H.B. 233
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: G. Harb 6
6 01-18-23 3:11 PM 6
H.B. 233
1 COUNTY LAND USE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kera Birkeland
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill modifies provisions relating to county land use and development.
10Highlighted Provisions:
11 This bill:
12 <repeals provisions requiring certain counties to implement plans for creating a
13housing and transit reinvestment zone as a strategy to increase moderate income
14housing; and
15 <makes conforming changes.
16Money Appropriated in this Bill:
17 None
18Other Special Clauses:
19 None
20Utah Code Sections Affected:
21AMENDS:
22 17-27a-403, as last amended by Laws of Utah 2022, Chapters 282, 406
23 63N-3-603, as last amended by Laws of Utah 2022, Chapters 21, 406 and 433
24
25Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 17-27a-403 is amended to read:
27 17-27a-403. Plan preparation.
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28 (1) (a) The planning commission shall provide notice, as provided in Section
2917-27a-203, of the planning commission's intent to make a recommendation to the county
30legislative body for a general plan or a comprehensive general plan amendment when the
31planning commission initiates the process of preparing the planning commission's
32recommendation.
33 (b) The planning commission shall make and recommend to the legislative body a
34proposed general plan for:
35 (i) the unincorporated area within the county; or
36 (ii) if the planning commission is a planning commission for a mountainous planning
37district, the mountainous planning district.
38 (c) (i) The plan may include planning for incorporated areas if, in the planning
39commission's judgment, they are related to the planning of the unincorporated territory or of
40the county as a whole.
41 (ii) Elements of the county plan that address incorporated areas are not an official plan
42or part of a municipal plan for any municipality, unless the county plan is recommended by the
43municipal planning commission and adopted by the governing body of the municipality.
44 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
45and descriptive and explanatory matter, shall include the planning commission's
46recommendations for the following plan elements:
47 (i) a land use element that:
48 (A) designates the long-term goals and the proposed extent, general distribution, and
49location of land for housing for residents of various income levels, business, industry,
50agriculture, recreation, education, public buildings and grounds, open space, and other
51categories of public and private uses of land as appropriate;
52 (B) includes a statement of the projections for and standards of population density and
53building intensity recommended for the various land use categories covered by the plan;
54 (C) is coordinated to integrate the land use element with the water use and preservation
55element; and
56 (D) accounts for the effect of land use categories and land uses on water demand;
57 (ii) a transportation and traffic circulation element that:
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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59and collector streets, public transit, active transportation facilities, and other modes of
60transportation that the planning commission considers appropriate;
61 (B) addresses the county's plan for residential and commercial development around
62major transit investment corridors to maintain and improve the connections between housing,
63employment, education, recreation, and commerce; and
64 (C) correlates with the population projections, the employment projections, and the
65proposed land use element of the general plan;
66 (iii) for a specified county as defined in Section 17-27a-408, a moderate income
67housing element that:
68 (A) provides a realistic opportunity to meet the need for additional moderate income
69housing within the next five years;
70 (B) selects three or more moderate income housing strategies described in Subsection
71(2)(b)(ii) for implementation;
72 (C) includes an implementation plan as provided in Subsection (2)(e);
73 (iv) a resource management plan detailing the findings, objectives, and policies
74required by Subsection 17-27a-401(3); and
75 (v) a water use and preservation element that addresses:
76 (A) the effect of permitted development or patterns of development on water demand
77and water infrastructure;
78 (B) methods of reducing water demand and per capita consumption for future
79development;
80 (C) methods of reducing water demand and per capita consumption for existing
81development; and
82 (D) opportunities for the county to modify the county's operations to eliminate
83practices or conditions that waste water.
84 (b) In drafting the moderate income housing element, the planning commission:
85 (i) shall consider the Legislature's determination that counties should facilitate a
86reasonable opportunity for a variety of housing, including moderate income housing:
87 (A) to meet the needs of people of various income levels living, working, or desiring to
88live or work in the community; and
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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90aspects of neighborhood and community life; and
91 (ii) shall include an analysis of how the county will provide a realistic opportunity for
92the development of moderate income housing within the planning horizon, including a
93recommendation to implement three or more of the following moderate income housing
94strategies:
95 (A) rezone for densities necessary to facilitate the production of moderate income
96housing;
97 (B) demonstrate investment in the rehabilitation or expansion of infrastructure that
98facilitates the construction of moderate income housing;
99 (C) demonstrate investment in the rehabilitation of existing uninhabitable housing
100stock into moderate income housing;
101 (D) identify and utilize county general fund subsidies or other sources of revenue to
102waive construction related fees that are otherwise generally imposed by the county for the
103construction or rehabilitation of moderate income housing;
104 (E) create or allow for, and reduce regulations related to, internal or detached accessory
105dwelling units in residential zones;
106 (F) zone or rezone for higher density or moderate income residential development in
107commercial or mixed-use zones, commercial centers, or employment centers;
108 (G) amend land use regulations to allow for higher density or new moderate income
109residential development in commercial or mixed-use zones near major transit investment
110corridors;
111 (H) amend land use regulations to eliminate or reduce parking requirements for
112residential development where a resident is less likely to rely on the resident's own vehicle,
113such as residential development near major transit investment corridors or senior living
114facilities;
115 (I) amend land use regulations to allow for single room occupancy developments;
116 (J) implement zoning incentives for moderate income units in new developments;
117 (K) preserve existing and new moderate income housing and subsidized units by
118utilizing a landlord incentive program, providing for deed restricted units through a grant
119program, or establishing a housing loss mitigation fund;
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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121 (M) demonstrate creation of, or participation in, a community land trust program for
122moderate income housing;
123 (N) implement a mortgage assistance program for employees of the county, an
124employer that provides contracted services for the county, or any other public employer that
125operates within the county;
126 (O) apply for or partner with an entity that applies for state or federal funds or tax
127incentives to promote the construction of moderate income housing, an entity that applies for
128programs offered by the Utah Housing Corporation within that agency's funding capacity, an
129entity that applies for affordable housing programs administered by the Department of
130Workforce Services, an entity that applies for services provided by a public housing authority
131to preserve and create moderate income housing, or any other entity that applies for programs
132or services that promote the construction or preservation of moderate income housing;
133 (P) demonstrate utilization of a moderate income housing set aside from a community
134reinvestment agency, redevelopment agency, or community development and renewal agency
135to create or subsidize moderate income housing;
136 (Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
137Part 6, Housing and Transit Reinvestment Zone Act;
138 (R) eliminate impact fees for any accessory dwelling unit that is not an internal
139accessory dwelling unit as defined in Section 10-9a-530;
140 (S) create a program to transfer development rights for moderate income housing;
141 (T) ratify a joint acquisition agreement with another local political subdivision for the
142purpose of combining resources to acquire property for moderate income housing;
143 (U) develop a moderate income housing project for residents who are disabled or 55
144years old or older;
145 (V) create or allow for, and reduce regulations related to, multifamily residential
146dwellings compatible in scale and form with detached single-family residential dwellings and
147located in walkable communities within residential or mixed-use zones; and
148 (W) demonstrate implementation of any other program or strategy to address the
149housing needs of residents of the county who earn less than 80% of the area median income,
150including the dedication of a local funding source to moderate income housing or the adoption
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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152residential zone be dedicated to moderate income housing.
153 [(iii) If a specified county, as defined in Section 17-27a-408, has created a small public
154transit district, as defined in Section 17B-2a-802, on or before January 1, 2022, the specified
155county shall include as part of the specified county's recommended strategies under Subsection
156(2)(b)(ii) a recommendation to implement the strategy described in Subsection (2)(b)(ii)(Q).]
157 (c) In drafting the land use element, the planning commission shall:
158 (i) identify and consider each agriculture protection area within the unincorporated area
159of the county or mountainous planning district;
160 (ii) avoid proposing a use of land within an agriculture protection area that is
161inconsistent with or detrimental to the use of the land for agriculture; and
162 (iii) consider and coordinate with any station area plans adopted by municipalities
163located within the county under Section 10-9a-403.1.
164 (d) In drafting the transportation and traffic circulation element, the planning
165commission shall:
166 (i) (A) consider and coordinate with the regional transportation plan developed by the
167county's region's metropolitan planning organization, if the relevant areas of the county are
168within the boundaries of a metropolitan planning organization; or
169 (B) consider and coordinate with the long-range transportation plan developed by the
170Department of Transportation, if the relevant areas of the county are not within the boundaries
171of a metropolitan planning organization; and
172 (ii) consider and coordinate with any station area plans adopted by municipalities
173located within the county under Section 10-9a-403.1.
174 (e) (i) In drafting the implementation plan portion of the moderate income housing
175element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
176timeline for implementing each of the moderate income housing strategies selected by the
177county for implementation.
178 (ii) The timeline described in Subsection (2)(e)(i) shall:
179 (A) identify specific measures and benchmarks for implementing each moderate
180income housing strategy selected by the county; and
181 (B) provide flexibility for the county to make adjustments as needed.
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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183 (i) shall consider applicable regional water conservation goals recommended by the
184Division of Water Resources;
185 (ii) shall include a recommendation for:
186 (A) water conservation policies to be determined by the county; and
187 (B) landscaping options within a public street for current and future development that
188do not require the use of lawn or turf in a parkstrip;
189 (iii) shall review the county's land use ordinances and include a recommendation for
190changes to an ordinance that promotes the inefficient use of water;
191 (iv) shall consider principles of sustainable landscaping, including the:
192 (A) reduction or limitation of the use of lawn or turf;
193 (B) promotion of site-specific landscape design that decreases stormwater runoff or
194runoff of water used for irrigation;
195 (C) preservation and use of healthy trees that have a reasonable water requirement or
196are resistant to dry soil conditions;
197 (D) elimination or regulation of ponds, pools, and other features that promote
198unnecessary water evaporation;
199 (E) reduction of yard waste; and
200 (F) use of an irrigation system, including drip irrigation, best adapted to provide the
201optimal amount of water to the plants being irrigated;
202 (v) may include recommendations for additional water demand reduction strategies,
203including:
204 (A) creating a water budget associated with a particular type of development;
205 (B) adopting new or modified lot size, configuration, and landscaping standards that
206will reduce water demand for new single family development;
207 (C) providing one or more water reduction incentives for existing landscapes and
208irrigation systems and installation of water fixtures or systems that minimize water demand;
209 (D) discouraging incentives for economic development activities that do not adequately
210account for water use or do not include strategies for reducing water demand; and
211 (E) adopting water concurrency standards requiring that adequate water supplies and
212facilities are or will be in place for new development; and
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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214 (A) commercial, industrial, or institutional development;
215 (B) common interest community, as defined in Section 57-25-102; or
216 (C) multifamily housing project.
217 (3) The proposed general plan may include:
218 (a) an environmental element that addresses:
219 (i) to the extent not covered by the county's resource management plan, the protection,
220conservation, development, and use of natural resources, including the quality of:
221 (A) air;
222 (B) forests;
223 (C) soils;
224 (D) rivers;
225 (E) groundwater and other waters;
226 (F) harbors;
227 (G) fisheries;
228 (H) wildlife;
229 (I) minerals; and
230 (J) other natural resources; and
231 (ii) (A) the reclamation of land, flood control, prevention and control of the pollution
232of streams and other waters;
233 (B) the regulation of the use of land on hillsides, stream channels and other
234environmentally sensitive areas;
235 (C) the prevention, control, and correction of the erosion of soils;
236 (D) the preservation and enhancement of watersheds and wetlands; and
237 (E) the mapping of known geologic hazards;
238 (b) a public services and facilities element showing general plans for sewage, water,
239waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
240police and fire protection, and other public services;
241 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
242programs for:
243 (i) historic preservation;
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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24517C-1-102; and
246 (iii) redevelopment of land, including housing sites, business and industrial sites, and
247public building sites;
248 (d) an economic element composed of appropriate studies and forecasts, as well as an
249economic development plan, which may include review of existing and projected county
250revenue and expenditures, revenue sources, identification of basic and secondary industry,
251primary and secondary market areas, employment, and retail sales activity;
252 (e) recommendations for implementing all or any portion of the general plan, including
253the adoption of land and water use ordinances, capital improvement plans, community
254development and promotion, and any other appropriate action;
255 (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
256(3)(a)(i); and
257 (g) any other element the county considers appropriate.
258 Section 2. Section 63N-3-603 is amended to read:
259 63N-3-603. Applicability, requirements, and limitations on a housing and transit
260reinvestment zone.
261 (1) A housing and transit reinvestment zone proposal created under this part shall
262promote the following objectives:
263 (a) higher utilization of public transit;
264 (b) increasing availability of housing, including affordable housing;
265 (c) conservation of water resources through efficient land use;
266 (d) improving air quality by reducing fuel consumption and motor vehicle trips;
267 (e) encouraging transformative mixed-use development and investment in
268transportation and public transit infrastructure in strategic areas;
269 (f) strategic land use and municipal planning in major transit investment corridors as
270described in Subsection 10-9a-403(2);
271 (g) increasing access to employment and educational opportunities; and
272 (h) increasing access to child care.
273 (2) In order to accomplish the objectives described in Subsection (1), a municipality or
274public transit county that initiates the process to create a housing and transit reinvestment zone
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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276zone includes:
277 (a) except as provided in Subsection (3), at least 10% of the proposed dwelling units
278within the housing and transit reinvestment zone are affordable housing units;
279 (b) at least 51% of the developable area within the housing and transit reinvestment
280zone includes residential uses with, except as provided in Subsection (4)(c), an average of 50
281dwelling units per acre or greater;
282 (c) mixed-use development; and
283 (d) a mix of dwelling units to ensure that a reasonable percentage of the dwelling units
284has more than one bedroom.
285 (3) A municipality or public transit county that, at the time the housing and transit
286reinvestment zone proposal is approved by the housing and transit reinvestment zone
287committee, meets the affordable housing guidelines of the United States Department of
288Housing and Urban Development at 60% area median income is exempt from the requirement
289described in Subsection (2)(a).
290 (4) (a) A municipality may only propose a housing and transit reinvestment zone at a
291commuter rail station, and a public transit county may only propose a housing and transit
292reinvestment zone at a public transit hub, that:
293 (i) subject to Subsection (5)(a):
294 (A) (I) except as provided in Subsection (4)(a)(i)(A)(II), for a municipality, does not
295exceed a 1/3 mile radius of a commuter rail station;
296 (II) for a municipality that is a city of the first class with a population greater than
297150,000 that is within a county of the first class, with an opportunity zone created pursuant to
298Section 1400Z-1, Internal Revenue Code, does not exceed a 1/2 mile radius of a commuter rail
299station located within the opportunity zone; or
300 (III) for a public transit county, does not exceed a 1/3 mile radius of a public transit
301hub; and
302 (B) has a total area of no more than 125 noncontiguous acres;
303 (ii) subject to Section 63N-3-607, proposes the capture of a maximum of 80% of each
304taxing entity's tax increment above the base year for a term of no more than 25 consecutive
305years on each parcel within a 45-year period not to exceed the tax increment amount approved
306in the housing and transit reinvestment zone proposal; and 01-18-23 3:11 PM H.B. 233
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307 (iii) the commencement of collection of tax increment, for all or a portion of the
308housing and transit reinvestment zone, will be triggered by providing notice as described in
309Subsection (6).
310 (b) A municipality or public transit county may only propose a housing and transit
311reinvestment zone at a light rail station or bus rapid transit station that:
312 (i) subject to Subsection (5):
313 (A) does not exceed:
314 (I) except as provided in Subsection (4)(b)(i)(A)(II) or (III), a 1/4 mile radius of a bus
315rapid transit station or light rail station;
316 (II) for a municipality that is a city of the first class with a population greater than
317150,000 that is within a county of the first class, a 1/2 mile radius of a light rail station located
318in an opportunity zone created pursuant to Section 1400Z-1, Internal Revenue Code; or
319 (III) a 1/2 mile radius of a light rail station located within a master-planned
320development of 500 acres or more; and
321 (B) has a total area of no more than 100 noncontiguous acres;
322 (ii) subject to Subsection (4)(c) and Section 63N-3-607, proposes the capture of a
323maximum of 80% of each taxing entity's tax increment above the base year for a term of no
324more than 15 consecutive years on each parcel within a 30-year period not to exceed the tax
325increment amount approved in the housing and transit reinvestment zone proposal; and
326 (iii) the commencement of collection of tax increment, for all or a portion of the
327housing and transit reinvestment zone, will be triggered by providing notice as described in
328Subsection (6).
329 (c) For a housing and transit reinvestment zone proposed by a public transit county at a
330public transit hub, or for a housing and transit reinvestment zone proposed by a municipality at
331a bus rapid transit station, if the proposed housing density within the housing and transit
332reinvestment zone is between 39 and 49 dwelling units per acre, the maximum capture of each
333taxing entity's tax increment above the base year is 60%.
334 (d) A municipality that is a city of the first class with a population greater than 150,000
335in a county of the first class as described in Subsections (4)(a)(i)(A)(II) and (4)(b)(i)(A)(II) may
336only propose one housing and transit reinvestment zone within an opportunity zone.
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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338parcel is bisected by the relevant radius limitation, the full parcel may be included as part of the
339housing and transit reinvestment zone area and will not count against the limitations described
340in Subsection (4)(a)(i).
341 (b) For a housing and transit reinvestment zone for a light rail or bus rapid transit
342station, if a parcel is bisected by the relevant radius limitation, the full parcel may be included
343as part of the housing and transit reinvestment zone area and will not count against the
344limitations described in Subsection (4)(b)(i).
345 (6) The notice of commencement of collection of tax increment required in Subsection
346(4)(a)(iii) or (4)(b)(iii) shall be sent by mail or electronically to:
347 (a) the tax commission;
348 (b) the State Board of Education;
349 (c) the state auditor;
350 (d) the auditor of the county in which the housing and transit reinvestment zone is
351located;
352 (e) each taxing entity affected by the collection of tax increment from the housing and
353transit reinvestment zone; and
354 (f) the Governor's Office of Economic Opportunity.
355 (7) (a) The maximum number of housing and transit reinvestment zones at light rail
356stations is eight in any given county.
357 (b) The maximum number of housing and transit reinvestment zones at bus rapid
358transit stations is three in any given county.
359 [(8) (a) This Subsection (8) applies to a specified county, as defined in Section
36017-27a-408, that has created a small public transit district on or before January 1, 2022.]
361 [(b) A county described in Subsection (8)(a) shall, in accordance with Section
36263N-3-604, prepare and submit to the Governor's Office of Economic Opportunity a proposal
363to create a housing and transit reinvestment zone on or before December 31, 2022.]