Utah § 10-21-401 Affordable home ownership density bonus for single-family residential units.

Utah Statutes

§ 10-21-401 — Affordable home ownership density bonus for single-family residential units.

Utah·Title 10 Utah Municipal Code·Ch. 10-21 Municipalities and Housing Supply·Part 10-21-4 Optional Tools for Municipalities to Promote Housing Supply

(1)As used in this section:

(1)(a) "Affordable housing" means a dwelling:

(1)(a)(i) offered for sale to an owner-occupier at a purchase price affordable to a household with a gross income of no more than 120% of area median income for the county in which the residential unit is offered for sale; or

(1)(a)(ii) offered for rent at a rental price affordable to a household with a gross income of no more than 80% of area median income for the county in which the residential unit is offered for rent.

(1)(b) "Owner-occupier" means an individual who owns, solely or jointly, a housing unit in which the individual lives as the individual's primary residence.

(1)(c) "Qualifying affordable home ownership single-family density bonus" means:

(1)(c)(i) for an area with an underlying zoning density of le

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(1) As used in this section:
(1)(a) "Affordable housing" means a dwelling:
(1)(a)(i) offered for sale to an owner-occupier at a purchase price affordable to a household with a gross income of no more than 120% of area median income for the county in which the residential unit is offered for sale; or
(1)(a)(ii) offered for rent at a rental price affordable to a household with a gross income of no more than 80% of area median income for the county in which the residential unit is offered for rent.
(1)(b) "Owner-occupier" means an individual who owns, solely or jointly, a housing unit in which the individual lives as the individual's primary residence.
(1)(c) "Qualifying affordable home ownership single-family density bonus" means:
(1)(c)(i) for an area with an underlying zoning density of less than six residential units per acre, municipal approval of a density at least six residential units per acre; or
(1)(c)(ii) for an area with an underlying zoning density of six residential units per acre or more, municipal approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area.
(2) If a municipality approves a qualifying affordable home ownership single-family density bonus, either through a zoning ordinance or a development agreement, the municipality may adopt requirements for the qualifying affordable home ownership single-family density bonus area to ensure:
(2)(a) at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years;
(2)(b) at least 25% of the total single-family residential units qualify as affordable housing;
(2)(c) at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or
(2)(d) the applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
(3) A municipality may offer additional incentives in a qualifying affordable home ownership single-family density bonus area approved for single-family residential units to promote owner-occupied, affordable housing.

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