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 § 10-21-401

Title 10Utah Municipal Code

Ch. 10-21Municipalities and Housing Supply

Part 10-21-4Optional Tools for Municipalities to Promote Housing Supply

This text of Utah § 10-21-401 (Affordable home ownership density bonus for single-family residential units.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 10-21-401 (2026).

Text

(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.