1. (1) As used in this section:

   1. (a) "Affordable housing" means the same as that term is defined in Section 10-21-401.
   2. (b) "Owner-occupier" means the same as that term is defined in Section 10-21-401.

   3. (c) "Qualifying affordable home ownership single-family density bonus" means:

      1. (i) for an area with an underlying zoning density of less than six residential units per acre, county approval of a density at least six residential units per acre; or
      2. (ii) for an area with an underlying zoning density of six residential units per acre or more, county approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area.

2. (2) If a county approves a qualifying affordable home ownership single-family density bonus, either through a zoning ordinance or a development agreement, the county may adopt requirements for the qualifying affordable home ownership single-family density bonus area to ensure:

   1. (a) at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years;
   2. (b) at least 25% of the total single-family residential units qualify as affordable housing;
   3. (c) at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; or
   4. (d) the applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the county, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
3. (3) A county may offer additional incentives in a qualifying affordable home ownership single-family density bonus area approved for single-family residential units to promote owner-occupied, affordable housing.

Renumbered and Amended by Chapter 14, 2025 Special Session 1