-323;
or
(III) Restrictions within a flammable gas overlay zoning district.
(3) Housing opportunity goal means a goal for the zoning capacity for
residential units in a transit-oriented community. A local government shall calculate
its housing opportunity goal pursuant to section 29-35-204 (2).
(4) Mixed-use pedestrian-oriented neighborhood means an area that
integrates land use types that include residential and nonresidential uses within a
walkable neighborhood.
(5) Neighborhood center means an area that both meets the requirements
of section 29-35-206 and is designated as a neighborhood center by a local
government.
(6) Net housing density means the number of residential units allowed per
acre of land on parcels that allow for residential development. In calculating net
housing density for an area, a local government shall incorporate any dimensional
or other restrictions in local laws used to regulate allowed density in the area,
including but not limited to restrictions related to units per acre, lot area per unit,
lot coverage, site level open space requirements, floor area ratios, setbacks,
minimum parking requirements, and maximum height. Nothing in this subsection (6)
means that, in calculating net housing density for an area, a local government shall
include an area of an individual parcel required for stormwater drainage or a utility
easement.
(7) Optional transit area means the total area, measured in acres, within a
transit-oriented community that is within one-quarter mile of a public bus route or
bus rapid transit corridor as identified in the criteria in subsection 29-35-207 (4).
(8) Transit area means both a transit station area, as defined in subsection
(12) of this section, or a transit corridor area, as defined in subsection (10) of this
section.
(9) Transit center means an area that both meets the requirements of
section 29-35-205 and is designated as a transit center by a transit-oriented
community.
(10) Transit corridor area means the total area, measured in acres, within a
transit-oriented community that is within one-quarter mile of a public bus route as
identified in the criteria in section 29-35-207 (3).
(11) Transit-oriented community means a local government that:
(a) Is either entirely or partially within a metropolitan planning organization;
(b) Has a population of four thousand or more according to the most recent
data from the state demography office;
(c) Contains at least seventy-five acres of transit area; and
(d) If the local government is a county, contains either:
(I) A part of a transit station area that is both in an unincorporated part of the
county and within one-half mile of a transit station that serves one or both of a
commuter rail or a light rail service; or
(II) A part of a transit corridor area that is both in an unincorporated part of
the county and fully surrounded by one or more municipalities.
(12) Transit station area means the total area, measured in acres, within a
transit-oriented community that is within one-half mile of a station, as identified in
the criteria in section 29-35-207 (2).
(13) Zoning capacity means the total number of housing units allowed in an
area, as limited by the restrictions in local law that regulate density in that area,
and as calculated by totaling the net housing density of all parcels within the area.
(14) Zoning capacity buffer means the ratio of the number of housing units
anticipated to be constructed in an area to the zoning capacity of the area.