Specific Provisions For Certain Zones

Utah Code tit. 63N, ch. 63N-3a, pt. 63N-3a-P3

in effect

Utah Code § 63N-3a-301 Provisions specific to a regionally significant transit-oriented development.

63N-3a-301. Provisions specific to a regionally significant transit-oriented development. (1) A proposal to create a regionally significant development zone that qualifies as a regionally significant transit-oriented development, as described in this section, shall demonstrate how the proposal addresses the following objectives: (a) higher utilization of public transit; (b) increasing availability of housing, including affordable housing; (c) promoting and encouraging development of owner-occupied housing; (d) improving efficiencies in parking and transportation, including walkability of communities near public transit facilities; (e) overcoming development impediments and market conditions that render a development cost prohibitive absent the proposal and incentives; (f) conserving water resources through efficient land use; (g) improving air quality by reducing fuel consumption and motor vehicle trips; (h) encouraging mixed-use development and investment in transportation and public transit infrastructure in strategic areas; (i) strategic land use and municipal planning in major transit investment corridors as described in Subsection 10-20-404(2); (j) increasing access to employment and educational opportunities; and (k) increasing access to child care. (2) To accomplish the objectives described in Subsection (1), a creating entity that proposes a regionally significant transit-oriented development as described in this section shall ensure that the proposal includes: (a) except as provided in Subsection (3), at least 12% of the proposed dwelling units within the zone are affordable housing units, with: (i) up to 9% of the proposed dwelling units occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the county median gross income for households of the same size; and (ii) at least 3% of the proposed dwelling units occupied or reserved for occupancy by households with a gross household income equal to or less than 60% of the county median gross income for households of the same size; and (b) except as provided in Subsection (4), at least 51% of the developable area within a zone be dedicated to residential uses and: (i) an average of at least 50 dwelling units per acre within the acreage of the zone dedicated to residential uses; (ii) mixed-use development within the zone; and (iii) a mix of dwelling units to ensure that at least 25% of the dwelling units have more than one bedroom. (3) (a) If the projects within a regionally significant transit-oriented development are developed in phases, a creating entity and agency shall ensure that each phase is developed to provide the required 12% of affordable housing units. (b) A creating entity may allow a regionally significant transit development to be phased and developed in a manner to provide more of the required affordable housing units in early phases of development. (c) A creating entity shall include in a proposal an affordable housing plan, which may include deed restrictions, to ensure the affordable housing required in the proposal will continue to meet the definition of affordable housing at least throughout the entire term of the zone. (d) If the creating entity meets the affordable housing guidelines of the United States Department of Housing and Urban Development at 60% area median income at the time the regionally significant transit-oriented development proposal is approved by the committee, the creating entity is exempt from the percentage requirements described in Subsection (2)(a). (4) For a regionally significant transit-oriented development proposed to be located at a public transit hub or a bus rapid transit station, the regionally significant transit-oriented development shall include: (a) at least 51% of the developable area within a zone as residential uses; and (b) an average of at least 50 dwelling units per acre within the acreage of the zone dedicated to residential uses. Enacted by Chapter 373, 2026 General Session

Utah Code § 63N-3a-302 Provisions specific to a regionally significant first home village.

63N-3a-302. Provisions specific to a regionally significant first home village. (1) A proposal to create a regionally significant development zone that qualifies as a regionally significant first home village, as described in this section, shall demonstrate how the proposal addresses the following objectives: (a) improving efficiencies in parking and transportation, including walkability of communities near public transit facilities, street and path interconnectivity within the proposed development and connections to surrounding communities, and access to roadways, public transportation, and active transportation; (b) improving availability of housing options; (c) overcoming development impediments and market conditions that render a development cost prohibitive absent the proposal and incentives; (d) conserving water resources through efficient land use; (e) improving air quality by reducing fuel consumption and motor vehicle trips; (f) encouraging mixed-use development; (g) strategic land use and municipal planning in major transit investment corridors; (h) increasing access to employment and educational opportunities; (i) increasing access to child care; and (j) improving efficiencies in parking and transportation, including walkability of communities, street and path interconnectivity within the proposed development and connections to surrounding communities, and access to roadways, public transportation, and active transportation. (2) (a) To promote the creation of walkable communities, a regionally significant first home village development shall be anchored by a core of high-density residential and mixed residential-commercial uses, including opportunities for shopping, child care, and employment. (b) To accomplish the objectives described in Subsection (1), a creating entity shall ensure that the proposal for a regionally significant first home village includes: (i) subject to Subsection (3), a minimum of 30 housing units per acre: (A) in at least 51% of the developable area within the first home investment zone; and (B) of which 50% must be owner occupied; (ii) a mixed use development; (iii) a requirement that at least 25% of homes within the zone remain owner occupied for at least 25 years from the date of original purchase; (iv) for homes inside the zone, a requirement that at least 12% of the owner occupied homes and 12% of the homes that are not owner occupied qualify as affordable housing; and (v) a requirement that at least 20% of the extraterritorial homes are affordable housing. (3) (a) Subject to Subsection (3)(b), to satisfy the requirements described in Subsection (2), a regionally significant first home village may include an extraterritorial home to count toward density and owner-occupancy requirements by: (i) adding the total number of extraterritorial homes related to the regionally significant first home village to the total number of homes within the regionally significant first home village; and (ii) dividing the sum described in Subsection (3)(a)(i) by a number equal to 51% of the total number of developable acres within the regionally significant first home village. (b) Extraterritorial homes may account for no more than half of the total homes to calculate density within a first home village. (4) For a condominium building that is part of a regionally significant first home village development for purposes of meeting the requirement to have a minimum of 30 housing units per acre, the requirement that 50% of housing units be owner occupied applies beginning one year after the day on which the condominium building is complete and receives a certificate of occupancy from the relevant local land use authority. Enacted by Chapter 373, 2026 General Session

Utah Code § 63N-3a-303 Provisions specific to a regionally significant economic development opportunity.

63N-3a-303. Provisions specific to a regionally significant economic development opportunity. (1) A creating entity with general land use authority over an area may submit a proposal that does not qualify under Section 63N-3a-301 or 63N-3a-302 as a regionally significant economic development opportunity. (2) A proposal for a regionally significant economic development opportunity shall demonstrate the likelihood that the project will constitute a significant capital investment, as that term is defined in Section 63N-2-103. (3) If a proposal for a regionally significant economic development opportunity involves a large load customer, as that term is defined in Section 54-26-101, or a qualifying data center, as that term is defined in Section 59-12-102, the proposal shall comply with Part 4, Regionally Significant Zones with Energy Implications. (4) The executive director and office shall establish additional criteria by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for a regionally significant economic development opportunity. Enacted by Chapter 373, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title63N/Chapter3A/63N-3a-P3.html?v=C63N-3a-P3_2026050620260506Fetched: 10/26/2026