(1) A home ownership promotion zone shall promote the following objectives:

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Terms Used In Utah Code 10-9a-1003

  • Affordable housing: means housing offered for sale at 80% or less of the median county home price for housing of that type. See Utah Code 10-9a-1001
  • Agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 10-9a-1001
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
     (1)(a) increasing availability of housing, including affordable housing;
     (1)(b) promotion of home ownership;
     (1)(c) overcoming development impediments and market conditions that render an affordable housing development cost prohibitive absent the incentives resulting from a home ownership promotion zone; and
     (1)(d) conservation of water resources through efficient land use.
(2) In order to accomplish the objectives described in Subsection (1), a municipality shall ensure that:

     (2)(a) land inside the proposed home ownership promotion zone is zoned as residential, with at least six planned housing units per acre;
     (2)(b) at least 60% of the proposed housing units within the home ownership promotion zone are affordable housing units; and
     (2)(c) all of the proposed housing units within the home ownership promotion zone are deed restricted to require owner occupation for at least five years.
(3) A municipality may restrict short term rentals in a home ownership promotion zone.
(4) A municipality may not create a home ownership promotion zone if:

     (4)(a) the proposed home ownership promotion zone would overlap with a school district and:

          (4)(a)(i)

               (4)(a)(i)(A) the school district has more than one municipality within the school district’s boundaries; and
               (4)(a)(i)(B) the school district already has 100 acres designated as home ownership promotion zone within the school district’s boundaries; or
          (4)(a)(ii)

               (4)(a)(ii)(A) the school district has one municipality within the school district’s boundaries; and
               (4)(a)(ii)(B) the school district already has 50 acres designated as home ownership promotion zone within the school district’s boundaries; or
     (4)(b) the area in the proposed home ownership zone would overlap with:

          (4)(b)(i) a project area, as that term is defined in Section 17C-1-102, and created under Title 17C, Chapter 1, Agency Operations, until the project area is dissolved pursuant to Section 17C-1-702; or
          (4)(b)(ii) an existing housing and transit reinvestment zone.