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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-21-301

A municipality may require moderate income housing units as a land-use approval condition only in specified circumstances, and generally may not use an applicant’s refusal to participate against the application.

Source excerpt

housingland usemunicipal regulationsales and use tax
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“A municipality may require moderate income housing units as a land-use approval condition only in specified circumstances, and generally may not use an applicant’s refusal to participate against the application.”

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Moderate income housing.

A municipality may require moderate income housing units as a land-use approval condition only in specified circumstances, and generally may not use an applicant’s refusal to participate against the application.

Section 10-21-301

Subsection 10-21-301(1)(a)

the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;

Section 10-21-301(1)(a)

Subsection 10-21-301(1)(b)

The municipality provides incentives for an applicant who agrees to include moderate income housing units in a development.

Section 10-21-301(1)(b)

Subsection 10-21-301(2)

If an applicant declines to participate in moderate income housing development under Subsection (1)(a) or (b), the municipality may not use that decision when deciding whether to approve or deny the land use application.

Section 10-21-301(2)

Subsection 10-21-301(3)

A qualifying municipality may require a set number of moderate income housing units as a condition for approving a land use application, if the requirement follows a pre-2022 ordinance.

Section 10-21-301(3)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 7 of 7 provisions

Provision 7

Part 10-21-3

part 10-21-3 Provisions Unique to Residential Zones and Residential Units

§ 10-21-301Moderate income housing.Provision

Source excerpt

A municipality may require moderate income housing units as a land-use approval condition only in specified circumstances, and generally may not use an applicant’s refusal to participate against the application.

Moderate income housing. A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402 . If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b) , a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application. Notwithstanding Subsections (1) and (2) , a municipality that imposes a resort community sales and use tax as described in Section 59-12-401 , may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.
Section 10-21-301Verify source
§ 10-21-301(1)Subsection 10-21-301(1)Provision

Source excerpt

A municipality may require a certain number of moderate income housing units as a land-use approval condition only if one of the listed agreement or incentive conditions is met.

A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402 .
Section 10-21-301(1)Verify source
§ 10-21-301(1)(a)Subsection 10-21-301(1)(a)Provision

Source excerpt

the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;

the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;
Section 10-21-301(1)(a)Verify source
§ 10-21-301(1)(b)Subsection 10-21-301(1)(b)Provision

Source excerpt

The municipality provides incentives for an applicant who agrees to include moderate income housing units in a development.

the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or
Section 10-21-301(1)(b)Verify source
§ 10-21-301(1)(c)Subsection 10-21-301(1)(c)Provision

Source excerpt

the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402 .

the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402 .
Section 10-21-301(1)(c)Verify source
§ 10-21-301(2)Subsection 10-21-301(2)Provision

Source excerpt

If an applicant declines to participate in moderate income housing development under Subsection (1)(a) or (b), the municipality may not use that decision when deciding whether to approve or deny the land use application.

If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b) , a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application.
Section 10-21-301(2)Verify source
§ 10-21-301(3)Subsection 10-21-301(3)Provision

Source excerpt

A qualifying municipality may require a set number of moderate income housing units as a condition for approving a land use application, if the requirement follows a pre-2022 ordinance.

Notwithstanding Subsections (1) and (2) , a municipality that imposes a resort community sales and use tax as described in Section 59-12-401 , may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.
Section 10-21-301(3)Verify source

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