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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A municipality 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:
(a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; or
(b) the municipality 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 municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application.
(3) Notwithstanding Subsections (1) and (2), a municipality that imposes a resort community sales and use tax as described in Section 59-12-401, 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 municipality before January 1, 2022.
Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-9a-535. Moderate income housing - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-9a-535/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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