CO
Colorado House Bill HB1152

Colorado 2024 Regular Session

Colorado House Bill HB1152 Compare Versions

OldNewDifferences
1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0454.03 Pierce Lively x2059
18 HOUSE BILL 24-1152
2-BY REPRESENTATIVE(S) Amabile and Weinberg, Bacon, Boesenecker,
3-Epps, Froelich, Garcia, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
4-McCormick, Ortiz, Ricks, Rutinel, Sirota, Story, Valdez, Vigil, Willford,
5-Woodrow, McCluskie, English, Herod, Martinez, McLachlan, Parenti,
6-Weissman;
7-also SENATOR(S) Mullica and Exum, Cutter, Hinrichsen, Priola, Roberts,
8-Winter F.
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Local Government & Housing
11+Appropriations Appropriations
12+A BILL FOR AN ACT
913 C
10-ONCERNING INCREASING THE NUMBER OF ACCESSORY DWELLING UNITS ,
11-AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
12-Be it enacted by the General Assembly of the State of Colorado:
13-SECTION 1. In Colorado Revised Statutes, add article 35 to title
14-29 as follows:
15-ARTICLE 35
16-State Land Use Criteria For Strategic Growth
17-PART 1
18-ACCESSORY DWELLING UNITS
14+ONCERNING INCREASING THE NUMBER OF ACCESSORY DWELLING101
15+UNITS, AND, IN CONNECTION THEREWITH, MAKING AN102
16+APPROPRIATION.103
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+Section 1 of the bill creates a series of requirements related to
25+accessory dwelling units. The bill establishes unique requirements for
26+subject jurisdictions and for qualifying as an accessory dwelling unit
27+supportive jurisdiction (supportive jurisdiction).
28+As established in the bill, a subject jurisdiction is either:
29+SENATE
30+Amended 3rd Reading
31+May 6, 2024
32+SENATE
33+Amended 2nd Reading
34+May 4, 2024
35+HOUSE
36+3rd Reading Unamended
37+April 14, 2024
38+HOUSE
39+Amended 2nd Reading
40+April 12, 2024
41+HOUSE SPONSORSHIP
42+Amabile and Weinberg, Bacon, Boesenecker, Epps, Froelich, Garcia, Jodeh, Kipp,
43+Lindsay, Lindstedt, Mabrey, McCluskie, McCormick, Ortiz, Ricks, Rutinel, Sirota, Story,
44+Valdez, Vigil, Willford, Woodrow
45+SENATE SPONSORSHIP
46+Mullica and Exum, Cutter, Hinrichsen, Priola, Roberts, Winter F.
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. ! A municipality that has a population of 1,000 or more and
50+that is within the area of a metropolitan planning
51+organization; or
52+! The portion of a county that is both within a census
53+designated place with a population of ten thousand or more,
54+as reported in the most recent decennial census, and within
55+the area of a metropolitan planning organization.
56+The bill requires a subject jurisdiction to allow, subject to an
57+administrative approval process, one accessory dwelling unit as an
58+accessory use to a single-unit detached dwelling in any part of the subject
59+jurisdiction where the subject jurisdiction allows single-unit detached
60+dwellings. The bill also prohibits subject jurisdictions from enacting or
61+enforcing certain local laws that would restrict the construction or
62+conversion of an accessory dwelling unit.
63+In order to qualify as a supportive jurisdiction, a jurisdiction must
64+submit a report to the division of local government in the department of
65+local affairs (the division) demonstrating that the jurisdiction:
66+! Has complied with the accessory dwelling unit
67+requirements the bill imposes on subject jurisdictions; and
68+! Has implemented one or more strategies to encourage and
69+facilitate the construction or conversion of accessory
70+dwelling units.
71+Section 1 also creates the accessory dwelling unit fee reduction
72+and encouragement grant program within the division. The purpose of
73+this grant program is for the division to provide grants to supportive
74+jurisdictions for offsetting costs incurred in connection with developing
75+pre-approved accessory dwelling unit plans, providing technical
76+assistance to persons converting or constructing accessory dwelling units,
77+or waiving or reducing accessory dwelling unit associated fees and other
78+required costs.
79+Section 2 grants the Colorado economic development commission
80+the power to expend $8 million to contract with the Colorado housing and
81+finance authority to operate and establish the following programs to
82+benefit the residents of supportive jurisdictions:
83+! An accessory dwelling unit loss reserve program that offers
84+affordable loans for the construction or conversion of
85+accessory dwelling units;
86+! A program that allows for the buying down of interest rates
87+on loans made in connection with the construction or
88+conversion of accessory dwelling units;
89+! A program that offers down payment assistance in
90+connection with accessory dwelling units; and
91+! A program through which the Colorado housing and
92+finance authority offers direct loans in connection with the
93+construction or conversion of accessory dwelling units.
94+1152
95+-2- Section 3 prohibits a planned unit development resolution or
96+ordinance for a planned unit development from restricting the permitting
97+of an accessory dwelling unit more than the local law that applies to
98+accessory dwelling units outside of the planned unit development.
99+Section 4 states that any prohibition on accessory dwelling units
100+or the implementation of restrictive design or dimension standards by a
101+unit owners' association in a supportive jurisdiction is void as a matter of
102+public policy.
103+Be it enacted by the General Assembly of the State of Colorado:1
104+SECTION 1. In Colorado Revised Statutes, add article 35 to title2
105+29 as follows:3
106+ARTICLE 354
107+State Land Use Criteria For
108+Strategic Growth5
109+PART 16
110+ACCESSORY DWELLING UNITS7
19111 29-35-101. Legislative declaration. (1) (a) T
20-HE GENERAL
21-ASSEMBLY HEREBY FINDS
22-, DETERMINES, AND DECLARES THAT:
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (I) ACCESSORY DWELLING UNITS OFFER A WAY TO PROVIDE
31-COMPACT
32-, RELATIVELY AFFORDABLE HOUSING IN ESTABLISHED
33-NEIGHBORHOODS WITH MINIMAL IMPACTS TO INFRASTRUCTURE AND TO
34-SUPPLY NEW HOUSING OPPORTUNITIES WITHOUT ADDED DISPERSED
35-LOW
36--DENSITY HOUSING;
112+HE GENERAL8
113+ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:9
114+(I) A
115+CCESSORY DWELLING UNITS OFFER A WAY TO PROVIDE10
116+COMPACT, RELATIVELY AFFORDABLE HOUSING IN ESTABLISHED11
117+NEIGHBORHOODS WITH MINIMAL IMPACTS TO INFRASTRUCTURE AND TO12
118+SUPPLY NEW HOUSING OPPORTUNITIES WITHOUT ADDED DISPERSED13
119+LOW-DENSITY HOUSING;14
37120 (II) A
38-CCESSORY DWELLING UNITS GENERATE RENTAL INCOME TO
39-HELP HOMEOWNERS COVER MORTGAGE PAYMENTS OR OTHER COSTS
40-, WHICH
41-CAN BE IMPORTANT FOR A VARIETY OF RESIDENTS
42-, SUCH AS OLDER
43-HOMEOWNERS ON FIXED INCOMES AND LOW
44-- AND MODERATE-INCOME
45-HOMEOWNERS
46-;
121+CCESSORY DWELLING UNITS GENERATE RENTAL INCOME TO15
122+HELP HOMEOWNERS COVER MORTGAGE PAYMENTS OR OTHER COSTS ,16
123+WHICH CAN BE IMPORTANT FOR A VARIETY OF RESIDENTS , SUCH AS OLDER17
124+HOMEOWNERS ON FIXED INCOMES AND LOW - AND MODERATE-INCOME18
125+HOMEOWNERS;19
47126 (III) A
48-CCESSORY DWELLING UNITS PROVIDE FAMILIES WITH OPTIONS
49-FOR INTERGENERATIONAL LIVING ARRANGEMENTS THAT ENABLE CHILD OR
50-ELDER CARE AND AGING IN PLACE
51-, AND A 2021 SURVEY BY THE AARP
52-FOUND THAT APPROXIMATELY SEVENTY -FIVE PERCENT OF PEOPLE FIFTY
53-YEARS OF AGE OR OLDER WANT TO STAY IN THEIR HOMES OR COMMUNITIES
54-FOR AS LONG AS THEY CAN
55-. ACCORDING TO A 2018 STUDY BY THE CENTER
56-FOR
57-AMERICAN PROGRESS, FIFTY-ONE PERCENT OF COLORADANS LIVE IN A
58-CHILD CARE DESERT
59--A COMMUNITY WHERE THERE ARE NO CHILD CARE
60-PROVIDERS OR SO FEW OPTIONS THAT THERE ARE MORE THAN THREE TIMES
61-AS MANY CHILDREN AS THERE ARE LICENSED CHILD CARE SLOTS
62-. THESE
63-CHILD CARE DESERTS ARE SITUATED WITHIN RURAL
64-, SUBURBAN, AND URBAN
65-COMMUNITIES AND ARE A MAJOR REASON FOR WORKING PARENTS TO LEAVE
66-THE WORKFORCE
67-.
127+CCESSORY DWELLING UNITS PROVIDE FAMILIES WITH20
128+OPTIONS FOR INTERGENERATIONAL LIVING ARRANGEMENTS THAT ENABLE21
129+1152-3- CHILD OR ELDER CARE AND AGING IN PLACE, AND A 2021 SURVEY BY THE1
130+AARP
131+ FOUND THAT APPROXIMATELY SEVENTY -FIVE PERCENT OF PEOPLE2
132+FIFTY YEARS OF AGE OR OLDER WANT TO STAY IN THEIR HOMES OR3
133+COMMUNITIES FOR AS LONG AS THEY CAN . ACCORDING TO A 2018 STUDY4
134+BY THE CENTER FOR AMERICAN PROGRESS, FIFTY-ONE PERCENT OF5
135+C
136+OLORADANS LIVE IN A CHILD CARE DESERT-A COMMUNITY WHERE THERE6
137+ARE NO CHILD CARE PROVIDERS OR SO FEW OPTIONS THAT THERE ARE7
138+MORE THAN THREE TIMES AS M ANY CHILDREN AS THERE ARE LICENSED8
139+CHILD CARE SLOTS. THESE CHILD CARE DESERTS ARE SITUATED WITHIN9
140+RURAL, SUBURBAN, AND URBAN COMMUNITIES AND ARE A MAJOR REASON10
141+FOR WORKING PARENTS TO LEAVE THE WORKFORCE .11
68142 (IV) A
69-CCESSORY DWELLING UNITS ARE OFTEN OCCUPIED AT LOW TO
70-NO RENT BY FAMILY MEMBERS
71-, AND IF THEY ARE RENTED PRIVATELY, THEIR
72-RENTS ARE RELATIVELY AFFORDABLE BECAUSE OF THEIR SMALL SIZE
73-;
143+CCESSORY DWELLING UNITS ARE OFTEN OCCUPIED AT LOW12
144+TO NO RENT BY FAMILY MEMBERS , AND IF THEY ARE RENTED PRIVATELY,13
145+THEIR RENTS ARE RELATIVELY AFFORDABLE BECAUSE OF THEIR SMALL14
146+SIZE;15
74147 (V) A
75-S COLORADO'S POPULATION AGES AND TYPICAL HOUSEHOLD
76-SIZE CONTINUES TO DECREASE
77-, ACCESSORY DWELLING UNITS OFFER MORE
78-COMPACT HOUSING OPTIONS THAT ALIGN WITH THE STATE
79-'S CHANGING
80-DEMOGRAPHICS
81-, AND COLORADANS OVER SIXTY -FIVE YEARS OF AGE ARE
82-THE FASTEST
83--GROWING AGE COHORT IN COLORADO ACCORDING TO THE
84-STATE DEMOGRAPHY OFFICE
85-;
148+S COLORADO'S POPULATION AGES AND TYPICAL HOUSEHOLD16
149+SIZE CONTINUES TO DECREASE, ACCESSORY DWELLING UNITS OFFER MORE17
150+COMPACT HOUSING OPTIONS THAT ALIGN WITH THE STATE 'S CHANGING18
151+DEMOGRAPHICS, AND COLORADANS OVER SIXTY-FIVE YEARS OF AGE ARE19
152+THE FASTEST-GROWING AGE COHORT IN COLORADO ACCORDING TO THE20
153+STATE DEMOGRAPHY OFFICE ;21
86154 (VI) A
87-CCESSORY DWELLING UNITS ENABLE SENIORS TO DOWNSIZE ,
88-MOVE INTO ACCESSIBLE UNITS, OR LIVE WITH FAMILY OR A CAREGIVER WHILE
89-PAGE 2-HOUSE BILL 24-1152 REMAINING IN THEIR COMMUNITIES . A 2018 AARP SURVEY FOUND THAT
90-SIXTY
91--SEVEN PERCENT OF ADULTS WOULD CONSIDER LIVING IN AN
92-ACCESSORY DWELLING UNIT TO BE CLOSE TO SOMEONE BUT STILL HAVE A
93-SEPARATE SPACE
94-. MOST SENIORS DO NOT LIVE IN HOMES THAT ARE
95-ACCESSIBLE
96-, EVEN THOUGH DISABILITY IS PREVALENT AMONG THE SENIOR
97-POPULATION AND INCREASES WITH AGE
98-. LESS THAN FOUR PERCENT OF
99-EXISTING HOUSING UNITS IN THE
100-UNITED STATES ARE ESTIMATED TO BE
101-LIVABLE FOR PEOPLE WITH MODERATE MOBILITY DIFFICULTIES
102-, ACCORDING
103-TO
104-"HOUSING FOR AN AGING POPULATION" IN THE JOURNAL HOUSING
105-POLICY DEBATE.
155+CCESSORY DWELLING UNITS ENABLE SENIORS TO DOWNSIZE ,22
156+MOVE INTO ACCESSIBLE UNITS, OR LIVE WITH FAMILY OR A CAREGIVER23
157+WHILE REMAINING IN THEIR COMMUNITIES . A 2018 AARP SURVEY FOUND24
158+THAT SIXTY-SEVEN PERCENT OF ADULTS WOULD CONSIDER LIVING IN AN25
159+ACCESSORY DWELLING UNIT TO BE CLOSE TO SOMEONE BUT STILL HAVE A26
160+SEPARATE SPACE. MOST SENIORS DO NOT LIVE IN HOMES THAT ARE27
161+1152
162+-4- ACCESSIBLE, EVEN THOUGH DISABILITY IS PREVALENT AMONG THE SENIOR1
163+POPULATION AND INCREASES WITH AGE . LESS THAN FOUR PERCENT OF2
164+EXISTING HOUSING UNITS IN THE UNITED STATES ARE ESTIMATED TO BE3
165+LIVABLE FOR PEOPLE WITH MODERATE MOBILITY DIFFICULTIES ,4
166+ACCORDING TO "HOUSING FOR AN AGING POPULATION" IN THE JOURNAL5
167+H
168+OUSING POLICY DEBATE.6
106169 (VII) R
107-ELATIVE TO DISPERSED, LOW-DENSITY DEVELOPMENT ,
108-COMPACT INFILL DEVELOPMENT , INCLUDING ACCESSORY DWELLING UNIT
109-DEVELOPMENT
110-, REDUCES WATER USE , GREENHOUSE GAS EMISSIONS ,
111-INFRASTRUCTURE COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION
112-COSTS
113-;
170+ELATIVE TO DISPERSED, LOW-DENSITY DEVELOPMENT ,7
171+COMPACT INFILL DEVELOPMENT , INCLUDING ACCESSORY DWELLING UNIT8
172+DEVELOPMENT, REDUCES WATER USE , GREENHOUSE GAS EMISSIONS ,9
173+INFRASTRUCTURE COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION10
174+COSTS;11
114175 (VIII) A
115-CCESSORY DWELLING UNITS USE SIGNIFICANTLY LESS
116-ENERGY FOR HEATING AND COOLING THAN SINGLE
117--UNIT DETACHED
118-DWELLINGS BECAUSE OF THEIR SMALLER SIZE
119-, WHICH REDUCES HOUSEHOLD
120-ENERGY COSTS AND GREE NHOUSE GAS EMISSIONS
121-. ACCESSORY DWELLING
122-UNITS CAN REDUCE LIFETIME CARBON DIOXIDE EMISSIONS BY FORTY
123-PERCENT COMPARED TO MEDIUM
124--SIZED SINGLE-FAMILY HOMES, ACCORDING
125-TO A REPORT FROM THE
126-OREGON DEPARTMENT OF ENVIRONMENTAL
127-QUALITY
128-. REDUCING EMISSIONS FROM THE HOUSING SECTOR IS CRITICAL FOR
129-MEETING THE STATE
130-'S GREENHOUSE GAS EMISSIONS TARGETS ESTABLISHED
131-IN SECTION
132-25-7-102. ACCORDING TO "THE CARBON FOOTPRINT OF
133-HOUSEHOLD ENERGY USE IN THE UNITED STATES" IN THE PROCEEDINGS OF
134-THE
135-NATIONAL ACADEMY OF SCIENCES, REDUCING FLOOR SPACE PER CAPITA
136-IS A CRITICAL STRATEGY TO REACHING MID
137--CENTURY CLIMATE GOALS.
176+CCESSORY DWELLING UNITS USE SIGNIFICANTLY LESS12
177+ENERGY FOR HEATING AND COOLING THAN SINGLE -UNIT DETACHED13
178+DWELLINGS BECAUSE OF THEIR SMALLER SIZE , WHICH REDUCES14
179+HOUSEHOLD ENERGY COSTS AND GREENHOUSE GAS EMISSIONS .15
180+A
181+CCESSORY DWELLING UNITS CAN REDUCE LIFETIME CARBON DIOXIDE16
182+EMISSIONS BY FORTY PERCENT COMPARED TO MEDIUM -SIZED17
183+SINGLE-FAMILY HOMES, ACCORDING TO A REPORT FROM THE OREGON18
184+DEPARTMENT OF ENVIRONMENTAL QUALITY . REDUCING EMISSIONS FROM19
185+THE HOUSING SECTOR IS CRITICAL FOR MEETING THE STATE 'S GREENHOUSE20
186+GAS EMISSIONS TARGETS ESTABLISHED IN SECTION 25-7-102. ACCORDING21
187+TO "THE CARBON FOOTPRINT OF HOUSEHOLD ENERGY USE IN THE UNITED22
188+S
189+TATES" IN THE PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES,23
190+REDUCING FLOOR SPACE PER CAPITA IS A CRITICAL STRATEGY TO24
191+REACHING MID-CENTURY CLIMATE GOALS.25
138192 (IX) C
139-OMPACT INFILL DEVELOPMENT REDUCES WATER DEMAND AND
140-INFRASTRUCTURE COSTS BY USING LESS PIPING
141-, WHICH REDUCES WATER
142-LOSS
143-; INCLUDES LESS LANDSCAPED SPACE PER UNIT; AND MAKES BETTER USE
144-OF EXISTING INFRASTRUCTURE
145-.
193+OMPACT INFILL DEVELOPMENT REDUCES WATER DEMAND26
194+AND INFRASTRUCTURE COSTS BY USING LESS PIPING , WHICH REDUCES27
195+1152
196+-5- WATER LOSS; INCLUDES LESS LANDSCAPED SPACE PER UNIT ; AND MAKES1
197+BETTER USE OF EXISTING INFRASTRUCTURE .2
146198 (X) A
147-CCESSORY DWELLING UNITS REDUCE GOVERNMENT CAPITAL
148-AND MAINTENANCE COSTS FOR INFRASTRUCTURE SINCE ACCESSORY
149-DWELLING UNITS ARE BUILT IN EXISTING NEIGHBORHOODS AND HAVE A
150-RELATIVELY SMALL IMPACT ON EXISTING INFRASTRUCTURE
151-. NATIONAL
152-PAGE 3-HOUSE BILL 24-1152 STUDIES SUCH AS "RELATIONSHIPS BETWEEN DENSITY AND PER CAPITA
153-MUNICIPAL SPENDING IN THE UNITED STATES", PUBLISHED IN URBAN
154-SCIENCE, HAVE FOUND THAT LOWER DENSITY COMMUNITIES HAVE HIGHER
155-GOVERNMENT CAPITAL AND MAINTENANCE COSTS FOR WATER
156-, SEWER, AND
157-TRANSPORTATION INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX
158-REVENUE
159-. THESE INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND
160-LOCAL GOVERNMENTS
161-.
199+CCESSORY DWELLING UNITS REDUCE GOVERNMENT CAPITAL3
200+AND MAINTENANCE COSTS FOR INFRASTRUCTURE SINCE ACCESSORY4
201+DWELLING UNITS ARE BUILT IN EXISTING NEIGHBORHOODS AND HAVE A5
202+RELATIVELY SMALL IMPACT ON EXISTING INFRASTRUCTURE . NATIONAL6
203+STUDIES SUCH AS "RELATIONSHIPS BETWEEN DENSITY AND PER CAPITA7
204+M
205+UNICIPAL SPENDING IN THE UNITED STATES", PUBLISHED IN URBAN8
206+S
207+CIENCE, HAVE FOUND THAT LOWER DENSITY COMMUNITIES HAVE HIGHER9
208+GOVERNMENT CAPITAL AND MAINTENANCE COSTS FOR WATER , SEWER,10
209+AND TRANSPORTATION INFRASTRUCTURE AND LOWER PROPERTY AND11
210+SALES TAX REVENUE. THESE INCREASED COSTS ARE OFTEN BORNE BY12
211+BOTH STATE AND LOCAL GOVERNMENTS .13
162212 (XI) A
163- NUMBER OF LOCAL LAND USE LAWS PROHIBIT HOMEOWNERS
164-FROM BUILDING AN ACCESSORY DWELLING UNIT
165-, OR APPLY REGULATIONS TO
166-ACCESSORY DWELLING UNITS THAT SIGNIFICANTLY LIMIT THEIR
167-CONSTRUCTION
168-;
213+ NUMBER OF LOCAL LAND USE LAWS PROHIBIT HOMEOWNERS14
214+FROM BUILDING AN ACCESSORY DWELLING UNIT , OR APPLY REGULATIONS15
215+TO ACCESSORY DWELLING UNITS THAT SIGNIFICANTLY LIMIT THEIR16
216+CONSTRUCTION;17
169217 (XII) A
170- NUMBER OF MUNICIPALITIES HAVE REMOVED BARRIERS TO
171-ACCESSORY DWELLING UNIT CONSTRUCTION SUCH AS PARKING
172-REQUIREMENTS
173-, OWNER OCCUPANCY REQUIREMENTS , AND RESTRICTIVE SIZE
174-AND DESIGN LIMITATIONS
175-, WHICH HAS RESULTED IN ACCESSORY DWELLING
176-UNIT PERMITS INCREASING TO TEN TO TWENTY PERCENT OF TOTAL NEW
177-HOUSING PERMITS AND AN OVERALL INCREASE IN THE TOTAL HOUSING
178-SUPPLY
179-. SINCE CALIFORNIA IMPLEMENTED VARIOUS REFORMS TO
180-ENCOURAGE ACCESSORY DWELLING UNIT CONSTRUCTION
181-, INCLUDING
182-REQUIRING CITIES TO ALLOW ACCESSORY DWELLING UNITS AS A USE BY
183-RIGHT
184-, PREVENTING THE IMPOSITION OF PARKING REQUIREMENTS , AND
185-PREVENTING OWNER OCCUPANCY REQUIREMENTS
186-, ACCESSORY DWELLING
187-UNIT CONSTRUCTION HAS INCREASED SIGNIFICANTLY IN
188-CALIFORNIA.
218+ NUMBER OF MUNICIPALITIES HAVE REMOVED BARRIERS TO18
219+ACCESSORY DWELLING UNIT CONSTRUCTION SUCH AS PARKING19
220+REQUIREMENTS, OWNER OCCUPANCY REQUIREMENTS , AND RESTRICTIVE20
221+SIZE AND DESIGN LIMITATIONS, WHICH HAS RESULTED IN ACCESSORY21
222+DWELLING UNIT PERMITS INCREASING TO TEN TO TWENTY PERCENT OF22
223+TOTAL NEW HOUSING PERMITS AND AN OVERALL INCREASE IN THE TOTAL23
224+HOUSING SUPPLY. SINCE CALIFORNIA IMPLEMENTED VARIOUS REFORMS TO24
225+ENCOURAGE ACCESSORY DWELLING UNIT CONSTRUCTION , INCLUDING25
226+REQUIRING CITIES TO ALLOW ACCESSORY DWELLING UNITS AS A USE BY26
227+RIGHT, PREVENTING THE IMPOSITION OF PARKING REQUIREMENTS , AND27
228+1152
229+-6- PREVENTING OWNER OCCUPANCY REQUIREMENTS , ACCESSORY DWELLING1
230+UNIT CONSTRUCTION HAS INCREASED SIGNIFICANTLY IN CALIFORNIA.2
189231 F
190-OLLOWING REFORMS TO CALIFORNIA'S ACCESSORY DWELLING UNIT LAW IN
191-2016, ACCESSORY DWELLING UNIT DEVELOPMENT HAS INCREASED RAPIDLY
192-FROM AROUND ONE THOUSAND ACCESSORY DWELLING UNITS PERMITTED IN
193-2016 TO OVER TWENTY-FOUR THOUSAND IN 2022, OR ABOUT TWENTY
194-PERCENT OF NEW HOUSING PERMITS STATEWIDE
195-, ACCORDING TO DATA FROM
196-THE
197-CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
198-DEVELOPMENT AND ANALYSIS BY THE BIPARTISAN POLICY CENTER.
232+OLLOWING REFORMS TO CALIFORNIA'S ACCESSORY DWELLING UNIT LAW3
233+IN 2016, ACCESSORY DWELLING UNIT DEVELOPMENT HAS INCREASED4
234+RAPIDLY FROM AROUND ONE THOUSAND ACCESSORY DWELLING UNITS5
235+PERMITTED IN 2016 TO OVER TWENTY-FOUR THOUSAND IN 2022, OR ABOUT6
236+TWENTY PERCENT OF NEW HOUSING PERMITS STATEWIDE , ACCORDING TO7
237+DATA FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY8
238+D
239+EVELOPMENT AND ANALYSIS BY THE BIPARTISAN POLICY CENTER.9
199240 (XIII) H
200-OUSING SUPPLY IMPACTS HOUSING AFFORDABILITY , AND
201-HOUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING SUPPLY IS
202-RESTRICTED BY LOCAL LAND USE REGULATIONS IN A METROPOLITAN REGION
203-,
204-ACCORDING TO THE NATIONAL BUREAU OF ECONOMIC RESEARCH IN
205-WORKING PAPERS SUCH AS
206-"REGULATION AND HOUSING SUPPLY", "THE
207-IMPACT OF ZONING ON HOUSING AFFORDABILITY", AND "THE IMPACT OF
208-LOCAL RESIDENTIAL LAND USE RESTRICTIONS ON LAND VALUES ACROSS
209-PAGE 4-HOUSE BILL 24-1152 AND WITHIN SINGLE FAMILY HOUSING MARKETS";
241+OUSING SUPPLY IMPACTS HOUSING AFFORDABILITY , AND10
242+HOUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING SUPPLY IS11
243+RESTRICTED BY LOCAL LAND USE REGULATIONS IN A METROPOLITAN12
244+REGION, ACCORDING TO THE NATIONAL BUREAU OF ECONOMIC RESEARCH13
245+IN WORKING PAPERS SUCH AS "REGULATION AND HOUSING SUPPLY", "THE14
246+I
247+MPACT OF ZONING ON HOUSING AFFORDABILITY", AND "THE IMPACT OF15
248+L
249+OCAL RESIDENTIAL LAND USE RESTRICTIONS ON LAND VALUES ACROSS16
250+AND WITHIN SINGLE FAMILY HOUSING MARKETS";17
210251 (XIV) I
211-NCREASING HOUSING SUPPLY MODERATES PRICE INCREASES
212-AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL INCOMES
213-, ACCORDING
214-TO STUDIES SUCH AS
215-"THE ECONOMIC IMPLICATIONS OF HOUSING SUPPLY"
216-IN THE JOURNAL OF ECONOMIC PERSPECTIVES AND "SUPPLY SKEPTICISM:
252+NCREASING HOUSING SUPPLY MODERATES PRICE INCREASES18
253+AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL INCOMES ,19
254+ACCORDING TO STUDIES SUCH AS "THE ECONOMIC IMPLICATIONS OF20
217255 H
218-OUSING SUPPLY AND AFFORDABILITY" IN THE JOURNAL HOUSING POLICY
219-DEBATE;
256+OUSING SUPPLY" IN THE JOURNAL OF ECONOMIC PERSPECTIVES AND21
257+"S
258+UPPLY SKEPTICISM: HOUSING SUPPLY AND AFFORDABILITY" IN THE22
259+JOURNAL HOUSING POLICY DEBATE;23
220260 (XV) A
221-CADEMIC RESEARCH SUCH AS "THE IMPACT OF BUILDING
222-RESTRICTIONS ON HOUSING AFFORDABILITY" IN THE FEDERAL RESERVE
223-BANK OF NEW YORK ECONOMIC POLICY REVIEW HAS IDENTIFIED ZONING
224-AND OTHER LAND USE CONTROLS AS A PRIMARY DRIVER OF RISING HOUSING
225-COSTS IN THE MOST EXPENSIVE HOUSING MARKETS
226-;
261+CADEMIC RESEARCH SUCH AS "THE IMPACT OF BUILDING24
262+R
263+ESTRICTIONS ON HOUSING AFFORDABILITY" IN THE FEDERAL RESERVE25
264+B
265+ANK OF NEW YORK ECONOMIC POLICY REVIEW HAS IDENTIFIED ZONING26
266+AND OTHER LAND USE CONTROLS AS A PRIMARY DRIVER OF RISING27
267+1152
268+-7- HOUSING COSTS IN THE MOST EXPENSIVE HOUSING MARKETS ;1
227269 (XVI) A
228-CCESSORY DWELLING UNITS OFFER AFFORDABLE AND
229-ATTAINABLE OPTIONS TO LIVE IN HIGH
230--OPPORTUNITY NEIGHBORHOODS ,
231-WHICH CAN HELP IMPROVE EQUITY OUTCOMES REGIONALLY AND STATEWIDE .
270+CCESSORY DWELLING UNITS OFFER AFFORDABLE AND2
271+ATTAINABLE OPTIONS TO LIVE IN HIGH-OPPORTUNITY NEIGHBORHOODS ,3
272+WHICH CAN HELP IMPROVE EQUITY OUTCOMES REGIONALLY AND4
273+STATEWIDE. AN ANALYSIS OF ACCESSORY DWELLING UNIT PERMITTING IN5
274+C
275+ALIFORNIA FOUND THAT ACCESSORY DWELLING UNITS ARE TYPICALLY6
276+PERMITTED ON PARCELS WITH RELATIVELY GOOD ACCESS TO JOBS7
277+COMPARED TO SURROUNDING AREAS , ACCORDING TO "WHERE WILL8
232278 A
233-N ANALYSIS OF ACCESSORY DWELLING UNIT PERMITTING IN CALIFORNIA
234-FOUND THAT ACCESSORY DWELLING UNITS ARE TYPICALLY PERMITTED ON
235-PARCELS WITH RELATIVELY GOOD ACCESS TO JOBS COMPARED TO
236-SURROUNDING AREAS
237-, ACCORDING TO "WHERE WILL ACCESSORY DWELLING
238-UNITS SPROUT UP WHEN A STATE LETS THEM GROW? EVIDENCE FROM
239-CALIFORNIA" IN CITYSCAPE: A JOURNAL OF POLICY DEVELOPMENT AND
240-RESEARCH.
279+CCESSORY DWELLING UNITS SPROUT UP WHEN A STATE LETS THEM9
280+G
281+ROW? EVIDENCE FROM CALIFORNIA" IN CITYSCAPE: A JOURNAL OF10
282+P
283+OLICY DEVELOPMENT AND RESEARCH.11
241284 (XVII) L
242-OCAL GOVERNMENT REGULATION OF ACCESSORY DWELLING
243-UNITS VARIES SIGNIFICANTLY WITHIN REGIONS AND STATEWIDE IN
244-COLORADO IN TERMS OF WHERE THEY ARE ALLOWED , THE DIMENSIONAL AND
245-DESIGN RESTRICTIONS APPLIED
246-, AND OTHER REQUIREMENTS . THIS
247-INCONSISTENCY INHIBITS THE DEVELOPMENT OF A ROBUST MARKET OF
248-ACCESSORY DWELLING UNIT DEVELOPERS
249-, MODULAR ACCESSORY DWELLING
250-UNIT DESIGNS
251-, AND ASSOCIATED COST REDUCTIONS . COLORADO IS SIMILAR
252-TO MOST STATES IN THIS REGARD
253-, AND, ACCORDING TO "ZONING BY A
254-THOUSAND CUTS" IN THE PEPPERDINE LAW REVIEW, WHICH ANALYZED
255-ACCESSORY DWELLING UNIT REGULATIONS ACROSS
256-CONNECTICUT, "THE
257-HIGH DEGREE OF REGULATORY VARIATION THWARTS THE DEVELOPMENT OF
258-PROTOTYPE DESIGNS OR PREFABRICATED
259-[ACCESSORY DWELLING UNITS ]
260-THAT COULD SATISFY DIFFERENT RULES ACROSS JURISDICTIONS ".
261-PAGE 5-HOUSE BILL 24-1152 (XVIII) MORE PERMISSIVE REGULATION BY LOCAL GOVERNMENTS
262-OF ACCESSORY DWELLING UNITS PROVIDES A REASONABLE C HANCE FOR
263-HOMEOWNERS TO CONSTRUCT OR CONVERT AN ACCESSORY DWELLING UNIT
264-AND THEREBY INCREASE HOUSING SUPPLY
265-, STABILIZE HOUSING COSTS, AND
266-CONTRIBUTE TO AFFORDABLE AND EQUITABLE HOME OWNERSHIP TO
267-ADEQUATELY MEET THE HOUSING NEEDS OF A GROWING
268-COLORADO
269-POPULATION
270-.
285+OCAL GOVERNMENT REGULATION OF ACCESSORY12
286+DWELLING UNITS VARIES SIGNIFICANTLY WITHIN REGIONS AND STATEWIDE13
287+IN COLORADO IN TERMS OF WHERE THEY ARE ALLOWED , THE DIMENSIONAL14
288+AND DESIGN RESTRICTIONS APPLIED , AND OTHER REQUIREMENTS . THIS15
289+INCONSISTENCY INHIBITS THE DEVELOPMENT OF A ROBUST MARKET OF16
290+ACCESSORY DWELLING UNIT DEVELOPERS , MODULAR ACCESSORY17
291+DWELLING UNIT DESIGNS, AND ASSOCIATED COST REDUCTIONS. COLORADO18
292+IS SIMILAR TO MOST STATES IN THIS REGARD , AND, ACCORDING TO19
293+"Z
294+ONING BY A THOUSAND CUTS" IN THE PEPPERDINE LAW REVIEW,20
295+WHICH ANALYZED ACCESSORY DWELLING UNIT REGULATIONS ACROSS21
296+C
297+ONNECTICUT, "THE HIGH DEGREE OF REGULATORY VARIATION THWARTS22
298+THE DEVELOPMENT OF PROTOTYPE DESIGNS OR PREFABRICATED23
299+[
300+ACCESSORY DWELLING UNITS ] THAT COULD SATISFY DIFFERENT RULES24
301+ACROSS JURISDICTIONS".25
302+(XVIII) M
303+ORE PERMISSIVE REGULATION BY LOCAL GOVERNMENTS26
304+OF ACCESSORY DWELLING UNITS PROVIDES A REASONABLE CHANCE FOR27
305+1152
306+-8- HOMEOWNERS TO CONSTRUCT OR CONVERT AN ACCESSORY DWELLING1
307+UNIT AND THEREBY INCREASE HOUSING SUPPLY , STABILIZE HOUSING2
308+COSTS, AND CONTRIBUTE TO AFFORDABLE AND EQUITABLE HOME3
309+OWNERSHIP TO ADEQUATELY MEET THE HOUSING NEEDS OF A GROWING4
310+C
311+OLORADO POPULATION.5
271312 (b) T
272-HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT
273-INCREASING THE HOUSING SUPPLY THROUGH THE CONSTRUCTION OR
274-CONVERSION OF ACCESSORY DWELLING UNITS IS A MATTER OF MIXED
275-STATEWIDE AND LOCAL CONCERN
276-.
313+HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT6
314+INCREASING THE HOUSING SUPPLY THROUGH THE CONSTRUCTION OR7
315+CONVERSION OF ACCESSORY DWELLING UNITS IS A MATTER OF MIXED8
316+STATEWIDE AND LOCAL CONCERN .9
277317 29-35-102. Definitions. A
278-S USED IN THIS PART 1, UNLESS THE
279-CONTEXT OTHERWISE REQUIRES
280-:
318+S USED IN THIS PART 1, UNLESS THE10
319+CONTEXT OTHERWISE REQUIRES :11
281320 (1) "A
282321 CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT:
322+12
283323 (a) S
284-ATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING
285-ACT", 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED;
324+ATISFIES
325+ THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING13
326+A
327+CT", 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED;
328+14
286329 (b) I
287330 NCORPORATES UNIVERSAL DESIGN ; OR
288-(c) IS EITHER A TYPE A DWELLING UNIT, AS DEFINED IN SECTION
289-9-5-101 (10), OR A TYPE B DWELLING UNIT, AS DEFINED IN SECTION 9-5-101
331+15
332+(c) I
333+S EITHER A TYPE A DWELLING UNIT, AS DEFINED IN SECTION
334+16
335+9-5-101
336+ (10), OR A TYPE B DWELLING UNIT, AS DEFINED IN SECTION
337+17
338+9-5-101
290339 (12).
340+18
291341 (2) "A
292-CCESSORY DWELLING UNIT" MEANS AN INTERNAL, ATTACHED,
293-OR DETACHED DWELLING UNIT THAT :
342+CCESSORY DWELLING UNIT " MEANS AN INTERNAL ,19
343+ATTACHED, OR DETACHED DWELLING UNIT THAT :20
294344 (a) P
295-ROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE
296-OR MORE INDIVIDUALS
297-;
345+ROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE21
346+OR MORE INDIVIDUALS;22
298347 (b) I
299-S LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING
300-PRIMARY RESIDENCE
301-; AND
302-(c) INCLUDES FACILITIES FOR LIVING, SLEEPING, EATING, COOKING,
303-AND SANITATION.
348+S LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING23
349+PRIMARY RESIDENCE; AND24
350+(c) I
351+NCLUDES FACILITIES FOR LIVING, SLEEPING, EATING, COOKING,25
352+AND SANITATION.26
304353 (3) "A
305-CCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION " MEANS
306-PAGE 6-HOUSE BILL 24-1152 A LOCAL GOVERNMENT THAT THE DEPARTMENT HAS CERTIFIED PURSUANT
307-TO SECTION
308-29-35-104 AS AN ACCESSORY DWELLING UNIT SUPPORTIVE
309-JURISDICTION
310-.
354+CCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION "27
355+1152
356+-9- MEANS A LOCAL GOVERNMENT THAT THE DEPARTMENT HAS CERTIFIED1
357+PURSUANT TO SECTION 29-35-104 AS AN ACCESSORY DWELLING UNIT2
358+SUPPORTIVE JURISDICTION.3
311359 (4) "A
312-CCESSORY USE" MEANS A STRUCTURE OR THE USE OF A
313-STRUCTURE ON THE SAME LOT WITH
314-, AND OF A NATURE CUSTOMARILY
315-INCIDENTAL AND SUBORDINATE TO
316-, THE PRINCIPAL STRUCTURE OR USE OF
317-THE STRUCTURE
318-.
319-(5) (a) "A
320-DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS IN
321-WHICH
322-:
323-(I) A
324- DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS
325-APPROVED
326-, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL
327-GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE
328-WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS
329-; AND
330-(II) DOES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE , A
331-PUBLIC HEARING
332-, A RECOMMENDATION, OR A DECISION BY AN ELECTED OR
333-APPOINTED PUBLIC BODY OR A HEARING OFFICER
334-.
335-(b) N
336-OTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, AN
337-ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED HISTORIC
338-PRESERVATION COMMISSION TO MAKE A DECISION
339-, OR TO MAKE A
340-RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF
341-,
342-REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT
343-THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY
344-,
345-PROVIDED THAT:
346-(I) T
347-HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY
348-COLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED
349-LOCAL GOVERNMENT
350-; AND
351-(II) THE APPOINTED HISTORIC PRESERVATION COMMISSION 'S
352-DECISION OR RECOMMENDATION IS BASED ON ST ANDARDS EITHER SET FORTH
353-IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE INTERIOR OF THE
354-UNITED STATES.
360+CCESSORY USE" MEANS A STRUCTURE OR THE USE OF A4
361+STRUCTURE ON THE SAME LOT WITH , AND OF A NATURE CUSTOMARILY5
362+INCIDENTAL AND SUBORDINATE TO , THE PRINCIPAL STRUCTURE OR USE OF6
363+THE STRUCTURE.7 (5) (a) "ADMINISTRATIVE APPROVAL PROCESS" MEANS A8
364+PROCESS IN WHICH:9
365+(I) A DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS10
366+APPROVED, APPROVED WITH CONDITIONS, OR DENIED BY LOCAL11
367+GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE12
368+WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS ; AND13
369+(II) DOES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE,14
370+A PUBLIC HEARING, A RECOMMENDATION , OR A DECISION BY AN ELECTED15
371+OR APPOINTED PUBLIC BODY OR A HEARING OFFICER .16
372+(b) NOTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, AN17
373+ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED18
374+HISTORIC PRESERVATION COMMISSION TO MAKE A DECISION, OR TO MAKE19
375+A RECOMMENDATIO N TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF ,20
376+REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT21
377+THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY ,22
378+PROVIDED THAT:23
379+(I) THE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY24
380+COLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED25
381+LOCAL GOVERNMENT ; AND26
382+(II) THE APPOINTED HISTORIC PRESERVATION COMMISSION 'S27
383+1152
384+-10- DECISION OR RECOMMENDATION IS BASED ON STANDARDS EITHER SET1
385+FORTH IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE2
386+INTERIOR OF THE UNITED STATES.3
355387 (6) "C
356-OUNTY" MEANS A COUNTY, INCLUDING A HOME RULE COUNTY
357-BUT EXCLUDING A CITY AND COUNTY
358-.
359-PAGE 7-HOUSE BILL 24-1152 (7) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
388+OUNTY" MEANS A COUNTY , INCLUDING A HOME RULE4
389+COUNTY BUT EXCLUDING A CITY AND COUNTY .5 (7) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS.6
360390 (8) "D
361-WELLING UNIT" MEANS A SINGLE UNIT PROVIDING COMPLETE
362-INDEPENDENT LIVING FACILITIES FOR ONE OR MORE INDIVIDUALS
363-, INCLUDING
364-PERMANENT FACILITIES FOR COOKING
365-, EATING, LIVING, SANITATION, AND
366-SLEEPING
367-.
391+WELLING UNIT" MEANS A SINGLE UNIT PROVIDING COMPLETE7
392+INDEPENDENT LIVING FACILITIES FOR ONE OR MORE INDIVIDUALS ,8
393+INCLUDING PERMANENT FACILITIES FOR COOKING , EATING, LIVING,9
394+SANITATION, AND SLEEPING.10
368395 (9) "E
369-XEMPT PARCEL" MEANS A PARCEL THAT IS:
396+XEMPT PARCEL" MEANS A PARCEL THAT IS:11
370397 (a) N
371-OT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT
372-SYSTEM
373-, AS DEFINED IN SECTION 24-65.1-104 (5), OR IS SERVED BY A WELL
374-WITH A PERMIT THAT CANNOT SUPPLY AN ADDITIONAL DWELLING UNIT
375-;
398+OT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT12
399+SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5), OR IS SERVED BY A WELL
400+13
401+WITH A PERMIT THAT CANNOT SUPPLY AN ADDITIONAL DWELLING UNIT ;14
376402 (b) A
377- HISTORIC PROPERTY THAT IS NOT WITHIN A HISTORIC DISTRICT;
378-OR
379-(c) IN A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN , AS
380-IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
381-.
403+ HISTORIC PROPERTY THAT IS NOT WITHIN A HISTORIC15
404+DISTRICT; OR16
405+(c) I
406+N A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN , AS17
407+IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY .18
382408 (10) "H
383-ISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY LOCAL
384-LAW THAT MEETS THE DEFINITION OF
385-"DISTRICT" SET FORTH IN 36 CFR 60.3
386-(d).
409+ISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY19
410+LOCAL LAW THAT MEETS THE DEFINITION OF "DISTRICT" SET FORTH IN 3620
411+CFR
412+ 60.3 (d).21
387413 (11) "H
388-ISTORIC PROPERTY" MEANS A PROPERTY LISTED:
414+ISTORIC PROPERTY" MEANS A PROPERTY LISTED:22
389415 (a) O
390-N THE NATIONAL REGISTER OF HISTORIC PLACES ;
416+N THE NATIONAL REGISTER OF HISTORIC PLACES ;23
391417 (b) O
392-N THE COLORADO STATE REGISTER OF HISTORIC PROPERTIES ; OR
393-(c) AS A CONTRIBUTING STRUCTURE OR HISTORIC LANDMARK BY A
394-CERTIFIED LOCAL GOVERNMENT
395-, AS DEFINED IN SECTION 39-22-514.5 (2)(b).
418+N THE COLORADO STATE REGISTER OF HISTORIC PROPERTIES ;24
419+OR25
420+(c) A
421+S A CONTRIBUTING STRUCTURE OR HISTORIC LANDMARK BY26
422+A CERTIFIED LOCAL GOVERNMENT , AS DEFINED IN SECTION 39-22-514.527
423+1152
424+-11- (2)(b).1
396425 (12) "L
397-OCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR
398-TRIBAL NATION WITH JURISDICTION IN
399-COLORADO.
426+OCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR2
427+TRIBAL NATION WITH JURISDICTION IN COLORADO.3
400428 (13) "L
401-OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,
402-REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS
403-THE DEVELOPMENT AND USE OF LAND
404-, INCLUDING LAND USE CODES, ZONING
405-CODES
406-, AND SUBDIVISION CODES.
407-PAGE 8-HOUSE BILL 24-1152 (14) "LOW- AND MODERATE -INCOME HOUSEHOLD " MEANS A
408-HOUSEHOLD THAT IS CONSIDERED LOW
409--, MODERATE-, OR MEDIUM-INCOME,
410-AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN
411-DEVELOPMENT
412-.
429+OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,4
430+REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT5
431+GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING LAND USE6
432+CODES, ZONING CODES, AND SUBDIVISION CODES.7
433+(14) "L
434+OW- AND MODERATE-INCOME HOUSEHOLD " MEANS A8
435+HOUSEHOLD THAT IS CONSIDERED LOW-, MODERATE-, OR MEDIUM-INCOME,9
436+AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN10
437+DEVELOPMENT.11
413438 (15) "M
414-ETROPOLITAN PLANNING ORGANIZATION " MEANS A
415-METROPOLITAN PLANNING ORGANIZATION UNDER THE
416-"FEDERAL TRANSIT
417-ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.
439+ETROPOLITAN PLANNING ORGANIZATION " MEANS A12
440+METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT13
441+A
442+CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.14
418443 (16) "M
419-UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR
420-TOWN
421-, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.
422-(17) "O
423-BJECTIVE STANDARD" MEANS A STANDARD THAT:
424-(a) I
425-S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR
426-DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED
427-REGARDLESS OF THE DECISION MAKER
428-; AND
429-(b) DOES NOT REQUIRE A SUBJECTIVE DETERMINATION CONCERNING
430-A DEVELOPMENT PROPOSAL
431-, INCLUDING BUT NOT LIMITED TO WHETHER THE
432-APPLICATION FOR THE DEVELOPMENT PROPOSAL IS
433-:
434-(I) C
435-ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT
436-PLANS
437-;
438-(II) C
439-OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE
440-AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION
441-; OR
442-(III) CONSISTENT WITH PUBLIC WELFARE, COMMUNITY CHARACTER ,
443-OR NEIGHBORHOOD CHARACTER .
444-(18) "R
445-ESTRICTIVE DESIGN OR DIMENSION STANDARD " MEANS A
446-STANDARD IN A LOCAL LAW THAT
447-:
444+UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY15
445+OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.16
446+(17) "OBJECTIVE STANDARD" MEANS A STANDARD THAT:17
447+(a) IS A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR18
448+DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED19
449+REGARDLESS OF THE DECISION MAKER ; AND20
450+(b) DOES NOT REQUIRE A SUBJECTIVE DETERMINATION21
451+CONCERNING A DEVELOPMENT PROPOSAL , INCLUDING BUT NOT LIMITED TO22
452+WHETHER THE APPLICATION FOR THE DEVELOPMENT PROPOSAL IS :23
453+(I) CONSISTENT WITH MASTER PLANS, OR OTHER DEVELOPMENT24
454+PLANS;25
455+(II) COMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE26
456+AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION ; OR27
457+1152
458+-12- (III) CONSISTENT WITH PUBLIC WELFARE, COMMUNITY1
459+CHARACTER, OR NEIGHBORHOOD CHARACTER .2
460+(18) "RESTRICTIVE DESIGN OR DIMENSION STANDARD " MEANS A3
461+STANDARD IN A LOCAL LAW THAT :4
448462 (a) R
449-EQUIRES AN ARCHITECTURAL STYLE , BUILDING MATERIAL, OR
450-LANDSCAPING THAT IS MORE RESTRICTIVE FOR AN ACCESSORY DWELLING
451-UNIT THAN FOR A SINGLE
452--UNIT DETACHED DWELLING IN THE SAME ZONING
453-DISTRICT
454-;
463+EQUIRES AN ARCHITECTURAL STYLE, BUILDING MATERIAL, OR5
464+LANDSCAPING THAT IS MORE RESTRICTIVE FOR AN ACCESSORY DWELLING6
465+UNIT THAN FOR A SINGLE-UNIT DETACHED DWELLING IN THE SAME ZONING7
466+DISTRICT;8
455467 (b) D
456-OES NOT ALLOW FOR ACCESSORY DWELLING UNIT SIZES
457-PAGE 9-HOUSE BILL 24-1152 BETWEEN FIVE HUNDRED AND SEVEN HUNDRED FIFTY SQUARE FEET ;
468+OES NOT ALLOW FOR ACCESSORY DWELLING UNIT SIZES9
469+BETWEEN FIVE HUNDRED AND SEVEN HUNDRED FIFTY
470+ SQUARE FEET;10
458471 (c) R
459472 EQUIRES SIDE SETBACKS FOR AN ACCESSORY DWELLING UNIT
460-THAT ARE LARGER THAN THE SIDE SETBACKS REQUIRED FOR A PRIMARY
461-DWELLING UNIT IN THE SAME ZONING DISTRICT
462-;
473+11
474+THAT ARE LARGER THAN THE SIDE SETBACKS REQUIRED FOR A PRIMARY12
475+DWELLING UNIT IN THE SAME ZONING DISTRICT ;13
463476 (d) R
464-EQUIRES A REAR SETBACK FOR AN ACCESSORY DWELLING UNIT
465-THAT IS LARGER THAN THE GREATER OF
466-:
477+EQUIRES A REAR SETBACK FOR AN ACCESSORY DWELLING
478+14
479+UNIT THAT IS LARGER THAN THE GREATER OF :15
467480 (I) T
468-HE REAR SETBACK REQUIRED FOR OTHER ACCESSORY BUILDING
469-TYPES IN THE SAME ZONING DISTRICT
470-; OR
471-(II) FIVE FEET;
472-(e) I
473-S A MORE RESTRICTIVE MINIMUM LOT SIZE STANDARD FOR AN
474-ACCESSORY DWELLING UNIT THAN FOR A SINGLE
475--UNIT DETACHED DWELLING
476-IN THE SAME ZONING DISTRICT
477-; OR
478-(f) APPLIES MORE RESTRICTIVE AESTHETIC DESIGN OR DIMENSIONAL
479-STANDARDS TO ACCESSORY DWELLING UNITS THAT ARE FACTORY
480--BUILT
481-RESIDENTIAL STRUCTURES
482-, AS DEFINED IN SECTION 24-32-3302 (10), THAN
483-OTHER ACCESSORY DWELLING UNITS
484-.
485-(19) (a) "S
486-HORT-TERM RENTAL" MEANS THE RENTAL OF A LODGING
487-UNIT FOR LESS THAN THIRTY DAYS
488-. AS USED IN THIS SUBSECTION (19),
489-"
490-LODGING UNIT" MEANS ANY PROPERTY OR PORTION OF A PROPERTY THAT
491-IS AVAILABLE FOR LODGING
492-; EXCEPT THAT THE TERM EXCLUDES A HOTEL OR
493-MOTEL UNIT
494-.
481+HE REAR SETBACK REQUIRED FOR OTHER ACCESSORY
482+16
483+BUILDING TYPES IN THE SAME ZONING DISTRICT; OR17
484+(II) F
485+IVE FEET;
486+18
487+(e) IS A MORE RESTRICTIVE MINIMUM LOT SIZE STANDARD FOR AN19
488+ACCESSORY DWELLING UNIT THAN FOR A SINGLE -UNIT DETACHED20
489+DWELLING IN THE SAME ZONING DISTRICT ; OR21
490+(f) APPLIES MORE RESTRICTIVE AESTHETIC DESIGN OR22
491+DIMENSIONAL STANDARDS TO ACCESSORY DWELLING UNITS THAT ARE23
492+FACTORY-BUILT RESIDENTIAL STRUCTURES , AS DEFINED IN SECTION24
493+24-32-3302
494+ (10), THAN OTHER ACCESSORY DWELLING UNITS .25(19) (a) "SHORT-TERM RENTAL" MEANS THE RENTAL OF A LODGING26
495+UNIT FOR LESS THAN THIRTY DAYS . AS USED IN THIS SUBSECTION (19),27
496+1152
497+-13- "LODGING UNIT" MEANS ANY PROPERTY OR PORTION OF A PROPERTY THAT1
498+IS AVAILABLE FOR LODGING; EXCEPT THAT THE TERM EXCLUDES A HOTEL2
499+OR MOTEL UNIT.3
495500 (b) N
496-OTWITHSTANDING SUBSECTION (19)(a) OF THIS SECTION, A
497-LOCAL GOVERNMENT MAY APPLY ITS OWN DEFINITION OF
498-"SHORT-TERM
499-RENTAL
500-" FOR PURPOSES OF THIS PART 1.
501-(20) "S
502-INGLE-UNIT DETACHED DWELLING " MEANS A DETACHED
503-BUILDING WITH A SINGLE DWELLING UNIT ON A SINGLE LOT
504-.
505-(21) "S
506-UBJECT JURISDICTION" MEANS EITHER:
501+OTWITHSTANDING SUBSECTION
502+(19)(a) OF THIS SECTION, A4
503+LOCAL GOVERNMENT MAY APPLY ITS OWN DEFINITION OF "SHORT-TERM5
504+RENTAL" FOR PURPOSES OF THIS PART 1.6
505+(20) "SINGLE-UNIT DETACHED DWELLING " MEANS A DETACHED7
506+BUILDING WITH A SINGLE DWELLING UNIT ON A SINGLE LOT .8
507+(21) "SUBJECT JURISDICTION" MEANS EITHER:9
507508 (a) A
508- MUNICIPALITY THAT BOTH HAS A POPULATION OF ONE
509-THOUSAND OR MORE
510-, AS REPORTED BY THE STATE DEMOGRAPHY OFFICE ,
511-PAGE 10-HOUSE BILL 24-1152 AND IS WITHIN A METROPOLITAN PLANNING ORGANIZATION ; OR
512-(b) THE PORTION OF A COUNTY THAT IS BOTH WITHIN A CENSUS
513-DESIGNATED PLACE WITH A POPULATION OF FORTY THOUSAND OR MORE
514-, AS
515-REPORTED IN THE MOST RECENT DECENNIAL CENSUS
516-, AND WITHIN A
517-METROPOLITAN PLANNING ORGANIZATION
518-.
509+ MUNICIPALITY THAT BOTH HAS A POPULATION OF ONE10
510+THOUSAND OR MORE, AS REPORTED BY THE STATE DEMOGRAPHY OFFICE ,11
511+AND IS WITHIN A METROPOLITAN PLANNING ORGANIZATION ; OR12
512+(b) T
513+HE PORTION OF A COUNTY THAT IS BOTH WITHIN A CENSUS13
514+DESIGNATED PLACE WITH A POPULATION OF
515+FORTY THOUSAND OR MORE ,14
516+AS REPORTED IN THE MOST RECENT DECENNIAL CENSUS , AND WITHIN A15
517+METROPOLITAN PLANNING ORGANIZATION .16
519518 (22) "T
520519 ANDEM PARKING SPACE" MEANS A PARKING SPACE THAT IS
521-LOCATED EITHER IN FRONT OF OR BEHIND ONE OR MORE OTHER PARKING
522-SPACES THAT SHARE THE SAME POINT OF ACCESS
523-.
524-(23) "U
525-NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED
526-AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL
527-REGARDLESS OF AGE OR ABILITIES
528-.
529-(24) "V
530-ISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON
531-WITH A DISABILITY CAN ENTER
532-, MOVE AROUND THE PRIMARY ENTRANCE
533-FLOOR OF
534-, AND USE THE BATHROOM IN.
535-29-35-103. Accessory dwelling unit requirements for a subject
520+17
521+LOCATED EITHER IN FRONT OF OR BEHIND ONE OR MORE OTHER PARKING18
522+SPACES THAT SHARE THE SAME POINT OF ACCESS .19
523+(23) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED20
524+AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL21
525+REGARDLESS OF AGE OR ABILITIES.22
526+(24) "VISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON23
527+WITH A DISABILITY CAN ENTER, MOVE AROUND THE PRIMARY ENTRANCE24
528+FLOOR OF, AND USE THE BATHROOM IN.25
529+29-35-103. Accessory dwelling unit requirements for a subject26
536530 jurisdiction. (1) O
537-N OR AFTER JUNE 30, 2025, A SUBJECT JURISDICTION
538-SHALL ALLOW
539-, SUBJECT TO AN ADMINISTRATIVE APPROVAL PROCESS , ONE
540-ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO A SINGLE
541--UNIT
542-DETACHED DWELLING IN ANY PART OF THE SUBJECT JURISDICTION WHERE
543-THE JURISDICTION ALLOWS SINGLE
544--UNIT DETACHED DWELLINGS .
531+N OR AFTER JUNE 30, 2025, A
532+ SUBJECT JURISDICTION27
533+1152
534+-14- SHALL ALLOW, SUBJECT TO AN ADMINISTRATIVE APPROVAL PROCESS , ONE1
535+ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO A SINGLE -UNIT2
536+DETACHED DWELLING IN ANY PART OF THE SUBJECT JURISDICTION WHERE3
537+THE JURISDICTION ALLOWS SINGLE-UNIT DETACHED DWELLINGS .4
545538 (2) O
546-N OR AFTER JUNE 30, 2025, A SUBJECT JURISDICTION SHALL
547-NOT
548-:
539+N OR AFTER JUNE 30, 2025, A
540+ SUBJECT JURISDICTION SHALL5
541+NOT:6
549542 (a) R
550-EQUIRE THE CONSTRUCTION OF A NEW OFF -STREET PARKING
551-SPACE IN CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF AN
552-ACCESSORY DWELLING UNIT
553-, EXCEPT AS DESCRIBED IN SUBSECTIONS (3)(a)
554-AND (3)(b) OF THIS SECTION;
543+EQUIRE
544+THE CONSTRUCTION OF A NEW OFF-STREET PARKING7
545+SPACE IN CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF AN8
546+ACCESSORY DWELLING UNIT, EXCEPT AS DESCRIBED IN SUBSECTIONS (3)(a)9
547+AND (3)(b) OF THIS SECTION;10
555548 (b) R
556-EQUIRE AN ACCESSORY DWELLING UNIT , OR ANY OTHER
557-DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT
558-, TO BE
559-OWNER
560--OCCUPIED; EXCEPT THAT A SUBJECT JURISDICTION MAY REQUIRE A
561-PROPERTY OWNER TO DEMONSTRATE THAT THE PROPERTY OWNER RESIDES
562-ON THE PARCEL WHEN AN APPLICATION IS SUBMITTED
563-:
564-PAGE 11-HOUSE BILL 24-1152 (I) TO CONSTRUCT OR CONVERT AN ACCESSORY DWELLING UNIT .
549+EQUIRE AN ACCESSORY DWELLING UNIT , OR ANY OTHER11
550+DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT , TO BE12
551+OWNER-OCCUPIED; EXCEPT THAT A SUBJECT JURISDICTION MAY REQUIRE
552+13
553+A PROPERTY OWNER TO DEMONSTRATE THAT THE PROPERTY OWNER14
554+RESIDES ON THE PARCEL WHEN AN APPLICATION IS SUBMITTED :15
555+(I) T
556+O CONSTRUCT OR CONVERT AN ACCESSORY DWELLING UNIT .
557+16
565558 T
566-HIS EXCEPTION DOES NOT APPLY FOR AN ACCESSORY DWELLING UNIT THAT
567-IS BEING CONSTRUCTED SIMULTANEOUSLY WITH A NEW PRIMARY DWELLING
568-UNIT
569-.
559+HIS EXCEPTION DOES NOT APPLY FOR AN ACCESSORY DWELLING UNIT
560+17
561+THAT IS BEING CONSTRUCTED SIMULTANEOUSLY WITH A NEW PRIMARY18
562+DWELLING UNIT.19
570563 (II) F
571564 OR A LICENSE OR PERMIT FOR A SHORT-TERM RENTAL ON THE
572-PARCEL THROUGH A LOCAL LAW OR PROGRAM
573-.
565+20
566+PARCEL THROUGH A LOCAL LAW OR PROGRAM .21
574567 (c) A
575-PPLY A RESTRICTIVE DESIGN OR DIMENSION STANDARD TO AN
576-ACCESSORY DWELLING UNIT
577-.
568+PPLY A RESTRICTIVE DESIGN OR DIMENSION STANDARD TO AN22
569+ACCESSORY DWELLING UNIT.23
578570 (3) N
579-OTHING IN THIS SECTION PREVENTS A SUBJECT JURISDICTION OR
580-OTHER LOCAL GOVERNMENT FROM
581-:
571+OTHING IN THIS SECTION PREVENTS A SUBJECT JURISDICTION24
572+OR OTHER LOCAL GOVERNMENT FROM :25
582573 (a) R
583-EQUIRING THE DESIGNATION OF AN OFF-STREET PARKING SPACE
584-IN CONNECTION WITH AN ACCESSORY DWELLING UNIT
585-, SO LONG AS THERE IS
586-AN EXISTING DRIVEWAY
587-, GARAGE, TANDEM PARKING SPACE , OR OTHER
588-OFF
589--STREET PARKING SPACE AVAILABLE FOR SUCH A DESIGNATION AT THE
590-TIME OF THE CONSTRUCTION OR CONVERSION OF THE ACCESSORY DWELLING
591-UNIT
592-;
574+EQUIRING THE DESIGNATION OF AN OFF -STREET PARKING
575+26
576+SPACE IN CONNECTION WITH AN ACCESSORY DWELLING UNIT , SO LONG AS27
577+1152
578+-15- THERE IS AN EXISTING DRIVEWAY, GARAGE, TANDEM PARKING SPACE, OR1
579+OTHER OFF-STREET PARKING SPACE AVAILABLE FOR SUCH A DESIGNATION2
580+AT THE TIME OF THE CONSTRUCTION OR CONVERSION OF THE ACCESSORY3
581+DWELLING UNIT;4
593582 (b) R
594583 EQUIRING, IN CONNECTION WITH THE CONSTRUCTION OR
595-CONVERSION OF AN ACCESSORY DWELLING UNIT
596-, ONE NEW PARKING SPACE
597-ON A PARCEL THAT
598-:
584+5
585+CONVERSION OF AN ACCESSORY DWELLING UNIT , ONE NEW PARKING SPACE6
586+ON A PARCEL THAT:7
599587 (I) D
600588 OES NOT HAVE AN EXISTING OFF -STREET PARKING SPACE,
601-INCLUDING A DRIVEWAY, GARAGE, OR TANDEM PARKING SPACE, THAT COULD
602-BE USED FOR AN ACCESSORY DWELLING UNIT
603-;
589+8
590+INCLUDING A DRIVEWAY, GARAGE, OR TANDEM PARKING SPACE , THAT9
591+COULD BE USED FOR AN ACCESSORY DWELLING UNIT ;10
604592 (II) I
605593 S IN A ZONING DISTRICT THAT, AS OF JANUARY 1, 2024,
606-REQUIRES ONE OR MORE PARKING SPACES FOR THE PRIMARY DWELLING UNIT ;
607-AND
608-(III) IS LOCATED ON A BLOCK WHERE ON -STREET PARKING IS
609-PROHIBITED FOR ANY REASON INCLUDING ENSURING ACCESS FOR
610-EMERGENCY SERVICES
611-;
594+11
595+REQUIRES ONE OR MORE PARKING SPACES FOR THE PRIMARY DWELLING12
596+UNIT; AND13
597+(III) I
598+S LOCATED ON A BLOCK WHERE ON -STREET PARKING IS
599+14
600+PROHIBITED FOR ANY REASON INCLUDING ENSURING ACCESS FOR15
601+EMERGENCY SERVICES;16
602+(c) ALLOWING THE CONSTRUCTION OR CONVERSION OF AN17
603+ACCESSORY DWELLING UNIT THAT IS SMALLER THAN FIVE HUNDRED18
604+SQUARE FEET OR GREATER T HAN EIGHT HUNDRED SQUARE FEET , OR19
605+RESTRICTING THE SIZE OF AN ACCESSORY DWELLING UNIT SO THAT IT IS NO20
606+LARGER THAN THE SIZE OF THE PRINCIPAL DWELLING UNIT ON THE SAME21
607+LOT AS THE ACCESSORY DWELLING UNIT ;22
608+(d) ALLOWING THE CONSTRUCTION OR CONVERSION OF MULTIPLE23
609+ACCESSORY DWELLING UNITS ON THE SAME LOT ;24
610+(e) APPLYING A DESIGN OR DIMENSION STANDARD TO AN25
611+ACCESSORY DWELLING UNIT THAT IS NOT A RESTRICTIVE DESIGN OR26
612+DIMENSION STANDARD;27
613+1152
614+-16- (f) ADOPTING OR ENFORCING A GENERALLY APPLICABLE1
615+REQUIREMENT FOR:2
616+(I) T
617+HE PAYMENT OF AN IMPACT FEE OR OTHER SIMILAR3
618+DEVELOPMENT CHARGE , PURSUANT TO SECTION 29-20-104.5; OR4
619+(II) T
620+HE MITIGATION OF IMPACTS IN CONFORMANCE WITH THE5
621+REQUIREMENTS OF PART 2 OF ARTICLE 20 OF THIS TITLE 29;6
622+(g)
623+ ENACTING OR APPLYING A LOCAL LAW CONCERNING THE7
624+SHORT-TERM RENTAL OF AN ACCESSORY DWELLING UNIT OR ANY OTHER8
625+DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT ;9
626+(h) APPLYING THE DESIGN STANDARDS AND PROCEDURES OF A10
627+HISTORIC DISTRICT TO A LOT ON WHICH AN ACCESSORY DWELLING UNIT IS11
628+ALLOWED IN THAT HISTORIC DISTRICT , INCLUDING A STANDARD OR12
629+PROCEDURE RELATED TO DEMOLITION ;13
630+(i) APPLYING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY14
631+CODE, INCLUDING BUT NOT LIMITED TO, A BUILDING, FIRE, UTILITY, OR15
632+STORMWATER CODE;16
633+(j) ALLOWING THE CONSTRUCTION OF , OR ISSUING A PERMIT FOR17
634+THE CONSTRUCTION OF, A SINGLE-UNIT DETACHED DWELLING IN AN AREA18
635+ZONED FOR SINGLE-UNIT DETACHED DWELLINGS ; 19
636+(k) ENCOURAGING THE CONSTRUCTION OF ACCESSORY DWELLING20
637+UNITS THAT ARE, THROUGH THE APPLICATION OF LOCAL LAWS OR21
638+PROGRAMS INCLUDING THROUGH DEED RESTRICTIONS, MADE AFFORDABLE22
639+TO HOUSEHOLDS UNDER CERTAIN INCOME LIMITS OR USED PRIMARILY TO23
640+HOUSE THE LOCAL WORKFORCE PURSUANT TO A LOCAL , REGIONAL, OR24
641+STATE AFFORDABLE HOUSING PROGRAM ; 25
642+(l) DEFINING ACCESSORY DWELLING UNIT IN LOCAL LAW AS26
643+INCLUDING OR EXCLUDING OTHER DWELLING UNIT TYPES SUCH AS A27
644+1152
645+-17- "MOTOR HOME", AS DEFINED IN SECTION 42-1-102 (57), A "MULTIPURPOSE1
646+TRAILER", AS DEFINED IN SECTION 42-1-102 (60.3), AND A "RECREATIONAL2
647+VEHICLE", AS DEFINED IN SECTION 24-32-902 (9); OR3
648+(m) REQUIRING A STATEMENT BY A WATER OR WASTEWATER4
649+SERVICE PROVIDER REGARDING ITS CAPACITY TO SERVICE THE PROPERTY5
650+AS A CONDITION OF PERMITTING AN ACCESSORY DWELLING UNIT .6
651+(4) T
652+HIS SECTION ONLY APPLIES TO A PARCEL IN A SUBJECT7
653+JURISDICTION THAT IS NOT AN EXEMPT PARCEL .8
654+29-35-104. Accessory dwelling unit supportive jurisdiction9
655+report - certification of a jurisdiction as an accessory dwelling unit10
656+supportive jurisdiction. (1) (a) I
657+N ORDER TO BE CERTIFIED AS AN11
658+ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION BY THE12
659+DEPARTMENT, A LOCAL GOVERNMENT MUST SUBMIT TO THE DEPARTMENT,13
660+IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, A REPORT14
661+DEMONSTRATING EVIDENCE OF THE LOCAL GOVERNMENT :15
662+(I) C
663+OMPLYING WITH SECTION 29-35-103 AS A SUBJECT
664+16
665+JURISDICTION OR, IF THE LOCAL GOVERNMENT IS NOT A SUBJECT17
666+JURISDICTION, AS IF THE LOCAL GOVERNMENT WERE A SUBJECT18
667+JURISDICTION FOR PURPOSES OF SECTION 29-35-103; AND19
668+(II) I
669+MPLEMENTING ONE OR MORE OF THE FOLLOWING STRATEGIES :20
670+(A) W
671+AIVING, REDUCING, OR PROVIDING FINANCIAL ASSISTANCE
672+21
673+FOR ACCESSORY DWELLING UNIT-RELATED FEES THAT ARE INCURRED BY22
674+LOW- AND MODERATE-INCOME HOUSEHOLDS;23
675+(B) E
676+NACTING LOCAL LAWS OR PROGRAMS THAT INCENTIVIZE THE24
677+AFFORDABILITY OF CERTAIN ACCESSORY DWELLING UNITS INCLUDING25
678+ACCESSORY DWELLING UNITS USED PRIMARILY TO HOUSE THE LOCAL26
679+WORKFORCE;27
680+1152
681+-18- (C) PROVIDING PRE-APPROVED PLANS FOR THE CONSTRUCTION OF1
682+ACCESSORY DWELLING UNITS ;2
683+(D) I
684+MPLEMENTING A PROGRAM TO PROVIDE EDUCATION AND3
685+TECHNICAL ASSISTANCE TO HOMEOWNERS TO CONSTRUCT OR CONVERT AN4
686+ACCESSORY DWELLING UNIT;5
687+(E) I
688+MPLEMENTING A PROGRAM TO REGULATE THE USE OF6
689+ACCESSORY DWELLING UNITS FOR SHORT -TERM RENTALS;7
690+(F) E
691+NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION8
692+AND CONVERSION OF ACCESSIBLE AND VISITABLE ACCESSORY DWELLING9
693+UNITS;10
694+(G) A
695+SSISTING PROPERTY OWNERS WITH ENSURING THAT11
696+PRE-EXISTING ACCESSORY DWELLING UNITS COMPLY WITH LOCAL LAWS ;12
697+(H) E
698+NABLING A PATHWAY FOR THE SEPARATE SALE OF AN13
699+ACCESSORY DWELLING UNIT;14
700+(I) E
701+NACTING LOCAL LAWS THAT ENCOURAGE THE CONSTRUCTION15
702+OF ACCESSORY DWELLING UNITS THAT ARE FACTORY -BUILT RESIDENTIAL16
703+STRUCTURES, AS DEFINED IN SECTION 24-32-3302 (10); OR17
704+(J) A
705+NY OTHER STRATEGY THAT IS APPROVED BY THE
706+DEPARTMENT18
707+AND THAT ENCOURAGES THE CONSTRUCTION , CONVERSION, OR USE OF19
708+ACCESSORY DWELLING UNITS .20
709+(b) (I) O
710+N OR BEFORE JUNE 30, 2025,
711+ A SUBJECT JURISDICTION21
712+SHALL SUBMIT THE REPORT DESCRIBED IN SUBSECTION (1)(a) OF THIS22
713+SECTION.23
714+(II) N
715+OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION,24
716+THE
717+DEPARTMENT MAY ALLOW A SUBJECT JURISDICTION TO SUBMIT THE25
718+REPORT DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION NO MORE THAN26
719+SIX MONTHS AFTER THE DEADLINE DESCRIBED IN SUBSECTION (1)(b)(I) OF27
720+1152
721+-19- THIS SECTION IF THE SUBJECT JURISDICTION DEMONSTRATES , IN A FORM1
722+AND MANNER DETERMINED BY THE DEPARTMENT, THAT THE SUBJECT2
723+JURISDICTION HAS:3
724+(A) I
725+NITIATED A PROCESS TO UPDATE ITS LOCAL LAWS AS4
726+NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE REPORT5
727+DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION;6
728+(B) A
729+ PLAN AND TIMELINE TO UPDATE ITS LOCAL LAWS AS7
730+NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE REPORT8
731+DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; AND9
732+(C) P
733+ROVIDED AN EXPLANATION FOR NOT BEING ABLE TO MEET10
734+THE DEADLINE
735+ DESCRIBED IN SUBSECTION (1)(b)(I) OF THIS SECTION.11
736+(c) I
737+F A LOCAL GOVERNMENT THAT IS NOT A SUBJECT JURISDICTION12
738+SUBMITS A REPORT PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION,13
739+THAT LOCAL GOVERNMENT SHALL , AS PART OF THE REPORT, SUBMIT14
740+EVIDENCE OF COMPLYING WITH THE REQUIREMENTS FOR A SUBJECT15
741+JURISDICTION DESCRIBED IN SECTION 29-35-103.16
742+(2) (a) W
743+ITHIN NINETY DAYS OF RECEIVING A LOCAL17
744+GOVERNMENT'S REPORT SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF18
745+THIS SECTION, THE
746+DEPARTMENT SHALL REVIEW THE REPORT , EITHER19
747+APPROVE OR REJECT THE REPORT, AND PROVIDE FEEDBACK TO THE LOCAL20
748+GOVERNMENT ON THE REPORT .21
749+(b) I
750+F THE
751+DEPARTMENT APPROVES A LOCAL GOVERNMENT 'S22
752+REPORT SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION,23
753+THE DEPARTMENT SHALL ISSUE TO THAT LOCAL GOVERNMENT A24
754+CERTIFICATE INDICATING THAT THE LOCAL GOVERNMENT QUALIFIES AS AN25
755+ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION . THE DEPARTMENT26
756+MAY REVOKE SUCH A CERTIFICATE IF A LOCAL GOVERNMENT DOES NOT27
757+1152
758+-20- SATISFY THE REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION.1
759+(c) I
760+F THE
761+DEPARTMENT REJECTS A LOCAL GOVERNMENT 'S REPORT2
762+SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE3
763+DEPARTMENT MAY GRANT THE LOCAL GOVERNMENT AN ADDITIONAL ONE4
764+HUNDRED TWENTY DAYS TO CORRECT ANY DEFICIENCIES IDENTIFIED IN5
765+THE REPORT AND RESUBMIT AN AMENDED REPORT . WITHIN NINETY DAYS6
766+OF RECEIVING AN AMENDED REPORT, THE DEPARTMENT SHALL REVIEW THE7
767+AMENDED REPORT, EITHER APPROVE OR REJECT THE AMENDED REPORT ,8
768+AND PROVIDE FEEDBACK ON THE AMENDED REPORT .9
769+(3) T
770+HE
771+DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT10
772+OF TRANSPORTATION , THE COLORADO ENERGY OFFICE , AND THE11
773+C
774+OLORADO OFFICE OF ECONOMIC DEVELOPMENT , MAY DEVELOP POLICIES12
775+AND PROCEDURES AS NECESSARY TO IMPLEMENT THIS SECTION .13
776+29-35-105. Accessory dwelling unit fee reduction and14
777+encouragement grant program - created - application - criteria -15
778+awards - fund - reporting requirements - rules - definitions - repeal.16
779+(1) T
780+HE ACCESSORY DWELLING UNIT FEE REDUCTION AND17
781+ENCOURAGEMENT GRANT PROGRAM IS CREATED IN THE
782+DEPARTMENT TO18
783+PROVIDE GRANTS TO ACCESSORY DWELLING UNIT SUPPORTIVE19
784+JURISDICTIONS FOR ACTIVITIES THAT PROMOTE THE CONSTRUCTION OF20
785+ACCESSORY DWELLING UNITS , INCLUDING BUT NOT LIMITED TO ,21
786+OFFSETTING COSTS INCURRED IN CONNECTION WITH DEVELOPING22
787+PRE-APPROVED ACCESSORY DWELLING UNIT PLANS , PROVIDING TECHNICAL23
788+ASSISTANCE TO PERSONS CONVERTING OR CONSTRUCTING ACCESSORY24
789+DWELLING UNITS, OR WAIVING, REDUCING, OR PROVIDING FINANCIAL25
790+ASSISTANCE FOR ACCESSORY DWELLING UNIT ASSOCIATED FEES AND26
791+OTHER REQUIRED COSTS.27
792+1152
793+-21- (2) GRANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH1
794+THE GRANT PROGRAM TO OFFSET BOTH ELIGIBLE COSTS AND THE COST OF2
795+WAIVING, REDUCING, OR PROVIDING FINANCIAL ASSISTANCE FOR3
796+REASONABLE AND NECESSARY ACCESSORY DWELLING UNIT FEES AND4
797+OTHER REQUIRED COSTS FOR:5
798+(a) L
799+OW- AND MODERATE-INCOME HOUSEHOLDS;6
800+(b) A
801+FFORDABLE ACCESSORY DWELLING UNITS ;7
612802 (c) A
613-LLOWING THE CONSTRUCTION OR CONVERSION OF AN
614-ACCESSORY DWELLING UNIT THAT IS SMALLER THAN FIVE HUNDRED SQUARE
615-FEET OR GREATER THAN EIGHT HUNDRED SQUARE FEET
616-, OR RESTRICTING THE
617-PAGE 12-HOUSE BILL 24-1152 SIZE OF AN ACCESSORY DWELLING UNIT SO THAT IT IS NO LARGER THAN THE
618-SIZE OF THE PRINCIPAL DWELLING UNIT ON THE SAME LOT AS THE ACCESSORY
619-DWELLING UNIT
620-;
803+CCESSIBLE OR VISITABLE ACCESSORY DWELLING UNITS ;8
621804 (d) A
622-LLOWING THE CONSTRUCTION OR CONVERSION OF MULTIPLE
623-ACCESSORY DWELLING UNITS ON THE SAME LOT
624-;
805+CCESSORY DWELLING UNITS USED AS LONG -TERM RENTALS9
806+FOR MEMBERS OF THE LOCAL WORKFORCE ; OR10
625807 (e) A
626-PPLYING A DESIGN OR DIMENSION STANDARD TO AN ACCESSORY
627-DWELLING UNIT THAT IS NOT A RESTRICTIVE DESIGN OR DIMENSION
628-STANDARD
629-;
630-(f) A
631-DOPTING OR ENFORCING A GENERALLY APPLICABLE
632-REQUIREMENT FOR
633-:
634-(I) T
635-HE PAYMENT OF AN IMPACT FEE OR OTHER SIMILAR
636-DEVELOPMENT CHARGE
637-, PURSUANT TO SECTION 29-20-104.5; OR
638-(II) THE MITIGATION OF IMPACTS IN CONFORMANCE WITH THE
639-REQUIREMENTS OF PART
640-2 OF ARTICLE 20 OF THIS TITLE 29;
641-(g) E
642-NACTING OR APPLYING A LOCAL LAW CONCERNING THE
643-SHORT
644--TERM RENTAL OF AN ACCESSORY DWELLING UNIT OR ANY OTHER
645-DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT
646-;
647-(h) A
648-PPLYING THE DESIGN STANDARDS AND PROCEDURES OF A
649-HISTORIC DISTRICT TO A LOT ON WHICH AN ACCESSORY DWELLING UNIT IS
650-ALLOWED IN THAT HISTORIC DISTRICT
651-, INCLUDING A STANDARD OR
652-PROCEDURE RELATED TO DEMOLITION
653-;
654-(i) A
655-PPLYING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY
656-CODE
657-, INCLUDING BUT NOT LIMITED TO , A BUILDING, FIRE, UTILITY, OR
658-STORMWATER CODE
659-;
660-(j) A
661-LLOWING THE CONSTRUCTION OF , OR ISSUING A PERMIT FOR THE
662-CONSTRUCTION OF
663-, A SINGLE-UNIT DETACHED DWELLING IN AN AREA ZONED
664-FOR SINGLE
665--UNIT DETACHED DWELLINGS ;
666-(k) E
667-NCOURAGING THE CONSTRUCTION OF ACCESSORY DWELLING
668-UNITS THAT ARE
669-, THROUGH THE APPLICATION OF LOCAL LAWS OR PROGRAMS
670-INCLUDING THROUGH DEED RESTRICTIONS
671-, MADE AFFORDABLE TO
672-PAGE 13-HOUSE BILL 24-1152 HOUSEHOLDS UNDER CERTAIN INCOME LIMITS OR USED PRIMARILY TO HOUSE
673-THE LOCAL WORKFORCE PURSUANT TO A LOCAL
674-, REGIONAL, OR STATE
675-AFFORDABLE HOUSING PROGRAM
676-;
677-(l) D
678-EFINING ACCESSORY DWELLING UNIT IN LOCAL LAW AS
679-INCLUDING OR EXCLUDING OTHER DWELLING UNIT TYPES SUCH AS A
680-"MOTOR
681-HOME
682-", AS DEFINED IN SECTION 42-1-102 (57), A "MULTIPURPOSE TRAILER",
683-AS DEFINED IN SECTION 42-1-102 (60.3), AND A "RECREATIONAL VEHICLE",
684-AS DEFINED IN SECTION 24-32-902 (9); OR
685-(m) REQUIRING A STATEMENT BY A WATER OR WASTEWATER
686-SERVICE PROVIDER REGARDING ITS CAPACITY TO SERVICE THE PROPERTY AS
687-A CONDITION OF PERMITTING AN ACCESSORY DWELLING UNIT
688-.
808+CCESSORY DWELLING UNITS USED TO SUPPORT OTHER11
809+DEMONSTRATED HOUSING NEEDS IN THE COMMUNITY .12
810+(3) T
811+HE
812+DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM13
813+AND, SUBJECT TO AVAILABLE APPROPRIATIONS , PROVIDE TECHNICAL14
814+ASSISTANCE, DEVELOP A TOOLKIT TO SUPPORT LOCAL GOVERNMENTS IN15
815+ENCOURAGING ACCESSORY DWELLING UNIT CONSTRUCTION, RECEIVE16
816+GRANT APPLICATIONS AND AWARD GRANTS AS PROVIDED IN THIS SECTION .17
689817 (4) T
690-HIS SECTION ONLY APPLIES TO A PARCEL IN A SUBJECT
691-JURISDICTION THAT IS NOT AN EXEMPT PARCEL
692-.
693-29-35-104. Accessory dwelling unit supportive jurisdiction
694-report - certification of a jurisdiction as an accessory dwelling unit
695-supportive jurisdiction. (1) (a) I
696-N ORDER TO BE CERTIFIED AS AN
697-ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION BY THE
698-DEPARTMENT
699-, A LOCAL GOVERNMENT MUST SUBMIT TO THE DEPARTMENT ,
700-IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , A REPORT
701-DEMONSTRATING EVIDENCE OF THE LOCAL GOVERNMENT
702-:
703-(I) C
704-OMPLYING WITH SECTION 29-35-103 AS A SUBJECT JURISDICTION
705-OR
706-, IF THE LOCAL GOVERNMENT IS NOT A SUBJECT JURISDICTION , AS IF THE
707-LOCAL GOVERNMENT WERE A SUBJECT JURISDICTION FOR PURPOSES OF
708-SECTION
709-29-35-103; AND
710-(II) IMPLEMENTING ONE OR MORE OF THE FOLLOWING STRATEGIES :
711-(A) W
712-AIVING, REDUCING, OR PROVIDING FINANCIAL ASSISTANCE FOR
713-ACCESSORY DWELLING UNIT
714--RELATED FEES THAT ARE INCURRED BY LOW -
715-AND MODERATE-INCOME HOUSEHOLDS;
716-(B) E
717-NACTING LOCAL LAWS OR PROGRAMS THAT INCENTIVIZE THE
718-AFFORDABILITY OF CERTAIN ACCESSORY DWELLING UNITS INCLUDING
719-ACCESSORY DWELLING UNITS USED PRIMARILY TO HOUSE THE LOCAL
720-WORKFORCE
721-;
722-PAGE 14-HOUSE BILL 24-1152 (C) PROVIDING PRE-APPROVED PLANS FOR THE CONSTRUCTION OF
723-ACCESSORY DWELLING UNITS
724-;
725-(D) I
726-MPLEMENTING A PROGRAM TO PROVIDE EDUCATION AND
727-TECHNICAL ASSISTANCE TO HOMEOWNERS TO CONSTRUCT OR CONVERT AN
728-ACCESSORY DWELLING UNIT
729-;
818+O RECEIVE A GRANT, AN ACCESSORY DWELLING UNIT18
819+SUPPORTIVE JURISDICTION MUST SU BMIT AN APPLICATION TO THE19 DEPARTMENT IN ACCORDANCE WITH THE POLICIES AND PROCEDURES20
820+DEVELOPED BY THE DEPARTMENT PURSUANT TO SUBSECTION (9) OF THIS21
821+SECTION. AT A MINIMUM, THE APPLICATION MUST INCLUDE THE22
822+FOLLOWING:23
823+(a) A
824+ COPY OF THE CERTIFICATE ISSUED BY THE
825+DEPARTMENT24
826+PURSUANT TO SECTION 29-35-104 CERTIFYING THAT THE LOCAL25
827+GOVERNMENT IS AN ACCESSORY DWELLING UNIT SUPPORTIVE26
828+JURISDICTION;27
829+1152
830+-22- (b) THE NUMBER OF ACCESSORY DWELLING UNITS THAT THE LOCAL1
831+GOVERNMENT HAS PERMITTED AND WHEN THE LOCAL GOVERNMENT2
832+PERMITTED THOSE ACCESSORY DWELLING UNITS ;3
833+(c) T
834+HE TYPE AND COSTS OF FEES AND OTHER ELIGIBLE COSTS THAT4
835+THE LOCAL GOVERNMENT IS PROPOSING TO USE A GRANT AWARD TO PAY5
836+FOR;6
837+(d) T
838+HE NUMBER OF ACCESSORY DWELLING UNITS THAT THE LOCAL7
839+GOVERNMENT EXPECTS TO SUPPORT WITH A GRANT AWARD AND THE8
840+PERIOD FOR WHICH THE LOCAL GOVERNMENT INTENDS TO SUPPORT THOSE9
841+ACCESSORY DWELLING UNITS ; AND10
730842 (e) I
731-MPLEMENTING A PROGRAM TO REGULATE THE USE OF
732-ACCESSORY DWELLING UNITS FOR SHORT
733--TERM RENTALS;
734-(F) E
735-NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION
736-AND CONVERSION OF ACCESSIBLE AND VISITABLE ACCESSORY DWELLING
737-UNITS
738-;
739-(G) A
740-SSISTING PROPERTY OWNERS WITH ENSURING THAT
741-PRE
742--EXISTING ACCESSORY DWELLING UNITS COMPLY WITH LOCAL LAWS ;
743-(H) E
744-NABLING A PATHWAY FOR THE SEPARATE SALE OF AN
745-ACCESSORY DWELLING UNIT
746-;
747-(I) E
748-NACTING LOCAL LAWS THAT ENCOURAGE THE CONSTRUCTION
749-OF ACCESSORY DWELLING UNITS THAT ARE FACTORY
750--BUILT RESIDENTIAL
751-STRUCTURES
752-, AS DEFINED IN SECTION 24-32-3302 (10); OR
753-(J) ANY OTHER STRATEGY THAT IS APPROVED BY THE DEPARTMENT
754-AND THAT ENCOURAGES THE CONSTRUCTION
755-, CONVERSION, OR USE OF
756-ACCESSORY DWELLING UNITS
757-.
758-(b) (I) O
759-N OR BEFORE JUNE 30, 2025, A SUBJECT JURISDICTION SHALL
760-SUBMIT THE REPORT DESCRIBED IN SUBSECTION
761- (1)(a) OF THIS SECTION.
843+NFORMATION ABOUT THE TYPES OF HOUSEHOLDS AND11
844+ACCESSORY DWELLING UNITS THAT THE LOCAL GOVERNMENT INTENDS TO12
845+SUPPORT WITH A GRANT AWARD , SUCH AS WHETHER THE LOCAL13
846+GOVERNMENT INTENDS TO SUPPORT LOW - AND MODERATE -INCOME14
847+HOUSEHOLDS, AFFORDABLE ACCESSORY DWELLING UNITS , ACCESSIBLE OR15
848+VISITABLE ACCESSORY DWELLING UNITS, ACCESSORY DWELLING UNITS FOR16
849+HOUSING THE LOCAL WORKFORCE , OR ACCESSORY DWELLING UNITS17
850+SUPPORTING OTHER DEMONSTRATED HOUSING NEEDS IN THE COMMUNITY .18
851+(5) T
852+HE
853+DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED19
854+PURSUANT TO SUBSECTION (4) OF THIS SECTION. IN AWARDING GRANTS,20
855+THE DEPARTMENT SHALL GIVE PRIORITY TO LOCAL GOVERNMENTS THAT :21
856+(a) I
857+MPOSE ACCESSORY DWELLING UNIT FEES AND COSTS THAT ARE22
858+REASONABLE AND NECESSARY ;
859+ 23
860+(b) H
861+AVE DEMONSTRATED A SIGNIFICANT COMMITMENT TO24
862+FURTHER CONSTRUCTION AND CONVERSION OF ACCESSORY DWELLING25
863+UNITS THROUGH THE ADOPTION OF STRATEGIES DESCRIBED IN SECTION26 29-35-104 (1)(a)(II); AND27
864+1152
865+-23- (c) PROVIDE OFFSETS FOR, OR WAIVE A GREATER NUMBER OF1
866+ACCESSORY DWELLING UNIT FEES FOR :2
867+(I) LOW- AND MODERATE-INCOME HOUSEHOLDS; OR3
868+(II) ACCESSORY DWELLING UNITS THAT ARE RENTED TO LOW- AND4
869+MODERATE-INCOME HOUSEHOLDS.5
870+(6) I
871+N AWARDING A GRANT, THE
872+DEPARTMENT SHALL AWARD A6
873+LOCAL GOVERNMENT AN AMOUNT EQUAL TO NO MORE THAN FIFTEEN7
874+THOUSAND DOLLARS PER ACCESSORY DWELLING UNIT PERMITTED BY THE8
875+LOCAL GOVERNMENT , TO BE REIMBURSED BASED ON THE NUMBER OF9
876+PERMITTED ACCESSORY DWELLING UNITS .10
877+(7) (a) T
878+HE ACCESSORY DWELLING UNIT FEE REDUCTION AND11
879+ENCOURAGEMENT GRANT PROGRAM FUND IS CREATED IN THE STATE12
880+TREASURY. THE FUND CONSISTS OF ANY MONEY THAT THE GENERAL13
881+ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND GIFTS ,14
882+GRANTS, OR DONATIONS CREDITED TO THE FUND . THE STATE TREASURER15
883+SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT16
884+AND INVESTMENT OF MONEY IN THE FUND TO THE FUND .17
885+(b) S
886+UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL18
887+ASSEMBLY, THE
888+DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR19
889+THE PURPOSE OF IMPLEMENTING AND ADMINISTERING THE GRANT20
890+PROGRAM.21
891+(c) O
892+N OR BEFORE JUNE 30, 2024, THE STATE TREASURER SHALL22
893+TRANSFER
894+FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .23
895+(8) I
896+N ACCORDANCE WITH THE POLICIES AND PROCEDURES24
897+DEVELOPED BY THE
898+DEPARTMENT PURSUANT TO SUBSECTION (9) OF THIS25
899+SECTION, EACH LOCAL GOVERNMENT THAT RECEIVES A GRANT THROUGH26
900+THE GRANT PROGRAM SHALL SUBMIT A REPORT TO THE DEPARTMENT. AT27
901+1152
902+-24- A MINIMUM, THE REPORT MUST INCLUDE THE FOLLOWING INFORMATION :1
903+(a) T
904+HE NUMBER OF ACCESSORY DWELLING UNITS WITH2
905+ACCESSORY DWELLING UNIT FEES OR COSTS THAT LOCAL GOVERNMENTS3
906+WAIVED, REDUCED, OR PROVIDED FINANCIAL ASSISTANCE FOR IN THE PAST
907+4
908+YEAR;5
909+(b) T
910+HE TOTAL AMOUNT OF ELIGIBLE COSTS THAT LOCAL6
911+GOVERNMENTS INCURRED AND WERE REIMBURSED FOR THROUGH THE7
912+GRANT PROGRAM IN THE PAST YEAR IN CONNECTION WITH THE GRANT8
913+PROGRAM;9
914+(c) T
915+HE NUMBER OF THE ACCESSORY DWELLING UNITS DESCRIBED10
916+IN SUBSECTION (8)(a) OF THIS SECTION THAT WERE BUILT IN THE PAST11
917+YEAR THAT WERE BUILT BY LOW- AND MODERATE-INCOME HOUSEHOLDS,12
918+THAT ARE AFFORDABLE ACCESSORY DWELLING UNITS , AND
919+ THAT ARE13
920+VISITABLE OR ACCESSIBLE ACCESSORY DWELLING UNITS;14
921+(d) T
922+HE NUMBER OF ACCESSORY DWELLING UNITS THAT ARE15
923+FACTORY-BUILT RESIDENTIAL STRUCTURES , AS DEFINED IN SECTION16
924+24-32-3302
925+ (10); AND17
926+(e) T
927+HE NUMBER OF ACCESSORY DWELLING UNIT PERMITS18
928+AWARDED, DENIED, OR IN PROGRESS IN THE LOCAL GOVERNMENT 'S19
929+JURISDICTION.20
930+(9) T
931+HE
932+DEPARTMENT SHALL IMPLEMENT THE GRANT PROGRAM IN21
933+ACCORDANCE WITH THIS SECTION . THE DEPARTMENT SHALL DEVELOP , IN22
934+CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION , THE23
935+C
936+OLORADO ENERGY OFFICE, AND THE COLORADO OFFICE OF ECONOMIC24
937+DEVELOPMENT, POLICIES AND PROCEDURES BOTH AS REQUIRED IN THIS25
938+SECTION AND AS MAY BE NECESSARY TO IMPLEMENT THE GRANT26
939+PROGRAM.27
940+1152
941+-25- (10) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE1
942+REQUIRES:2
943+(a) "A
944+CCESSORY DWELLING UNIT FEE" MEANS A REASONABLE AND3
945+NECESSARY FEE COLLECTED OR REQUIRED BY A LOCAL GOVERNMENT IN4
946+CONNECTION WITH THE CONSTRUCTION OR C ONVERSION OF AN ACCESSORY5
947+DWELLING UNIT. SUCH A FEE MAY INCLUDE IMPACT FEES.6
948+(b) (I) "E
949+LIGIBLE COSTS" MEANS COSTS INCURRED BY A LOCAL7
950+GOVERNMENT AND DETERMINED BY THE
951+DEPARTMENT TO BE INCURRED IN8
952+CONNECTION WITH DEVELOPING PRE -APPROVED ACCESSORY DWELLING9
953+UNIT PLANS, PROVIDING TECHNICAL ASSISTANCE TO PERSONS CONVERTING10
954+OR CONSTRUCTING ACCESSORY DWELLING UNITS , OR OTHER REASONABLE11
955+AND NECESSARY FEES LEVIED BY OR COSTS BORNE BY THE LOCAL12
956+GOVERNMENT FOR THE CONSTRUCTION OR CONVERSION OF AN ACCESSORY13
957+DWELLING UNIT.14
762958 (II) N
763-OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION, THE
764-DEPARTMENT MAY ALLOW A SUBJECT JURISDICTION TO SUBMIT THE REPORT
765-DESCRIBED IN SUBSECTION
766- (1)(a) OF THIS SECTION NO MORE THAN SIX
767-MONTHS AFTER THE DEADLINE DESCRIBED IN SUBSECTION
768- (1)(b)(I) OF THIS
769-SECTION IF THE SUBJECT JURISDICTION DEMONSTRATES
770-, IN A FORM AND
771-MANNER DETERMINED BY THE DEPARTMENT
772-, THAT THE SUBJECT
773-JURISDICTION HAS
774-:
775-(A) I
776-NITIATED A PROCESS TO UPDATE ITS LOCAL LAWS AS NECESSARY
777-PAGE 15-HOUSE BILL 24-1152 TO COMPLY WITH THE REQUIREMENTS OF THE REPORT DESCRIBED IN
778-SUBSECTION
779- (1)(a) OF THIS SECTION;
780-(B) A
781- PLAN AND TIMELINE TO UPDATE ITS LOCAL LAWS AS
782-NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE REPORT
783-DESCRIBED IN SUBSECTION
784- (1)(a) OF THIS SECTION; AND
785-(C) PROVIDED AN EXPLANATION FOR NOT BEING ABLE TO MEET THE
786-DEADLINE DESCRIBED IN SUBSECTION
787- (1)(b)(I) OF THIS SECTION.
788-(c) I
789-F A LOCAL GOVERNMENT THAT IS NOT A SUBJECT JURISDICTION
790-SUBMITS A REPORT PURSUANT TO SUBSECTION
791- (1)(a) OF THIS SECTION, THAT
792-LOCAL GOVERNMENT SHALL
793-, AS PART OF THE REPORT, SUBMIT EVIDENCE OF
794-COMPLYING WITH THE REQUIREMENTS FOR A SUBJECT JURISDICTION
795-DESCRIBED IN SECTION
796-29-35-103.
797-(2) (a) W
798-ITHIN NINETY DAYS OF RECEIVING A LOCAL GOVERNMENT 'S
799-REPORT SUBMITTED PURSUANT TO SUBSECTION
800- (1)(a) OF THIS SECTION, THE
801-DEPARTMENT SHALL REVIEW THE REPORT
802-, EITHER APPROVE OR REJECT THE
803-REPORT
804-, AND PROVIDE FEEDBACK TO THE LOCAL GOVERNMENT ON THE
805-REPORT
806-.
807-(b) I
808-F THE DEPARTMENT APPROVES A LOCAL GOVERNMENT 'S REPORT
809-SUBMITTED PURSUANT TO SUBSECTION
810- (1)(a) OF THIS SECTION, THE
811-DEPARTMENT SHALL ISSUE TO THAT LOCAL GOVERNMENT A CERTIFICATE
812-INDICATING THAT THE LOCAL GOVERNMENT QUALIFIES AS AN ACCESSORY
813-DWELLING UNIT SUPPORTIVE JURISDICTION
814-. THE DEPARTMENT MAY REVOKE
815-SUCH A CERTIFICATE IF A LOCAL GOVERNMENT DOES NOT SATISFY THE
816-REQUIREMENTS OF SUBSECTION
817- (1)(a) OF THIS SECTION.
818-(c) I
819-F THE DEPARTMENT REJECTS A LOCAL GOVERNMENT 'S REPORT
820-SUBMITTED PURSUANT TO SUBSECTION
821- (1)(a) OF THIS SECTION, THE
822-DEPARTMENT MAY GRANT THE LOCAL GOVERNMENT AN ADDITIONAL ONE
823-HUNDRED TWENTY DAYS TO CORRECT ANY DEFICIENCIES IDENTIFIED IN THE
824-REPORT AND RESUBMIT AN AMENDED REPORT
825-. WITHIN NINETY DAYS OF
826-RECEIVING AN AMENDED REPORT
827-, THE DEPARTMENT SHALL REVIEW THE
828-AMENDED REPORT
829-, EITHER APPROVE OR REJECT THE AMENDED REPORT , AND
830-PROVIDE FEEDBACK ON THE AMENDED REPORT
831-.
832-(3) T
833-HE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
834-PAGE 16-HOUSE BILL 24-1152 TRANSPORTATION, THE COLORADO ENERGY OFFICE , AND THE COLORADO
835-OFFICE OF ECONOMIC DEVELOPMENT
836-, MAY DEVELOP POLICIES AND
837-PROCEDURES AS NECESSARY TO IMPLEMENT THIS SECTION
838-.
839-29-35-105. Accessory dwelling unit fee reduction and
840-encouragement grant program - created - application - criteria -
841-awards - fund - reporting requirements - rules - definitions - repeal.
842-(1) T
843-HE ACCESSORY DWELLING UNIT FEE REDUCTION AND ENCOURAGEMENT
844-GRANT PROGRAM IS CREATED IN THE DEPARTMENT TO PROVIDE GRANTS TO
845-ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTIONS FOR ACTIVITIES
846-THAT PROMOTE THE CONSTRUCTION OF ACCESSORY DWELLING UNITS
847-,
848-INCLUDING BUT NOT LIMITED TO , OFFSETTING COSTS INCURRED IN
849-CONNECTION WITH DEVELOPING PRE
850--APPROVED ACCESSORY DWELLING UNIT
851-PLANS
852-, PROVIDING TECHNICAL ASSISTANCE TO PERSONS CONVERTING OR
853-CONSTRUCTING ACCESSORY DWELLING UNITS
854-, OR WAIVING, REDUCING, OR
855-PROVIDING FINANCIAL ASSISTANCE FOR ACCESSORY DWELLING UNIT
856-ASSOCIATED FEES AND OTHER REQUIRED COSTS
857-.
858-(2) G
859-RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH
860-THE GRANT PROGRAM TO OFFSET BOTH ELIGIBLE COSTS AND THE COST OF
861-WAIVING
862-, REDUCING, OR PROVIDING FINANCIAL ASSISTANCE FOR
863-REASONABLE AND NECESSARY ACCESSORY DWELLING UNIT FEES AND OTHER
864-REQUIRED COSTS FOR
865-:
866-(a) L
867-OW- AND MODERATE-INCOME HOUSEHOLDS;
868-(b) A
869-FFORDABLE ACCESSORY DWELLING UNITS ;
870-(c) A
871-CCESSIBLE OR VISITABLE ACCESSORY DWELLING UNITS ;
872-(d) A
873-CCESSORY DWELLING UNITS USED AS LONG -TERM RENTALS FOR
874-MEMBERS OF THE LOCAL WORKFORCE
875-; OR
876-(e) ACCESSORY DWELLING UNITS USED TO SUPPORT OTHER
877-DEMONSTRATED HOUSING NEEDS IN THE COMMUNITY
878-.
879-(3) T
880-HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM AND ,
881-SUBJECT TO AVAILABLE APPROPRIATIONS, PROVIDE TECHNICAL ASSISTANCE,
882-DEVELOP A TOOLKIT TO SUPPORT LOCAL GOVERNMENTS IN ENCOURAGING
883-ACCESSORY DWELLING UNIT CONSTRUCTION
884-, RECEIVE GRANT APPLICATIONS
885-PAGE 17-HOUSE BILL 24-1152 AND AWARD GRANTS AS PROVIDED IN THIS SECTION .
886-(4) T
887-O RECEIVE A GRANT , AN ACCESSORY DWELLING UNIT
888-SUPPORTIVE JURISDICTION MUST SUBMIT AN APPLICATION TO THE
889-DEPARTMENT IN ACCORDANCE WITH THE POLICIES AND PROCEDURES
890-DEVELOPED BY THE DEPARTMENT PURSUANT TO SUBSECTION
891-(9) OF THIS
892-SECTION
893-. AT A MINIMUM, THE APPLICATION MUST INCLUDE THE FOLLOWING :
894-(a) A
895- COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT
896-PURSUANT TO SECTION
897-29-35-104 CERTIFYING THAT THE LOCAL
898-GOVERNMENT IS AN ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION
899-;
900-(b) T
901-HE NUMBER OF ACCESSORY DWELLING UNITS THAT THE LOCAL
902-GOVERNMENT HAS PERMITTED AND WHEN THE LOCAL GOVERNMENT
903-PERMITTED THOSE ACCESSORY DWELLING UNITS
904-;
905-(c) T
906-HE TYPE AND COSTS OF FEES AND OTHER ELIGIBLE COSTS THAT
907-THE LOCAL GOVERNMENT IS PROPOSING TO USE A GRANT AWARD TO PAY
908-FOR
909-;
910-(d) T
911-HE NUMBER OF ACCESSORY DWELLING UNITS THAT THE LOCAL
912-GOVERNMENT EXPECTS TO SUPPORT WITH A GRANT AWARD AND THE PERIOD
913-FOR WHICH THE LOCAL GOVERNMENT INTENDS TO SUPPORT THOSE
914-ACCESSORY DWELLING UNITS
915-; AND
916-(e) INFORMATION ABOUT THE TYPES OF HOUSEHOLDS AND
917-ACCESSORY DWELLING UNITS THAT THE LOCAL GOVERNMENT INTENDS TO
918-SUPPORT WITH A GRANT AWARD
919-, SUCH AS WHETHER THE LOCAL
920-GOVERNMENT INTENDS TO SUPPORT LOW
921-- AND MODERATE -INCOME
922-HOUSEHOLDS
923-, AFFORDABLE ACCESSORY DWELLING UNITS , ACCESSIBLE OR
924-VISITABLE ACCESSORY DWELLING UNITS
925-, ACCESSORY DWELLING UNITS FOR
926-HOUSING THE LOCAL WORKFORCE
927-, OR ACCESSORY DWELLING UNITS
928-SUPPORTING OTHER DEMONSTRATED HOUSING NEEDS IN THE COMMUNITY
929-.
930-(5) T
931-HE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED
932-PURSUANT TO SUBSECTION
933-(4) OF THIS SECTION. IN AWARDING GRANTS, THE
934-DEPARTMENT SHALL GIVE PRIORITY TO LOCAL GOVERNMENTS THAT
935-:
936-(a) I
937-MPOSE ACCESSORY DWELLING UNIT FEES AND COSTS THAT ARE
938-REASONABLE AND NECESSARY
939-;
940-PAGE 18-HOUSE BILL 24-1152 (b) HAVE DEMONSTRATED A SIGNIFICANT COMMITMENT TO FURTHER
941-CONSTRUCTION AND CONVERSION OF ACCESSORY DWELLING UNITS THROUGH
942-THE ADOPTION OF STRATEGIES DESCRIBED IN SECTION
943- 29-35-104 (1)(a)(II);
944-AND
945-(c) PROVIDE OFFSETS FOR, OR WAIVE A GREATER NUMBER OF
946-ACCESSORY DWELLING UNIT FEES FOR
947-:
948-(I) L
949-OW- AND MODERATE-INCOME HOUSEHOLDS; OR
950-(II) ACCESSORY DWELLING UNITS THAT ARE RENTED TO LOW - AND
951-MODERATE
952--INCOME HOUSEHOLDS.
953-(6) I
954-N AWARDING A GRANT , THE DEPARTMENT SHALL AWARD A
955-LOCAL GOVERNMENT AN AMOUNT E QUAL TO NO MORE THAN FIFTEEN
956-THOUSAND DOLLARS PER ACCESSORY DWELLING UNIT PERMITTED BY THE
957-LOCAL GOVERNMENT
958-, TO BE REIMBURSED BASED ON THE NUMBER OF
959-PERMITTED ACCESSORY DWELLING UNITS
960-.
961-(7) (a) T
962-HE ACCESSORY DWELLING UNIT FEE REDUCTION AND
963-ENCOURAGEMENT GRANT PROGRAM FUND IS CREATED IN THE STATE
964-TREASURY
965-. THE FUND CONSISTS OF ANY MONEY THAT THE GENERAL
966-ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND GIFTS
967-,
968-GRANTS, OR DONATIONS CREDITED TO THE FUND . THE STATE TREASURER
969-SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
970-INVESTMENT OF MONEY IN THE FUND TO THE FUND
971-.
972-(b) S
973-UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
974-ASSEMBLY
975-, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR THE
976-PURPOSE OF IMPLEMENTING AND ADMINISTERING THE GRANT PROGRAM
977-.
978-(c) O
979-N OR BEFORE JUNE 30, 2024, THE STATE TREASURER SHALL
980-TRANSFER FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
981-.
982-(8) I
983-N ACCORDANCE WITH THE POLICIES AND PROCEDURES
984-DEVELOPED BY THE DEPARTMENT PURSUANT TO SUBSECTION
985-(9) OF THIS
986-SECTION
987-, EACH LOCAL GOVERNMENT THAT RECEIVES A GRANT THR OUGH THE
988-GRANT PROGRAM SHALL SUBMIT A REPORT TO THE DEPARTMENT
989-. AT A
990-MINIMUM
991-, THE REPORT MUST INCLUDE THE FOLLOWING INFORMATION :
992-PAGE 19-HOUSE BILL 24-1152 (a) THE NUMBER OF ACCESSORY DWELLING UNITS WITH ACCESSORY
993-DWELLING UNIT FEES OR COSTS THAT LOCAL GOVERNMENTS WAIVED
994-,
995-REDUCED, OR PROVIDED FINANCIAL ASSISTANCE FOR IN THE PAST YEAR ;
996-(b) T
997-HE TOTAL AMOUNT OF ELIGIBLE COSTS THAT LOCAL
998-GOVERNMENTS INCURRED AND WERE REIMBURSED FOR THROUGH THE GRANT
999-PROGRAM IN THE PAST YEAR IN CONNECTION WITH THE GRANT PROGRAM
1000-;
1001-(c) T
1002-HE NUMBER OF THE ACCESSORY DWELLING UNITS DESCRIBED IN
1003-SUBSECTION
1004- (8)(a) OF THIS SECTION THAT WERE BUILT IN THE PAST YEAR
1005-THAT WERE BUILT BY LOW
1006-- AND MODERATE-INCOME HOUSEHOLDS, THAT
1007-ARE AFFORDABLE ACCESSORY DWELLING UNITS
1008-, AND THAT ARE VISITABLE
1009-OR ACCESSIBLE ACCESSORY DWELLING UNITS
1010-;
1011-(d) T
1012-HE NUMBER OF ACCESSORY DWELLING UNITS THAT ARE
1013-FACTORY
1014--BUILT RESIDENTIAL STRUCTURES , AS DEFINED IN SECTION
1015-24-32-3302 (10); AND
1016-(e) THE NUMBER OF ACCESSORY DWELLING UNIT PERMITS AWARDED ,
1017-DENIED, OR IN PROGRESS IN THE LOCAL GOVERNMENT 'S JURISDICTION.
1018-(9) T
1019-HE DEPARTMENT SHALL IMPLEMENT THE GRANT PROGRAM IN
1020-ACCORDANCE WITH THIS SECTION
1021-. THE DEPARTMENT SHALL DEVELOP , IN
1022-CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION
1023-, THE
1024-COLORADO ENERGY OFFICE , AND THE COLORADO OFFICE OF ECONOMIC
1025-DEVELOPMENT
1026-, POLICIES AND PROCEDURES BOTH AS REQUIRED IN THIS
1027-SECTION AND AS MAY BE NECESSARY TO IMPLEMENT THE GRANT PROGRAM
1028-.
1029-(10) A
1030-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
1031-REQUIRES
1032-:
1033-(a) "A
1034-CCESSORY DWELLING UNIT FEE" MEANS A REASONABLE AND
1035-NECESSARY FEE COLLECTED OR REQUIRED BY A LOCAL GOVERNMENT IN
1036-CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF AN ACCESSORY
1037-DWELLING UNIT
1038-. SUCH A FEE MAY INCLUDE IMPACT FEES.
1039-(b) (I) "E
1040-LIGIBLE COSTS" MEANS COSTS INCURRED BY A LOCAL
1041-GOVERNMENT AND DETERMINED BY THE DEPARTMENT TO BE INCURRED IN
1042-CONNECTION WITH DEVELOPING PRE
1043--APPROVED ACCESSORY DWELLING UNIT
1044-PLANS
1045-, PROVIDING TECHNICAL ASSISTANCE TO PERSONS CONVERTING OR
1046-PAGE 20-HOUSE BILL 24-1152 CONSTRUCTING ACCESSORY DWELLING UNITS , OR OTHER REASONABLE AND
1047-NECESSARY FEES LEVIED BY OR COSTS BORNE BY THE LOCAL GOVERNMENT
1048-FOR THE CONSTRUCTION OR CONVERSION OF AN ACCESSORY DWELLING UNIT
1049-.
1050-(II) N
1051-OTWITHSTANDING SUBSECTION (10)(b)(I) OF THIS SECTION, IN
1052-ORDER FOR COSTS INCURRED BY A LOCAL GOVERNMENT IN CONNECTION
1053-WITH DEVELOPING PRE
1054--APPROVED ACCESSORY DWELLING UNIT PLANS TO
1055-QUALIFY AS ELIGIBLE COSTS
1056-, AT LEAST ONE SUCH PRE-APPROVED ACCESSORY
1057-DWELLING UNIT PLAN MUST BE FOR AN ACCESSIBLE OR VISITABLE
1058-ACCESSORY DWELLING UNIT
1059-.
959+OTWITHSTANDING SUBSECTION (10)(b)(I) OF THIS SECTION,15
960+IN ORDER FOR COSTS INCURRED BY A LOCAL GOVERNMENT IN CONNECTION16
961+WITH DEVELOPING PRE-APPROVED ACCESSORY DWELLING UNIT PLANS TO17
962+QUALIFY AS ELIGIBLE COSTS , AT LEAST ONE SUCH PRE -APPROVED18
963+ACCESSORY DWELLING UNIT PLAN MUST BE FOR AN ACCESSIBLE OR19
964+VISITABLE ACCESSORY DWELLING UNIT .20
1060965 (c) "F
1061-UND" MEANS THE ACCESSORY DWELLING UNIT FEE REDUCTION
1062-AND ENCOURAGEMENT GRANT PROGRAM FUND CREATED IN SUBSECTION
1063-(7)
1064-OF THIS SECTION.
966+UND" MEANS THE ACCESSORY DWELLING UNIT FEE21
967+REDUCTION AND ENCOURAGEMENT GRANT PROGRAM FUND CREATED IN22
968+SUBSECTION (7) OF THIS SECTION.23
1065969 (d) "G
1066-RANT PROGRAM" MEANS THE ACCESSORY DWELLING UNIT FEE
1067-REDUCTION AND ENCOURAGEMENT GRANT PROGRAM CREATED IN THIS
1068-SECTION
1069-.
970+RANT PROGRAM" MEANS THE ACCESSORY DWELLING UNIT24
971+FEE REDUCTION AND ENCOURAGEMENT GRANT PROGRAM CREATED IN THIS25
972+SECTION.26
1070973 (11) T
1071-HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2030.
1072-SECTION 2. In Colorado Revised Statutes, 24-32-3305, add (3.3)
1073-as follows:
1074-24-32-3305. Rules - advisory committee - enforcement. (3.3) T
1075-HE
1076-DEPARTMENT SHALL CREATE FOR FACTORY
1077--BUILT STRUCTURES, INCLUDING
1078-THOSE THAT WOULD BE CONSIDERED ACCESSORY DWELLING UNITS
1079-, MODEL
1080-PUBLIC SAFETY CODE REQUIREMENTS RELATED TO GEOGRAPHIC OR CLIMATIC
1081-CONDITIONS
1082-, SUCH AS WEIGHT RESTRICTIONS FOR ROOF SNOW LOADS , WIND
1083-SHEAR FACTORS
1084-, OR WILDFIRE RISK, FOR LOCAL GOVERNMENTS TO CONSIDER
1085-AND ADOPT PURSUANT TO SECTION
1086- 24-32-3318 (2)(a).
1087-SECTION 3. In Colorado Revised Statutes, 24-46-104, add (1)(q)
1088-as follows:
1089-24-46-104. Powers and duties of commission - repeal. (1) The
1090-commission has the following powers and duties:
1091-(q) (I) T
1092-O EXPEND EIGHT MILLION DOLLARS TO CONTRACT WITH THE
1093-COLORADO HOUSING AND FINANCE AUTHORITY , CREATED IN PART 7 OF
1094-PAGE 21-HOUSE BILL 24-1152 ARTICLE 4 OF TITLE 29, FOR THE CREATION AND OPERATION OF ONE OR MORE
1095-OF THE FOLLOWING PROGRAMS TO BENEFIT LOW
1096-- TO MODERATE-INCOME
1097-RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE BEEN CERTIFIED AS
1098-ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTIONS BY THE
1099-DEPARTMENT OF LOCAL AFFAIRS
1100-:
1101-(A) A
1102-N ACCESSORY DWELLING UNIT CREDIT ENHANCEMENT
1103-PROGRAM THAT SUPPORTS LENDERS OFFERING AFFORDABLE LOANS TO
1104-ELIGIBLE LOW
1105-- AND MODERATE -INCOME BORROWERS FOR THE
1106-CONSTRUCTION OR CONVERSION OF ACCESSORY DWELLING UNITS
1107-;
1108-(B) A
1109- PROGRAM THAT ALLOWS FOR THE BUYING DOWN OF INTEREST
1110-RATES ON LOANS MADE TO ELIGIBLE LOW
1111-- AND MODERATE -INCOME
1112-BORROWERS IN CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF
1113-ACCESSORY DWELLING UNITS
1114-;
1115-(C) A
1116- PROGRAM THAT OFFERS DOWN PAYMENT ASSISTANCE IN
1117-CONNECTION WITH ACCESSORY DWELLING UNITS
1118-, PRINCIPAL REDUCTION ON
1119-LOANS TO ELIGIBLE LOW
1120-- AND MODERATE-INCOME BORROWERS MADE IN
1121-CONNECTION WITH ACCESSORY DWELLING UNITS
1122-, OR BOTH; OR
1123-(D) A PROGRAM IN WHICH THE COLORADO HOUSING AND FINANCE
1124-AUTHORITY OFFERS LOANS
1125-, REVOLVING LINES OF CREDIT, OR GRANTS TO
1126-ELIGIBLE NON
1127--PROFITS, PUBLIC HOUSING AUTHORITIES, AND COMMUNITY
1128-DEVELOPMENT FINANCIAL INSTITUTIONS TO MAKE DIRECT L OANS OR GRANTS
1129-TO SUPPORT THE CONSTRUCTION OR CONVERSION OF ACCESSORY DWELLING
1130-UNITS FOR LOW
1131-- AND MODERATE-INCOME BORROWERS OR TENANTS .
1132-(II) A
1133-NY CONTRACT MADE BY THE COMMISSION WITH THE
1134-COLORADO HOUSING AND FINANCE AUTHORITY PURSUANT TO THIS
1135-SUBSECTION
1136- (1)(q) MAY INCLUDE NORMAL AND CUSTOMARY FEES AND
1137-EXPENSES FOR ADMINISTRATING THE PROGRAMS DESCRIBED IN THIS
1138-SUBSECTION
1139- (1)(q).
1140-SECTION 4. In Colorado Revised Statutes, 24-46-105, add (1)(c)
1141-as follows:
1142-24-46-105. Colorado economic development fund - creation -
974+HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2030.27
975+1152
976+-26- SECTION 2. In Colorado Revised Statutes, 24-32-3305, add1
977+(3.3) as follows:2
978+24-32-3305. Rules - advisory committee - enforcement.3
979+(3.3) THE DEPARTMENT SHALL CREATE FOR FACTORY-BUILT STRUCTURES,4
980+INCLUDING THOSE THAT WOULD BE CONSIDERED ACCESSORY DWELLING5
981+UNITS, MODEL PUBLIC SAFETY CODE REQUIREMENTS RELATED TO6
982+GEOGRAPHIC OR CLIMATIC CONDITIONS, SUCH AS WEIGHT RESTRICTIONS7
983+FOR ROOF SNOW LOADS, WIND SHEAR FACTORS, OR WILDFIRE RISK, FOR8
984+LOCAL GOVERNMENTS TO CONSIDER AND ADOPT PURSUANT TO SECTION9
985+24-32-3318 (2)(a).10
986+SECTION 3. In Colorado Revised Statutes, 24-46-104, add11
987+(1)(q) as follows:12
988+24-46-104. Powers and duties of commission - repeal. (1) The13
989+commission has the following powers and duties:14
990+(q) (I) TO EXPEND EIGHT MILLION DOLLARS TO CONTRACT WITH15
991+THE COLORADO HOUSING AND FINANCE AUTHORITY , CREATED IN PART 716
992+OF ARTICLE 4 OF TITLE 29, FOR THE CREATION AND OPERATION OF ONE OR17
993+MORE OF THE FOLLOWING PROGRAMS TO BENEFIT LOW - TO18
994+MODERATE-INCOME RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE BEEN19
995+CERTIFIED AS ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTIONS BY20
996+THE DEPARTMENT OF LOCAL AFFAIRS :21
997+(A) AN ACCESSORY DWELLING UNIT CREDIT ENHANCEMENT22
998+PROGRAM THAT SUPPORTS LENDERS OFFERING AFFORDABLE LOANS TO23
999+ELIGIBLE LOW- AND MODERATE -INCOME BORROWERS FOR THE24
1000+CONSTRUCTION OR CONVERSION OF ACCESSORY DWELLING UNITS ;25
1001+(B) A PROGRAM THAT ALLOWS FOR THE BUYING DOWN OF26
1002+INTEREST RATES ON LOANS MADE TO ELIGIBLE LOW - AND27
1003+1152
1004+-27- MODERATE-INCOME BORROWERS IN CONNECTION WITH THE1
1005+CONSTRUCTION OR CONVERSION OF ACCESSORY DWELLING UNITS ;2
1006+(C) A PROGRAM THAT OFFERS DOWN PAYMENT ASSISTANCE IN3
1007+CONNECTION WITH ACCESSORY DWELLING UNITS, PRINCIPAL REDUCTION4
1008+ON LOANS TO ELIGIBLE LOW- AND MODERATE-INCOME BORROWERS MADE5
1009+IN CONNECTION WITH ACCESSORY DWELLING UNITS , OR BOTH; OR6
1010+(D) A PROGRAM IN WHICH THE COLORADO HOUSING AND FINANCE7
1011+AUTHORITY OFFERS LOANS, REVOLVING LINES OF CREDIT, OR GRANTS TO8
1012+ELIGIBLE NON-PROFITS, PUBLIC HOUSING AUTHORITIES, AND COMMUNITY9
1013+DEVELOPMENT FINANCIAL INSTITUTIONS TO MAKE DIRECT LOANS OR10
1014+GRANTS TO SUPPORT THE CONSTRUCTION OR CONVERSION OF ACCESSORY11
1015+DWELLING UNITS FOR LOW- AND MODERATE-INCOME BORROWERS OR12
1016+TENANTS.13
1017+(II) ANY CONTRACT MADE BY THE COMMISSION WITH THE14
1018+COLORADO HOUSING AND FINANCE AUTHORITY PURSUANT TO THIS15
1019+SUBSECTION (1)(q) MAY INCLUDE NORMAL AND CUSTOMARY FEES AND16
1020+EXPENSES FOR ADMINISTRATING THE PROGRAMS DESCRIBED IN THIS17
1021+SUBSECTION (1)(q).18
1022+SECTION 4. In Colorado Revised Statutes, 24-46-105, add19
1023+(1)(c) as follows:20
1024+24-46-105. Colorado economic development fund - creation -21
11431025 report - repeal. (1) (c) (I) O
1144-N JULY 1, 2024, THE STATE TREASURER SHALL
1145-TRANSFER EIGHT MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
1146-.
1147-PAGE 22-HOUSE BILL 24-1152 THE COMMISSION SHALL USE THE FUNDS TRANSFERRED PURSUANT TO THIS
1148-SUBSECTION
1149- (1)(c)(I) TO CONTRACT WITH THE COLORADO HOUSING AND
1150-FINANCE AUTHORITY
1151-, CREATED IN PART 7 OF ARTICLE 4 OF TITLE 29, FOR THE
1152-PURPOSES DESCRIBED IN SECTION
1153- 24-46-104 (1)(q).
1026+N JULY 1, 2024, THE STATE TREASURER
1027+22
1028+SHALL TRANSFER EIGHT MILLION DOLLARS FROM THE GENERAL FUND TO23
1029+THE FUND. THE COMMISSION SHALL USE THE FUNDS TRANSFERRED24
1030+PURSUANT TO THIS SUBSECTION (1)(c)(I) TO CONTRACT WITH THE25
1031+C
1032+OLORADO HOUSING AND FINANCE AUTHORITY , CREATED IN PART 7 OF
1033+26
1034+ARTICLE 4 OF TITLE 29, FOR THE PURPOSES DESCRIBED IN SECTION27
1035+1152
1036+-28- 24-46-104 (1)(q).1
11541037 (II) T
11551038 HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1, 2025.
1156-SECTION 5. In Colorado Revised Statutes, 24-67-105, add (5.3)
1157-as follows:
1158-24-67-105. Standards and conditions for planned unit
1159-development - definitions. (5.3) (a) I
1160-N A SUBJECT JURISDICTION, ANY
1161-PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDI NANCE THAT IS ADOPTED
1162-OR APPROVED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
1163-(5.3),
1164-AND THAT ALLOWS THE CONSTRUCTION OF ONE OR MORE SINGLE -UNIT
1165-DETACHED DWELLINGS
1166-, MUST NOT RESTRICT THE CREATION OF AN
1167-ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO ANY SINGLE
1168--UNIT
1169-DETACHED DWELLING MORE THAN THE LOCAL LAW THAT APPLIES TO
1170-ACCESSORY DWELLING UNIT DEVELOPMENT OUTSIDE OF A PLANNED UNIT
1171-DEVELOPMENT OR IN ANY WAY THAT IS PROHIBITED BY SECTION
1172-29-35-103.
1039+2
1040+SECTION 5. In Colorado Revised Statutes, 24-67-105, add (5.5)3
1041+as follows:4
1042+24-67-105. Standards and conditions for planned unit5
1043+development - definitions. (5.5) (a) I
1044+N A SUBJECT JURISDICTION, ANY6
1045+PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE THAT IS7
1046+ADOPTED OR APPROVED ON OR AFTER THE EFFECTIVE DATE OF THIS8
1047+SUBSECTION (5.5), AND THAT ALLOWS THE CONSTRUCTION OF ONE OR9
1048+MORE SINGLE-UNIT DETACHED DWELLINGS , MUST NOT RESTRICT THE10
1049+CREATION OF AN ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO11
1050+ANY SINGLE-UNIT DETACHED DWELLING MORE THAN THE LOCAL LAW THAT12
1051+APPLIES TO ACCESSORY DWELLING UNIT DEVELOPMENT OUTSIDE OF A13
1052+PLANNED UNIT DEVELOPMENT OR IN ANY WAY THAT IS PROHIBITED BY14
1053+SECTION 29-35-103.15
11731054 (b) I
1174-N A SUBJECT JURISDICTION, ANY PLANNED UNIT DEVELOPMENT
1175-RESOLUTION OR ORDINANCE THAT WAS ADOPTED OR APPROVED BEFORE THE
1176-EFFECTIVE DATE OF THIS SUBSECTION
1177-(5.3), THAT ALLOWS THE
1178-CONSTRUCTION OF ONE OR MORE SINGLE
1179--UNIT DETACHED DWELLINGS, AND
1180-THAT RESTRICTS THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT AS
1181-AN ACCESSORY USE TO ANY SINGLE
1182--UNIT DETACHED DWELLING MORE THAN
1183-THE LOCAL LAW THAT APPLIES TO ACCESSORY DWELLING UNIT
1184-DEVELOPMENT OUTSIDE OF A PLANNED UNIT DEVELOPMENT
1185-:
1055+N A SUBJECT JURISDICTION, ANY PLANNED UNIT DEVELOPMENT16
1056+RESOLUTION OR ORDINANCE THAT WAS ADOPTED OR APPROVED BEFORE17
1057+THE EFFECTIVE DATE OF THIS SUBSECTION (5.5), THAT ALLOWS THE18
1058+CONSTRUCTION OF ONE OR MORE SINGLE -UNIT DETACHED DWELLINGS ,19
1059+AND THAT RESTRICTS THE CONSTRUCTION OF AN ACCESSORY DWELLING20
1060+UNIT AS AN ACCESSORY USE TO ANY SINGLE -UNIT DETACHED DWELLING21
1061+MORE THAN THE LOCAL LAW THAT APPLIES TO ACCESSORY DWELLING UNIT22
1062+DEVELOPMENT OUTSIDE OF A PLANNED UNIT DEVELOPMENT :23
11861063 (I) S
1187-HALL NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE
1188-CREATION OF AN ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO ANY
1189-SINGLE
1190--UNIT DETACHED DWELLING UNIT IN ANY WAY THAT IS PROHIBITED BY
1191-SECTION
1192-29-35-103; AND
1193-(II) MAY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW
1194-PURSUANT TO SECTION
1195-29-35-103.
1064+HALL NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE24
1065+CREATION OF AN ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO25
1066+ANY SINGLE-UNIT DETACHED DWELLING UNIT IN ANY WAY THAT IS26
1067+PROHIBITED BY SECTION 29-35-103; AND27
1068+1152
1069+-29- (II) MAY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW1
1070+PURSUANT TO SECTION 29-35-103.2
11961071 (c) N
1197-OTWITHSTANDING SUBSECTION (5.3)(b) OF THIS SECTION, A
1198-LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY SUCH
1199-PAGE 23-HOUSE BILL 24-1152 PLANNED UNIT DEVELOPMENT .
1072+OTWITHSTANDING SUBSECTION (5.5)(b) OF THIS SECTION, A3
1073+LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY4
1074+SUCH PLANNED UNIT DEVELOPMENT .5
12001075 (d) A
1201-S USED IN THIS SUBSECTION (5.3), UNLESS THE CONTEXT
1202-OTHERWISE REQUIRES
1203-:
1076+S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT6
1077+OTHERWISE REQUIRES:7
12041078 (I) "A
1205-CCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET
1206-FORTH IN SECTION
1207- 29-35-102 (2).
1079+CCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET8
1080+FORTH IN SECTION 29-35-102 (2).9
12081081 (II) "L
1209-OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION
1210-29-35-102 (13).
1082+OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN10
1083+SECTION 29-35-102 (13).11
12111084 (III) "S
1212-UBJECT JURISDICTION" HAS THE SAME MEANING AS SET FORTH
1213-IN SECTION
1214-29-35-102 (21).
1215-SECTION 6. In Colorado Revised Statutes, 38-33.3-106.5, add (4)
1216-as follows:
1217-38-33.3-106.5. Prohibitions contrary to public policy - patriotic,
1218-political, or religious expression - public rights-of-way - fire prevention
1219-- renewable energy generation devices - affordable housing - drought
1220-prevention measures - child care - definitions. (4) (a) I
1221-N A SUBJECT
1222-JURISDICTION OR AN ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION
1223-,
1224-NO PROVISION OF A DECLARATION , BYLAW, OR RULE OF AN ASSOCIATION
1225-THAT IS ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
1226-(4)
1227-MAY RESTRICT THE CREATION OF AN ACCESSORY DWELLING UNIT AS AN
1228-ACCESSORY USE TO ANY SINGLE
1229--UNIT DETACHED DWELLING IN ANY WAY
1230-THAT IS PROHIBITED BY SECTION
1231-29-35-103, AND ANY PROVISION OF A
1232-DECLARATION
1233-, BYLAW, OR RULE THAT INCLUDES SUCH A RESTRICTION IS
1234-VOID AS A MATTER OF PUBLIC POLICY
1235-.
1236-(b) I
1237-N A SUBJECT JURISDICTION OR AN ACCESSORY DWELLING UNIT
1238-SUPPORTIVE JURISDICTION
1239-, NO PROVISION OF A DECLARATION, BYLAW, OR
1240-RULE OF AN ASSOCIATION THAT IS ADOPTED BEFORE THE EFFECTIVE DATE OF
1241-THIS SUBSECTION
1242-(4) MAY RESTRICT THE CREATION OF AN ACCESSORY
1243-DWELLING UNIT AS AN ACCESSORY USE TO ANY SINGLE
1244--UNIT DETACHED
1245-DWELLING IN ANY WAY THAT IS PROHIBITED BY SECTION
1246-29-35-103, AND
1247-ANY PROVISION OF A DECLARATION
1248-, BYLAW, OR RULE THAT INCLUDES SUCH
1249-A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY
1250-.
1251-(c) S
1252-UBSECTIONS (4)(a) AND (4)(b) OF THIS SECTION DO NOT APPLY
1253-PAGE 24-HOUSE BILL 24-1152 TO REASONABLE RESTRICTIONS ON ACCESSORY DWELLING UNITS . AS USED
1254-IN THIS SUBSECTION
1255- (4)(c), "REASONABLE RESTRICTION " MEANS A
1256-SUBSTANTIVE CONDITION OR REQUIREMENT THAT DOES NOT UNREAS ONABLY
1257-INCREASE THE COST TO CONSTRUCT
1258-, EFFECTIVELY PROHIBIT THE
1259-CONSTRUCTION OF
1260-, OR EXTINGUISH THE ABILITY TO OTHERWISE CONSTRUCT ,
1261-AN ACCESSORY DWELLING UNIT CONSISTENT WITH PART 1 OF ARTICLE 35 OF
1262-TITLE
1263-29.
1264-(d) A
1265-S USED IN THIS SUBSECTION (4), UNLESS THE CONTEXT
1266-OTHERWISE REQUIRES
1267-:
1085+UBJECT JURISDICTION" HAS THE SAME MEANING AS SET12
1086+FORTH IN SECTION 29-35-102
1087+(21).13
1088+SECTION 6. In Colorado Revised Statutes, 38-33.3-106.5, add14
1089+(3) as follows:15
1090+38-33.3-106.5. Prohibitions contrary to public policy -16
1091+patriotic, political, or religious expression - public rights-of-way - fire17
1092+prevention - renewable energy generation devices - affordable18
1093+housing - drought prevention measures - child care - definitions.19
1094+(3) (a) I
1095+N A SUBJECT JURISDICTION OR AN ACCESSORY DWELLING UNIT20
1096+SUPPORTIVE JURISDICTION, NO PROVISION OF A DECLARATION, BYLAW, OR21
1097+RULE OF AN ASSOCIATION THAT IS ADOPTED ON OR AFTER THE EFFECTIVE22
1098+DATE OF THIS SUBSECTION (3) MAY RESTRICT THE CREATION OF AN23
1099+ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO ANY SINGLE -UNIT24
1100+DETACHED DWELLING IN ANY WAY THAT IS PROHIBITED BY SECTION25
1101+29-35-103,
1102+ AND ANY PROVISION OF A DECLARATION , BYLAW, OR RULE26
1103+THAT INCLUDES SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC27
1104+1152
1105+-30- POLICY.1
1106+(b)
1107+ IN A SUBJECT JURISDICTION OR AN ACCESSORY DWELLING UNIT2
1108+SUPPORTIVE JURISDICTION, NO PROVISION OF A DECLARATION, BYLAW, OR3
1109+RULE OF AN ASSOCIATION THAT IS ADOPTED BEFORE THE EFFECTIVE DATE4
1110+OF THIS SUBSECTION (3) MAY RESTRICT THE CREATION OF AN ACCESSORY5
1111+DWELLING UNIT AS AN ACCESSORY USE TO ANY SINGLE -UNIT DETACHED6
1112+DWELLING IN ANY WAY THAT IS PROHIBITED BY SECTION 29-35-103, AND7
1113+ANY PROVISION OF A DECLARATION , BYLAW, OR RULE THAT INCLUDES8
1114+SUCH A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY .9 (c) SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION DO NOT APPLY10
1115+TO REASONABLE RESTRICTIONS ON ACCESSORY DWELLING UNITS . AS USED11
1116+IN THIS SUBSECTION (3)(c), "REASONABLE RESTRICTION" MEANS A12
1117+SUBSTANTIVE CONDITION OR REQUIREMENT THAT DOES NOT13
1118+UNREASONABLY INCREASE THE COST TO CONSTRUCT , EFFECTIVELY14
1119+PROHIBIT THE CONSTRUCTION OF, OR EXTINGUISH THE ABILITY TO15
1120+OTHERWISE CONSTRUCT, AN ACCESSORY DWELLING UNIT CONSISTENT16
1121+WITH PART 1 OF ARTICLE 35 OF TITLE 29.17
1122+(d) AS USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT18
1123+OTHERWISE REQUIRES:19
12681124 (I)
1269- "ACCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET
1270-FORTH IN SECTION
1271-29-35-102 (2).
1125+ "ACCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET20
1126+FORTH IN SECTION 29-35-102 (2).21
12721127 (II) "A
1273-CCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION " HAS
1274-THE SAME MEANING AS SET FORTH IN SECTION
1275-29-35-102 (3).
1128+CCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION " HAS22
1129+THE SAME MEANING AS SET FORTH IN SECTION 29-35-102 (3).23
12761130 (III) "S
1277-UBJECT JURISDICTION" HAS THE SAME MEANING AS SET FORTH
1278-IN SECTION
1279-29-35-102 (21).
1280-SECTION 7. Appropriation. (1) For the 2024-25 state fiscal year,
1281-$537,246 is appropriated to the department of local affairs. This
1282-appropriation is from the accessory dwelling unit fee reduction and
1283-encouragement grant program fund created in section 29-35-105 (7)(a),
1284-C.R.S. To implement this act, the department may use this appropriation as
1285-follows:
1286-(a) $467,246 for use by division of local government for accessory
1287-dwelling unit fee reduction and encouragement grant program related to
1288-local government services, which amount is based on an assumption that the
1289-division will require an additional 4.9 FTE; and
1290-(b) $70,000 for the purchase of information technology services.
1291-(2) For the 2024-25 state fiscal year, $70,000 is appropriated to the
1292-office of the governor for use by the office of information technology. This
1293-appropriation is from reappropriated funds received from the department of
1294-local affairs under subsection (1)(b) of this section. To implement this act,
1295-the office may use this appropriation to provide information technology
1296-services for the department of local affairs.
1297-PAGE 25-HOUSE BILL 24-1152 SECTION 8. Safety clause. The general assembly finds,
1298-determines, and declares that this act is necessary for the immediate
1299-preservation of the public peace, health, or safety or for appropriations for
1300-the support and maintenance of the departments of the state and state
1301-institutions.
1302-____________________________ ____________________________
1303-Julie McCluskie Steve Fenberg
1304-SPEAKER OF THE HOUSE PRESIDENT OF
1305-OF REPRESENTATIVES THE SENATE
1306-____________________________ ____________________________
1307-Robin Jones Cindi L. Markwell
1308-CHIEF CLERK OF THE HOUSE SECRETARY OF
1309-OF REPRESENTATIVES THE SENATE
1310- APPROVED________________________________________
1311- (Date and Time)
1312- _________________________________________
1313- Jared S. Polis
1314- GOVERNOR OF THE STATE OF COLORADO
1315-PAGE 26-HOUSE BILL 24-1152
1131+UBJECT JURISDICTION" HAS THE SAME MEANING AS SET24
1132+FORTH IN SECTION 29-35-102
1133+(21).25
1134+SECTION 7. Appropriation. (1) For the 2024-25 state fiscal26
1135+year, $537,246 is appropriated to the department of local affairs. This27
1136+1152
1137+-31- appropriation is from the accessory dwelling unit fee reduction and1
1138+encouragement grant program fund created in section 29-35-105 (7)(a),2
1139+C.R.S. To implement this act, the department may use this appropriation3
1140+as follows:4
1141+(a) $467,246 for use by division of local government for accessory5
1142+dwelling unit fee reduction and encouragement grant program related to6
1143+local government services, which amount is based on an assumption that7
1144+the division will require an additional 4.9 FTE; and8
1145+(b) $70,000 for the purchase of information technology services.9
1146+(2) For the 2024-25 state fiscal year, $70,000 is appropriated to10
1147+the office of the governor for use by the office of information technology.11
1148+This appropriation is from reappropriated funds received from the12
1149+department of local affairs under subsection (1)(b) of this section. To13
1150+implement this act, the office may use this appropriation to provide14
1151+information technology services for the department of local affairs.15
1152+ 16
1153+SECTION 8. Safety clause. The general assembly finds,17
1154+determines, and declares that this act is necessary for the immediate18
1155+preservation of the public peace, health, or safety or for appropriations for19
1156+the support and maintenance of the departments of the state and state20
1157+institutions.21
1158+1152
1159+-32-