Utah Code 17-27a-531. Moderate income housing
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(1) A county may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:
Terms Used In Utah Code 17-27a-531
- 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
- Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 17-27a-103
- Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(1)(a) the county and the applicant enter into a written agreement regarding the number of moderate income housing units; or(1)(b) the county provides incentives for an applicant who agrees to include moderate income housing units in a development.
(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a county may not take into consideration the applicant’s decision in the county’s determination of whether to approve or deny a land use application.
(3) Notwithstanding Subsections (1) and (2), a county of the third class, which has a ski resort located within the unincorporated area of the county, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the county before January 1, 2022.