Section 29-35-202 - DefinitionsAs used in this part 2, unless the context otherwise requires:
(1) "Certified transit-oriented community" means a transit-oriented community that has met the requirements of section 29-35-204 (4).(2) "Exempt parcel" means: (a) Any parcel that a transit-oriented community has applied to the department for qualification as an exempt parcel because the transit-oriented community believes the parcel cannot be developed for reasons including health and safety, topography, or practical limitations and for which the department has approved the transit-oriented community's application according to a process established by policies and procedures developed by the department;(b) A parcel that, as of January 1, 2024, is not served by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5), is served by a well that is not connected to a water distribution system, as defined in section 25-9-102 (6), or is served by a septic tank, as defined in section 25-10-103 (18); (c) Any part of a parcel that, as of January 1, 2024, is located within an unincorporated area as defined in subsection (11)(d)(II) of this section, and is served by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5), that is owned by a municipality;(d) A parcel that, as of January 1, 2024, is in an agricultural, forestry, natural resource preservation, or open space zoning district;(e) A parcel that, as of January 1, 2024, is zoned or used primarily for industrial use, which, for purposes of this subsection (2)(e), means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, mineral or gravel extraction, assembly, warehousing, or storage, and parcels that are identified within the United States environmental protection agency's toxic release inventory;(f) Any part of a parcel that, as of January 1, 2024, is in a floodway or in a one- hundred-year floodplain, as identified by the federal emergency management agency;(g) Any part of a parcel that, as of January 1, 2024, is subject to an easement for a major electric or natural gas facility, as defined in section 29-20-108 (3); (h) A parcel that, as of January 1, 2024, is used as a cemetery, as defined in section 31-25-701 (2); (i) Any part of a parcel that, as of January 1, 2024, is subject to a conservation easement;(j) A parcel or easement that, as of January 1, 2024, is owned by, used as, or operated by an airport;(k) A public or railroad right-of-way that exists as of January 1, 2024;(l) A parcel that, as of January 1, 2024, is used as a mobile home park, as defined in section 38-12-201.5 (6); (m) A parcel that is: (I) Within a transit station area;(II) Separated by a state-owned limited-access highway or railroad track from all exits to the transit station that is used to establish the transit station area referenced in subsection (1)(j)(I) of this section; and(III) Wholly beyond an area that is reachable by a person walking a distance of no more than one-half mile from the transit station referenced in subsection (1)(j)(II) of this section, as designated by the walkshed map published by the department pursuant to section 29-35-207 (1)(b);(n) A parcel that, as of January 1, 2024, is owned by a federal, state, or local government entity;(o) Any part of a parcel that, as of January 1, 2024, includes land that is park and open space, as defined in section 29-7.5-103 (2); (p) A parcel that as of January 1, 2024, is owned by a school district, as defined in section 22-30-103 (13); or(q) Any part of a parcel's zoning capacity where residential use is prevented or limited to less than forty dwelling units per acre by state regulation, federal regulation, or deed restriction pursuant to either:(I) Federal aviation administration restrictions pursuant to 14 CFR part 77 ;(II) An environmental covenant pursuant to sections 25-15-318 to 25-15-323; or(III) Restrictions within a flammable gas overlay zoning district.(3) "Housing opportunity goal" means a goal for the zoning capacity for residential units in a transit-oriented community. A local government shall calculate its housing opportunity goal pursuant to section 29-35-204 (2).(4) "Mixed-use pedestrian-oriented neighborhood" means an area that integrates land use types that include residential and nonresidential uses within a walkable neighborhood.(5) "Neighborhood center" means an area that both meets the requirements of section 29-35-206 and is designated as a neighborhood center by a local government.(6) "Net housing density" means the number of residential units allowed per acre of land on parcels that allow for residential development. In calculating net housing density for an area, a local government shall incorporate any dimensional or other restrictions in local laws used to regulate allowed density in the area, including but not limited to restrictions related to units per acre, lot area per unit, lot coverage, site level open space requirements, floor area ratios, setbacks, minimum parking requirements, and maximum height. Nothing in this subsection (6) means that, in calculating net housing density for an area, a local government shall include an area of an individual parcel required for stormwater drainage or a utility easement.(7) "Optional transit area" means the total area, measured in acres, within a transit-oriented community that is within one-quarter mile of a public bus route or bus rapid transit corridor as identified in the criteria in subsection 29-35-207 (4).(8) "Transit area" means both a transit station area, as defined in subsection (12) of this section, or a transit corridor area, as defined in subsection (10) of this section.(9) "Transit center" means an area that both meets the requirements of section 29-35-205 and is designated as a transit center by a transit-oriented community.(10) "Transit corridor area" means the total area, measured in acres, within a transit-oriented community that is within one-quarter mile of a public bus route as identified in the criteria in section 29-35-207 (3).(11) "Transit-oriented community" means a local government that: (a) Is either entirely or partially within a metropolitan planning organization;(b) Has a population of four thousand or more according to the most recent data from the state demography office;(c) Contains at least seventy-five acres of transit area; and(d) If the local government is a county, contains either:(I) A part of a transit station area that is both in an unincorporated part of the county and within one-half mile of a transit station that serves one or both of a commuter rail or a light rail service; or(II) A part of a transit corridor area that is both in an unincorporated part of the county and fully surrounded by one or more municipalities.(12) "Transit station area" means the total area, measured in acres, within a transit-oriented community that is within one-half mile of a station, as identified in the criteria in section 29-35-207 (2).(13) "Zoning capacity" means the total number of housing units allowed in an area, as limited by the restrictions in local law that regulate density in that area, and as calculated by totaling the net housing density of all parcels within the area.(14) "Zoning capacity buffer" means the ratio of the number of housing units anticipated to be constructed in an area to the zoning capacity of the area.Added by 2024 Ch. 168,§ 1, eff. 5/13/2024.