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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-21-402, 2025

A municipality that approves a qualifying affordable home ownership multi-family density bonus may adopt related requirements and may offer additional incentives.

Source excerpt

affordable housingdensity bonusdevelopment agreementsdevelopment incentiveshousinghousing developmentlocal governmentmulti-family residential developmentmunicipal zoningowner-occupancy incentiveszoning ordinances
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2025
Dates
Enacted 2025
More statute details
Dates
Enacted 2025
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01

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“A municipality that approves a qualifying affordable home ownership multi-family density bonus may adopt related requirements and may offer additional incentives.”

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02

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Subsection 10-21-402(2)(a)

The area must allow at least 20% more residential units per acre than would otherwise be allowed.

Section 10-21-402(2)(a)

Subsection 10-21-402(2)(c)

At least 25% of the total units in a multi-family residential building must qualify as affordable housing.

Section 10-21-402(2)(c)

Subsection 10-21-402(3)

A municipality may offer additional incentives in a qualifying affordable home ownership multi-family density bonus area for multi-family residential units.

Section 10-21-402(3)

04

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In force source record

Source record from le.utah.gov · Enacted 2025

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Showing 12 of 12 provisions

Provision 12

Part 10-21-4

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

§ 10-21-402Affordable home ownership density bonus for multi-family residential units.Provision

Source excerpt

A municipality that approves a qualifying affordable home ownership multi-family density bonus may adopt related requirements and may offer additional incentives.

Affordable home ownership density bonus for multi-family residential units. As used in this section: "Affordable housing" means the same as that term is defined in Section 10-21-401 . "Owner-occupier" means the same as that term is defined in Section 10-21-401 . "Qualifying affordable home ownership multi-family density bonus" means municipal approval of a density of at least 20 residential units per acre. If a municipality approves a qualifying affordable home ownership multi-family density bonus, either through a zoning ordinance or a development agreement, the municipality may adopt requirements for the qualifying affordable home ownership multi-family density bonus area to ensure: at least 20% more residential units per acre than are otherwise allowed in the area; at least 60% of the total units in the multi-family residential building be deed-restricted to owner-occupancy for at least five years; at least 25% of the total units in the multi-family residential building qualify as affordable housing; at least 25% of the total units in a multi-family residential building to be no larger than 1,600 square feet; or 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 municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601. A municipality 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.
Section 10-21-402Verify source
§ 10-21-402(1)Subsection 10-21-402(1)Provision

Source excerpt

This subsection defines three terms: “affordable housing,” “owner-occupier,” and “qualifying affordable home ownership multi-family density bonus.”

As used in this section: "Affordable housing" means the same as that term is defined in Section 10-21-401 . "Owner-occupier" means the same as that term is defined in Section 10-21-401 . "Qualifying affordable home ownership multi-family density bonus" means municipal approval of a density of at least 20 residential units per acre.
Section 10-21-402(1)Verify source
§ 10-21-402(1)(a)Subsection 10-21-402(1)(a)Provision

Source excerpt

“Affordable housing” has the same meaning as in Section 10-21-401.

"Affordable housing" means the same as that term is defined in Section 10-21-401 .
Section 10-21-402(1)(a)Verify source
§ 10-21-402(1)(b)Subsection 10-21-402(1)(b)Provision

Source excerpt

“Owner-occupier” is defined by reference to Section 10-21-401.

"Owner-occupier" means the same as that term is defined in Section 10-21-401 .
Section 10-21-402(1)(b)Verify source
§ 10-21-402(1)(c)Subsection 10-21-402(1)(c)Provision

Source excerpt

This subsection defines a term as municipal approval of density of at least 20 residential units per acre.

"Qualifying affordable home ownership multi-family density bonus" means municipal approval of a density of at least 20 residential units per acre.
Section 10-21-402(1)(c)Verify source
§ 10-21-402(2)Subsection 10-21-402(2)Provision

Source excerpt

If a municipality approves a qualifying affordable home ownership multi-family density bonus, it may adopt area requirements tied to that bonus.

If a municipality approves a qualifying affordable home ownership multi-family density bonus, either through a zoning ordinance or a development agreement, the municipality may adopt requirements for the qualifying affordable home ownership multi-family density bonus area to ensure: at least 20% more residential units per acre than are otherwise allowed in the area; at least 60% of the total units in the multi-family residential building be deed-restricted to owner-occupancy for at least five years; at least 25% of the total units in the multi-family residential building qualify as affordable housing; at least 25% of the total units in a multi-family residential building to be no larger than 1,600 square feet; or 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 municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
Section 10-21-402(2)Verify source
§ 10-21-402(2)(a)Subsection 10-21-402(2)(a)Provision

Source excerpt

The area must allow at least 20% more residential units per acre than would otherwise be allowed.

at least 20% more residential units per acre than are otherwise allowed in the area;
Section 10-21-402(2)(a)Verify source
§ 10-21-402(2)(b)Subsection 10-21-402(2)(b)Provision

Source excerpt

At least 60% of the units in the multi-family residential building must be deed-restricted to owner-occupancy for at least five years.

at least 60% of the total units in the multi-family residential building be deed-restricted to owner-occupancy for at least five years;
Section 10-21-402(2)(b)Verify source
§ 10-21-402(2)(c)Subsection 10-21-402(2)(c)Provision

Source excerpt

At least 25% of the total units in a multi-family residential building must qualify as affordable housing.

at least 25% of the total units in the multi-family residential building qualify as affordable housing;
Section 10-21-402(2)(c)Verify source
§ 10-21-402(2)(d)Subsection 10-21-402(2)(d)Provision

Source excerpt

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

at least 25% of the total units in a multi-family residential building to be no larger than 1,600 square feet; or
Section 10-21-402(2)(d)Verify source
§ 10-21-402(2)(e)Subsection 10-21-402(2)(e)Provision

Source excerpt

The applicant creates a preferential qualifying buyer program for a unit in a multi-family residential building, initially offering it for sale to preferred qualifying buyers for up to 30 days.

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 municipality, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
Section 10-21-402(2)(e)Verify source
§ 10-21-402(3)Subsection 10-21-402(3)Provision

Source excerpt

A municipality may offer additional incentives in a qualifying affordable home ownership multi-family density bonus area for multi-family residential units.

A municipality 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.
Section 10-21-402(3)Verify source

Legislative relationships

1 referenced instrument

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A–F

1 instrument

  • Fair Housing Act

    Sections 10-21-402, 10-21-402(2), 10-21-402(2)(e)

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