(1) Subject to Sections 17-27a-1203 and 17-27a-1204, a county may create a home ownership promotion zone as described in this section.
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Terms Used In Utah Code 17-27a-1202

  • Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 17-27a-1201
  • 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
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
  • State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
  • Tax commission: means the State Tax Commission created in Section 59-1-201. See Utah Code 17-27a-1201
  • Tax increment: means the difference between:
              (11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
              (11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17-27a-1201
  • Taxing entity: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
  • Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(2) A home ownership promotion zone created under this section:

     (2)(a) is an area of 10 contiguous unincorporated acres or less located entirely within the boundaries of the county, zoned for fewer than six housing units per acre before the creation of the home ownership promotion zone;
     (2)(b) shall be re-zoned for at least six housing units per acre; and
     (2)(c) may not be encumbered by any residential building permits as of the day on which the home ownership promotion zone is created.
(3)

     (3)(a) The county shall designate the home ownership promotion zone by resolution of the legislative body of the county following:

          (3)(a)(i) the recommendation of the county planning commission; and
          (3)(a)(ii) the notification requirements described in Section 17-27a-1204.
     (3)(b) The resolution described in Subsection (3)(a) shall describe how the home ownership promotion zone created pursuant to this section meets the objectives and requirements of Section 17-27a-1203.
     (3)(c) The home ownership promotion zone is created on the effective date of the resolution described in Subsection (3)(a).
(4) If a home ownership promotion zone is created as described in this section:

     (4)(a) affected local taxing entities are required to participate according to the requirements of the home ownership promotion zone established by the county; and
     (4)(b) each affected taxing entity is required to participate at the same rate.
(5) A home ownership promotion zone may be modified by the same manner it is created as described in Subsection (3).
(6) Within 30 days after the day on which the county creates the home ownership promotion zone as described in Subsection (3), the county shall:

     (6)(a) record with the recorder a document containing:

          (6)(a)(i) a description of the land within the home ownership promotion zone; and
          (6)(a)(ii) the date of creation of the home ownership promotion zone;
     (6)(b) transmit a copy of the description of the land within the home ownership promotion zone and an accurate map or plat indicating the boundaries of the home ownership promotion zone to the Utah Geospatial Resource Center created under Section 63A-16-505; and
     (6)(c) transmit a map and description of the land within the home ownership promotion zone to:

          (6)(c)(i) the auditor, recorder, attorney, surveyor, and assessor of the county in which any part of the home ownership promotion zone is located;
          (6)(c)(ii) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity’s taxes through the county;
          (6)(c)(iii) the legislative body or governing board of each taxing entity impacted by the home ownership promotion zone;
          (6)(c)(iv) the tax commission; and
          (6)(c)(v) the State Board of Education.
(7) A county may receive tax increment and use home ownership promotion zone funds as described in Section 17-27a-1205.

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