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Utah Code § 17-80-402

Affordable home ownership density bonus for multi-family residential units

Renumbered and Amended by Chapter 14, 2025 Special Session 1

(1) As used in this section:

(a) "Affordable housing" means the same as that term is defined in Section 10-21-401.

(b) "Owner-occupier" means the same as that term is defined in Section 10-21-401.

(c) "Qualifying affordable home ownership multi-family density bonus" means county approval of a density of at least 20 residential units per acre.

(2) If a county approves a qualifying affordable home ownership multi-family density bonus, either through a zoning ordinance or a development agreement, the county may adopt requirements for the qualifying affordable home ownership multi-family density bonus area to ensure:

(a) at least 20% more residential units per acre than are otherwise allowed in the area;

(b) at least 60% of the total units in the multi-family residential building be deed-restricted to owner-occupancy for at least five years;

(c) at least 25% of the total units in the multi-family residential building qualify as affordable housing;

(d) at least 25% of the total units in a multi-family residential building to be no larger than 1,600 square feet; or

(e) the applicant creates a preferential qualifying buyer program in which a unit in a multi-family residential building is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the county, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.

(3) A county may offer additional incentives in a qualifying affordable home ownership multi-family density bonus area for multi-family residential units to promote owner-occupied, affordable housing.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.