Utah Code 10-9a-1003. Applicability, requirements, and limitations
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(1) A home ownership promotion zone shall promote the following objectives:
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.