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 402 - Affordable home ownership density bonus for multi-family residential units.

Universal Citation:
UT Code § 10-21-402 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Effective 11/6/2025
10-21-402. Affordable home ownership density bonus for multi-family residential units.
  • (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 municipal approval of a density of at least 20 residential units per acre.
  • (2)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:
    • (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 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 multi-family density bonus area for multi-family residential units to promote owner-occupied, affordable housing.


Renumbered and Amended by Chapter 15, 2025 Special Session 1
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