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Utah Code
2025 Utah Code
Title 10 - Utah Municipal Code
Chapter 21 - Municipalities and Housing Supply
Part 4 - Optional Tools for Municipalities to Promote Housing Supply
Section 401 - Affordable home ownership density bonus for single-family residential units.
Universal Citation:
UT Code § 10-21-401 (2025)
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Effective 11/6/2025
10-21-401. Affordable home ownership density bonus for single-family residential units.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
10-21-401. Affordable home ownership density bonus for single-family residential units.
- (1)As used in this section:
- (a)"Affordable housing" means a dwelling:
- (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
- (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.
- (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.
- (c)"Qualifying affordable home ownership single-family density bonus" means:
- (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
- (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.
- (a)"Affordable housing" means a dwelling:
- (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:
- (a)at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years;
- (b)at least 25% of the total single-family residential units qualify as affordable housing;
- (c)at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or
- (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.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
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