10-21-301. Moderate income housing.
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Effective 11/6/2025
10-21-301. Moderate income housing.
(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;
(b)the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or
(c)the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402 .
(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.
Renumbered and Amended by Chapter 15 , 2025 Special Session 1