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

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(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.

(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.

(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