UT
Utah House Bill HB0233

Utah 2023 Regular Session

Utah House Bill HB0233 Compare Versions

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11 H.B. 233
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: G. Harb 6
44 6 01-18-23 3:11 PM 6
55 H.B. 233
66 1 COUNTY LAND USE AMENDMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Kera Birkeland
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill modifies provisions relating to county land use and development.
1515 10Highlighted Provisions:
1616 11 This bill:
1717 12 <repeals provisions requiring certain counties to implement plans for creating a
1818 13housing and transit reinvestment zone as a strategy to increase moderate income
1919 14housing; and
2020 15 <makes conforming changes.
2121 16Money Appropriated in this Bill:
2222 17 None
2323 18Other Special Clauses:
2424 19 None
2525 20Utah Code Sections Affected:
2626 21AMENDS:
2727 22 17-27a-403, as last amended by Laws of Utah 2022, Chapters 282, 406
2828 23 63N-3-603, as last amended by Laws of Utah 2022, Chapters 21, 406 and 433
2929 24
3030 25Be it enacted by the Legislature of the state of Utah:
3131 26 Section 1. Section 17-27a-403 is amended to read:
3232 27 17-27a-403. Plan preparation.
3333 *HB0233* H.B. 233 01-18-23 3:11 PM
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3535 28 (1) (a) The planning commission shall provide notice, as provided in Section
3636 2917-27a-203, of the planning commission's intent to make a recommendation to the county
3737 30legislative body for a general plan or a comprehensive general plan amendment when the
3838 31planning commission initiates the process of preparing the planning commission's
3939 32recommendation.
4040 33 (b) The planning commission shall make and recommend to the legislative body a
4141 34proposed general plan for:
4242 35 (i) the unincorporated area within the county; or
4343 36 (ii) if the planning commission is a planning commission for a mountainous planning
4444 37district, the mountainous planning district.
4545 38 (c) (i) The plan may include planning for incorporated areas if, in the planning
4646 39commission's judgment, they are related to the planning of the unincorporated territory or of
4747 40the county as a whole.
4848 41 (ii) Elements of the county plan that address incorporated areas are not an official plan
4949 42or part of a municipal plan for any municipality, unless the county plan is recommended by the
5050 43municipal planning commission and adopted by the governing body of the municipality.
5151 44 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
5252 45and descriptive and explanatory matter, shall include the planning commission's
5353 46recommendations for the following plan elements:
5454 47 (i) a land use element that:
5555 48 (A) designates the long-term goals and the proposed extent, general distribution, and
5656 49location of land for housing for residents of various income levels, business, industry,
5757 50agriculture, recreation, education, public buildings and grounds, open space, and other
5858 51categories of public and private uses of land as appropriate;
5959 52 (B) includes a statement of the projections for and standards of population density and
6060 53building intensity recommended for the various land use categories covered by the plan;
6161 54 (C) is coordinated to integrate the land use element with the water use and preservation
6262 55element; and
6363 56 (D) accounts for the effect of land use categories and land uses on water demand;
6464 57 (ii) a transportation and traffic circulation element that:
6565 58 (A) provides the general location and extent of existing and proposed freeways, arterial 01-18-23 3:11 PM H.B. 233
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6767 59and collector streets, public transit, active transportation facilities, and other modes of
6868 60transportation that the planning commission considers appropriate;
6969 61 (B) addresses the county's plan for residential and commercial development around
7070 62major transit investment corridors to maintain and improve the connections between housing,
7171 63employment, education, recreation, and commerce; and
7272 64 (C) correlates with the population projections, the employment projections, and the
7373 65proposed land use element of the general plan;
7474 66 (iii) for a specified county as defined in Section 17-27a-408, a moderate income
7575 67housing element that:
7676 68 (A) provides a realistic opportunity to meet the need for additional moderate income
7777 69housing within the next five years;
7878 70 (B) selects three or more moderate income housing strategies described in Subsection
7979 71(2)(b)(ii) for implementation;
8080 72 (C) includes an implementation plan as provided in Subsection (2)(e);
8181 73 (iv) a resource management plan detailing the findings, objectives, and policies
8282 74required by Subsection 17-27a-401(3); and
8383 75 (v) a water use and preservation element that addresses:
8484 76 (A) the effect of permitted development or patterns of development on water demand
8585 77and water infrastructure;
8686 78 (B) methods of reducing water demand and per capita consumption for future
8787 79development;
8888 80 (C) methods of reducing water demand and per capita consumption for existing
8989 81development; and
9090 82 (D) opportunities for the county to modify the county's operations to eliminate
9191 83practices or conditions that waste water.
9292 84 (b) In drafting the moderate income housing element, the planning commission:
9393 85 (i) shall consider the Legislature's determination that counties should facilitate a
9494 86reasonable opportunity for a variety of housing, including moderate income housing:
9595 87 (A) to meet the needs of people of various income levels living, working, or desiring to
9696 88live or work in the community; and
9797 89 (B) to allow people with various incomes to benefit from and fully participate in all H.B. 233 01-18-23 3:11 PM
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9999 90aspects of neighborhood and community life; and
100100 91 (ii) shall include an analysis of how the county will provide a realistic opportunity for
101101 92the development of moderate income housing within the planning horizon, including a
102102 93recommendation to implement three or more of the following moderate income housing
103103 94strategies:
104104 95 (A) rezone for densities necessary to facilitate the production of moderate income
105105 96housing;
106106 97 (B) demonstrate investment in the rehabilitation or expansion of infrastructure that
107107 98facilitates the construction of moderate income housing;
108108 99 (C) demonstrate investment in the rehabilitation of existing uninhabitable housing
109109 100stock into moderate income housing;
110110 101 (D) identify and utilize county general fund subsidies or other sources of revenue to
111111 102waive construction related fees that are otherwise generally imposed by the county for the
112112 103construction or rehabilitation of moderate income housing;
113113 104 (E) create or allow for, and reduce regulations related to, internal or detached accessory
114114 105dwelling units in residential zones;
115115 106 (F) zone or rezone for higher density or moderate income residential development in
116116 107commercial or mixed-use zones, commercial centers, or employment centers;
117117 108 (G) amend land use regulations to allow for higher density or new moderate income
118118 109residential development in commercial or mixed-use zones near major transit investment
119119 110corridors;
120120 111 (H) amend land use regulations to eliminate or reduce parking requirements for
121121 112residential development where a resident is less likely to rely on the resident's own vehicle,
122122 113such as residential development near major transit investment corridors or senior living
123123 114facilities;
124124 115 (I) amend land use regulations to allow for single room occupancy developments;
125125 116 (J) implement zoning incentives for moderate income units in new developments;
126126 117 (K) preserve existing and new moderate income housing and subsidized units by
127127 118utilizing a landlord incentive program, providing for deed restricted units through a grant
128128 119program, or establishing a housing loss mitigation fund;
129129 120 (L) reduce, waive, or eliminate impact fees related to moderate income housing; 01-18-23 3:11 PM H.B. 233
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131131 121 (M) demonstrate creation of, or participation in, a community land trust program for
132132 122moderate income housing;
133133 123 (N) implement a mortgage assistance program for employees of the county, an
134134 124employer that provides contracted services for the county, or any other public employer that
135135 125operates within the county;
136136 126 (O) apply for or partner with an entity that applies for state or federal funds or tax
137137 127incentives to promote the construction of moderate income housing, an entity that applies for
138138 128programs offered by the Utah Housing Corporation within that agency's funding capacity, an
139139 129entity that applies for affordable housing programs administered by the Department of
140140 130Workforce Services, an entity that applies for services provided by a public housing authority
141141 131to preserve and create moderate income housing, or any other entity that applies for programs
142142 132or services that promote the construction or preservation of moderate income housing;
143143 133 (P) demonstrate utilization of a moderate income housing set aside from a community
144144 134reinvestment agency, redevelopment agency, or community development and renewal agency
145145 135to create or subsidize moderate income housing;
146146 136 (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
147147 137Part 6, Housing and Transit Reinvestment Zone Act;
148148 138 (R) eliminate impact fees for any accessory dwelling unit that is not an internal
149149 139accessory dwelling unit as defined in Section 10-9a-530;
150150 140 (S) create a program to transfer development rights for moderate income housing;
151151 141 (T) ratify a joint acquisition agreement with another local political subdivision for the
152152 142purpose of combining resources to acquire property for moderate income housing;
153153 143 (U) develop a moderate income housing project for residents who are disabled or 55
154154 144years old or older;
155155 145 (V) create or allow for, and reduce regulations related to, multifamily residential
156156 146dwellings compatible in scale and form with detached single-family residential dwellings and
157157 147located in walkable communities within residential or mixed-use zones; and
158158 148 (W) demonstrate implementation of any other program or strategy to address the
159159 149housing needs of residents of the county who earn less than 80% of the area median income,
160160 150including the dedication of a local funding source to moderate income housing or the adoption
161161 151of a land use ordinance that requires 10% or more of new residential development in a H.B. 233 01-18-23 3:11 PM
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163163 152residential zone be dedicated to moderate income housing.
164164 153 [(iii) If a specified county, as defined in Section 17-27a-408, has created a small public
165165 154transit district, as defined in Section 17B-2a-802, on or before January 1, 2022, the specified
166166 155county shall include as part of the specified county's recommended strategies under Subsection
167167 156(2)(b)(ii) a recommendation to implement the strategy described in Subsection (2)(b)(ii)(Q).]
168168 157 (c) In drafting the land use element, the planning commission shall:
169169 158 (i) identify and consider each agriculture protection area within the unincorporated area
170170 159of the county or mountainous planning district;
171171 160 (ii) avoid proposing a use of land within an agriculture protection area that is
172172 161inconsistent with or detrimental to the use of the land for agriculture; and
173173 162 (iii) consider and coordinate with any station area plans adopted by municipalities
174174 163located within the county under Section 10-9a-403.1.
175175 164 (d) In drafting the transportation and traffic circulation element, the planning
176176 165commission shall:
177177 166 (i) (A) consider and coordinate with the regional transportation plan developed by the
178178 167county's region's metropolitan planning organization, if the relevant areas of the county are
179179 168within the boundaries of a metropolitan planning organization; or
180180 169 (B) consider and coordinate with the long-range transportation plan developed by the
181181 170Department of Transportation, if the relevant areas of the county are not within the boundaries
182182 171of a metropolitan planning organization; and
183183 172 (ii) consider and coordinate with any station area plans adopted by municipalities
184184 173located within the county under Section 10-9a-403.1.
185185 174 (e) (i) In drafting the implementation plan portion of the moderate income housing
186186 175element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
187187 176timeline for implementing each of the moderate income housing strategies selected by the
188188 177county for implementation.
189189 178 (ii) The timeline described in Subsection (2)(e)(i) shall:
190190 179 (A) identify specific measures and benchmarks for implementing each moderate
191191 180income housing strategy selected by the county; and
192192 181 (B) provide flexibility for the county to make adjustments as needed.
193193 182 (f) In drafting the water use and preservation element, the planning commission: 01-18-23 3:11 PM H.B. 233
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195195 183 (i) shall consider applicable regional water conservation goals recommended by the
196196 184Division of Water Resources;
197197 185 (ii) shall include a recommendation for:
198198 186 (A) water conservation policies to be determined by the county; and
199199 187 (B) landscaping options within a public street for current and future development that
200200 188do not require the use of lawn or turf in a parkstrip;
201201 189 (iii) shall review the county's land use ordinances and include a recommendation for
202202 190changes to an ordinance that promotes the inefficient use of water;
203203 191 (iv) shall consider principles of sustainable landscaping, including the:
204204 192 (A) reduction or limitation of the use of lawn or turf;
205205 193 (B) promotion of site-specific landscape design that decreases stormwater runoff or
206206 194runoff of water used for irrigation;
207207 195 (C) preservation and use of healthy trees that have a reasonable water requirement or
208208 196are resistant to dry soil conditions;
209209 197 (D) elimination or regulation of ponds, pools, and other features that promote
210210 198unnecessary water evaporation;
211211 199 (E) reduction of yard waste; and
212212 200 (F) use of an irrigation system, including drip irrigation, best adapted to provide the
213213 201optimal amount of water to the plants being irrigated;
214214 202 (v) may include recommendations for additional water demand reduction strategies,
215215 203including:
216216 204 (A) creating a water budget associated with a particular type of development;
217217 205 (B) adopting new or modified lot size, configuration, and landscaping standards that
218218 206will reduce water demand for new single family development;
219219 207 (C) providing one or more water reduction incentives for existing landscapes and
220220 208irrigation systems and installation of water fixtures or systems that minimize water demand;
221221 209 (D) discouraging incentives for economic development activities that do not adequately
222222 210account for water use or do not include strategies for reducing water demand; and
223223 211 (E) adopting water concurrency standards requiring that adequate water supplies and
224224 212facilities are or will be in place for new development; and
225225 213 (vi) shall include a recommendation for low water use landscaping standards for a new: H.B. 233 01-18-23 3:11 PM
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227227 214 (A) commercial, industrial, or institutional development;
228228 215 (B) common interest community, as defined in Section 57-25-102; or
229229 216 (C) multifamily housing project.
230230 217 (3) The proposed general plan may include:
231231 218 (a) an environmental element that addresses:
232232 219 (i) to the extent not covered by the county's resource management plan, the protection,
233233 220conservation, development, and use of natural resources, including the quality of:
234234 221 (A) air;
235235 222 (B) forests;
236236 223 (C) soils;
237237 224 (D) rivers;
238238 225 (E) groundwater and other waters;
239239 226 (F) harbors;
240240 227 (G) fisheries;
241241 228 (H) wildlife;
242242 229 (I) minerals; and
243243 230 (J) other natural resources; and
244244 231 (ii) (A) the reclamation of land, flood control, prevention and control of the pollution
245245 232of streams and other waters;
246246 233 (B) the regulation of the use of land on hillsides, stream channels and other
247247 234environmentally sensitive areas;
248248 235 (C) the prevention, control, and correction of the erosion of soils;
249249 236 (D) the preservation and enhancement of watersheds and wetlands; and
250250 237 (E) the mapping of known geologic hazards;
251251 238 (b) a public services and facilities element showing general plans for sewage, water,
252252 239waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
253253 240police and fire protection, and other public services;
254254 241 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
255255 242programs for:
256256 243 (i) historic preservation;
257257 244 (ii) the diminution or elimination of a development impediment as defined in Section 01-18-23 3:11 PM H.B. 233
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259259 24517C-1-102; and
260260 246 (iii) redevelopment of land, including housing sites, business and industrial sites, and
261261 247public building sites;
262262 248 (d) an economic element composed of appropriate studies and forecasts, as well as an
263263 249economic development plan, which may include review of existing and projected county
264264 250revenue and expenditures, revenue sources, identification of basic and secondary industry,
265265 251primary and secondary market areas, employment, and retail sales activity;
266266 252 (e) recommendations for implementing all or any portion of the general plan, including
267267 253the adoption of land and water use ordinances, capital improvement plans, community
268268 254development and promotion, and any other appropriate action;
269269 255 (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
270270 256(3)(a)(i); and
271271 257 (g) any other element the county considers appropriate.
272272 258 Section 2. Section 63N-3-603 is amended to read:
273273 259 63N-3-603. Applicability, requirements, and limitations on a housing and transit
274274 260reinvestment zone.
275275 261 (1) A housing and transit reinvestment zone proposal created under this part shall
276276 262promote the following objectives:
277277 263 (a) higher utilization of public transit;
278278 264 (b) increasing availability of housing, including affordable housing;
279279 265 (c) conservation of water resources through efficient land use;
280280 266 (d) improving air quality by reducing fuel consumption and motor vehicle trips;
281281 267 (e) encouraging transformative mixed-use development and investment in
282282 268transportation and public transit infrastructure in strategic areas;
283283 269 (f) strategic land use and municipal planning in major transit investment corridors as
284284 270described in Subsection 10-9a-403(2);
285285 271 (g) increasing access to employment and educational opportunities; and
286286 272 (h) increasing access to child care.
287287 273 (2) In order to accomplish the objectives described in Subsection (1), a municipality or
288288 274public transit county that initiates the process to create a housing and transit reinvestment zone
289289 275as described in this part shall ensure that the proposal for a housing and transit reinvestment H.B. 233 01-18-23 3:11 PM
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291291 276zone includes:
292292 277 (a) except as provided in Subsection (3), at least 10% of the proposed dwelling units
293293 278within the housing and transit reinvestment zone are affordable housing units;
294294 279 (b) at least 51% of the developable area within the housing and transit reinvestment
295295 280zone includes residential uses with, except as provided in Subsection (4)(c), an average of 50
296296 281dwelling units per acre or greater;
297297 282 (c) mixed-use development; and
298298 283 (d) a mix of dwelling units to ensure that a reasonable percentage of the dwelling units
299299 284has more than one bedroom.
300300 285 (3) A municipality or public transit county that, at the time the housing and transit
301301 286reinvestment zone proposal is approved by the housing and transit reinvestment zone
302302 287committee, meets the affordable housing guidelines of the United States Department of
303303 288Housing and Urban Development at 60% area median income is exempt from the requirement
304304 289described in Subsection (2)(a).
305305 290 (4) (a) A municipality may only propose a housing and transit reinvestment zone at a
306306 291commuter rail station, and a public transit county may only propose a housing and transit
307307 292reinvestment zone at a public transit hub, that:
308308 293 (i) subject to Subsection (5)(a):
309309 294 (A) (I) except as provided in Subsection (4)(a)(i)(A)(II), for a municipality, does not
310310 295exceed a 1/3 mile radius of a commuter rail station;
311311 296 (II) for a municipality that is a city of the first class with a population greater than
312312 297150,000 that is within a county of the first class, with an opportunity zone created pursuant to
313313 298Section 1400Z-1, Internal Revenue Code, does not exceed a 1/2 mile radius of a commuter rail
314314 299station located within the opportunity zone; or
315315 300 (III) for a public transit county, does not exceed a 1/3 mile radius of a public transit
316316 301hub; and
317317 302 (B) has a total area of no more than 125 noncontiguous acres;
318318 303 (ii) subject to Section 63N-3-607, proposes the capture of a maximum of 80% of each
319319 304taxing entity's tax increment above the base year for a term of no more than 25 consecutive
320320 305years on each parcel within a 45-year period not to exceed the tax increment amount approved
321321 306in the housing and transit reinvestment zone proposal; and 01-18-23 3:11 PM H.B. 233
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323323 307 (iii) the commencement of collection of tax increment, for all or a portion of the
324324 308housing and transit reinvestment zone, will be triggered by providing notice as described in
325325 309Subsection (6).
326326 310 (b) A municipality or public transit county may only propose a housing and transit
327327 311reinvestment zone at a light rail station or bus rapid transit station that:
328328 312 (i) subject to Subsection (5):
329329 313 (A) does not exceed:
330330 314 (I) except as provided in Subsection (4)(b)(i)(A)(II) or (III), a 1/4 mile radius of a bus
331331 315rapid transit station or light rail station;
332332 316 (II) for a municipality that is a city of the first class with a population greater than
333333 317150,000 that is within a county of the first class, a 1/2 mile radius of a light rail station located
334334 318in an opportunity zone created pursuant to Section 1400Z-1, Internal Revenue Code; or
335335 319 (III) a 1/2 mile radius of a light rail station located within a master-planned
336336 320development of 500 acres or more; and
337337 321 (B) has a total area of no more than 100 noncontiguous acres;
338338 322 (ii) subject to Subsection (4)(c) and Section 63N-3-607, proposes the capture of a
339339 323maximum of 80% of each taxing entity's tax increment above the base year for a term of no
340340 324more than 15 consecutive years on each parcel within a 30-year period not to exceed the tax
341341 325increment amount approved in the housing and transit reinvestment zone proposal; and
342342 326 (iii) the commencement of collection of tax increment, for all or a portion of the
343343 327housing and transit reinvestment zone, will be triggered by providing notice as described in
344344 328Subsection (6).
345345 329 (c) For a housing and transit reinvestment zone proposed by a public transit county at a
346346 330public transit hub, or for a housing and transit reinvestment zone proposed by a municipality at
347347 331a bus rapid transit station, if the proposed housing density within the housing and transit
348348 332reinvestment zone is between 39 and 49 dwelling units per acre, the maximum capture of each
349349 333taxing entity's tax increment above the base year is 60%.
350350 334 (d) A municipality that is a city of the first class with a population greater than 150,000
351351 335in a county of the first class as described in Subsections (4)(a)(i)(A)(II) and (4)(b)(i)(A)(II) may
352352 336only propose one housing and transit reinvestment zone within an opportunity zone.
353353 337 (5) (a) For a housing and transit reinvestment zone for a commuter rail station, if a H.B. 233 01-18-23 3:11 PM
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355355 338parcel is bisected by the relevant radius limitation, the full parcel may be included as part of the
356356 339housing and transit reinvestment zone area and will not count against the limitations described
357357 340in Subsection (4)(a)(i).
358358 341 (b) For a housing and transit reinvestment zone for a light rail or bus rapid transit
359359 342station, if a parcel is bisected by the relevant radius limitation, the full parcel may be included
360360 343as part of the housing and transit reinvestment zone area and will not count against the
361361 344limitations described in Subsection (4)(b)(i).
362362 345 (6) The notice of commencement of collection of tax increment required in Subsection
363363 346(4)(a)(iii) or (4)(b)(iii) shall be sent by mail or electronically to:
364364 347 (a) the tax commission;
365365 348 (b) the State Board of Education;
366366 349 (c) the state auditor;
367367 350 (d) the auditor of the county in which the housing and transit reinvestment zone is
368368 351located;
369369 352 (e) each taxing entity affected by the collection of tax increment from the housing and
370370 353transit reinvestment zone; and
371371 354 (f) the Governor's Office of Economic Opportunity.
372372 355 (7) (a) The maximum number of housing and transit reinvestment zones at light rail
373373 356stations is eight in any given county.
374374 357 (b) The maximum number of housing and transit reinvestment zones at bus rapid
375375 358transit stations is three in any given county.
376376 359 [(8) (a) This Subsection (8) applies to a specified county, as defined in Section
377377 36017-27a-408, that has created a small public transit district on or before January 1, 2022.]
378378 361 [(b) A county described in Subsection (8)(a) shall, in accordance with Section
379379 36263N-3-604, prepare and submit to the Governor's Office of Economic Opportunity a proposal
380380 363to create a housing and transit reinvestment zone on or before December 31, 2022.]