HOUSE BILL 24-1152
BY REPRESENTATIVE(S) Amabile and Weinberg, Bacon, Boesenecker,
Epps, Froelich, Garcia, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
McCormick, Ortiz, Ricks, Rutinel, Sirota, Story, Valdez, Vigil, Willford,
Woodrow, McCluskie, English, Herod, Martinez, McLachlan, Parenti,
Weissman;
also SENATOR(S) Mullica and Exum, Cutter, Hinrichsen, Priola, Roberts,
Winter F.
C
ONCERNING INCREASING THE NUMBER OF ACCESSORY DWELLING UNITS ,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 35 to title
29 as follows:
ARTICLE 35
State Land Use Criteria For Strategic Growth
PART 1
ACCESSORY DWELLING UNITS
29-35-101. Legislative declaration. (1) (a) T
HE GENERAL
ASSEMBLY HEREBY FINDS
, DETERMINES, AND DECLARES THAT:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (I) ACCESSORY DWELLING UNITS OFFER A WAY TO PROVIDE
COMPACT
, RELATIVELY AFFORDABLE HOUSING IN ESTABLISHED
NEIGHBORHOODS WITH MINIMAL IMPACTS TO INFRASTRUCTURE AND TO
SUPPLY NEW HOUSING OPPORTUNITIES WITHOUT ADDED DISPERSED
LOW
-DENSITY HOUSING;
(II) A
CCESSORY DWELLING UNITS GENERATE RENTAL INCOME TO
HELP HOMEOWNERS COVER MORTGAGE PAYMENTS OR OTHER COSTS
, WHICH
CAN BE IMPORTANT FOR A VARIETY OF RESIDENTS
, SUCH AS OLDER
HOMEOWNERS ON FIXED INCOMES AND LOW
- AND MODERATE-INCOME
HOMEOWNERS
;
(III) A
CCESSORY DWELLING UNITS PROVIDE FAMILIES WITH OPTIONS
FOR INTERGENERATIONAL LIVING ARRANGEMENTS THAT ENABLE CHILD OR
ELDER CARE AND AGING IN PLACE
, AND A 2021 SURVEY BY THE AARP
FOUND THAT APPROXIMATELY SEVENTY -FIVE PERCENT OF PEOPLE FIFTY
YEARS OF AGE OR OLDER WANT TO STAY IN THEIR HOMES OR COMMUNITIES
FOR AS LONG AS THEY CAN
. ACCORDING TO A 2018 STUDY BY THE CENTER
FOR
AMERICAN PROGRESS, FIFTY-ONE PERCENT OF COLORADANS LIVE IN A
CHILD CARE DESERT
-A COMMUNITY WHERE THERE ARE NO CHILD CARE
PROVIDERS OR SO FEW OPTIONS THAT THERE ARE MORE THAN THREE TIMES
AS MANY CHILDREN AS THERE ARE LICENSED CHILD CARE SLOTS
. THESE
CHILD CARE DESERTS ARE SITUATED WITHIN RURAL
, SUBURBAN, AND URBAN
COMMUNITIES AND ARE A MAJOR REASON FOR WORKING PARENTS TO LEAVE
THE WORKFORCE
.
(IV) A
CCESSORY DWELLING UNITS ARE OFTEN OCCUPIED AT LOW TO
NO RENT BY FAMILY MEMBERS
, AND IF THEY ARE RENTED PRIVATELY, THEIR
RENTS ARE RELATIVELY AFFORDABLE BECAUSE OF THEIR SMALL SIZE
;
(V) A
S COLORADO'S POPULATION AGES AND TYPICAL HOUSEHOLD
SIZE CONTINUES TO DECREASE
, ACCESSORY DWELLING UNITS OFFER MORE
COMPACT HOUSING OPTIONS THAT ALIGN WITH THE STATE
'S CHANGING
DEMOGRAPHICS
, AND COLORADANS OVER SIXTY -FIVE YEARS OF AGE ARE
THE FASTEST
-GROWING AGE COHORT IN COLORADO ACCORDING TO THE
STATE DEMOGRAPHY OFFICE
;
(VI) A
CCESSORY DWELLING UNITS ENABLE SENIORS TO DOWNSIZE ,
MOVE INTO ACCESSIBLE UNITS, OR LIVE WITH FAMILY OR A CAREGIVER WHILE
PAGE 2-HOUSE BILL 24-1152 REMAINING IN THEIR COMMUNITIES . A 2018 AARP SURVEY FOUND THAT
SIXTY
-SEVEN PERCENT OF ADULTS WOULD CONSIDER LIVING IN AN
ACCESSORY DWELLING UNIT TO BE CLOSE TO SOMEONE BUT STILL HAVE A
SEPARATE SPACE
. MOST SENIORS DO NOT LIVE IN HOMES THAT ARE
ACCESSIBLE
, EVEN THOUGH DISABILITY IS PREVALENT AMONG THE SENIOR
POPULATION AND INCREASES WITH AGE
. LESS THAN FOUR PERCENT OF
EXISTING HOUSING UNITS IN THE
UNITED STATES ARE ESTIMATED TO BE
LIVABLE FOR PEOPLE WITH MODERATE MOBILITY DIFFICULTIES
, ACCORDING
TO
"HOUSING FOR AN AGING POPULATION" IN THE JOURNAL HOUSING
POLICY DEBATE.
(VII) R
ELATIVE TO DISPERSED, LOW-DENSITY DEVELOPMENT ,
COMPACT INFILL DEVELOPMENT , INCLUDING ACCESSORY DWELLING UNIT
DEVELOPMENT
, REDUCES WATER USE , GREENHOUSE GAS EMISSIONS ,
INFRASTRUCTURE COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION
COSTS
;
(VIII) A
CCESSORY DWELLING UNITS USE SIGNIFICANTLY LESS
ENERGY FOR HEATING AND COOLING THAN SINGLE
-UNIT DETACHED
DWELLINGS BECAUSE OF THEIR SMALLER SIZE
, WHICH REDUCES HOUSEHOLD
ENERGY COSTS AND GREE NHOUSE GAS EMISSIONS
. ACCESSORY DWELLING
UNITS CAN REDUCE LIFETIME CARBON DIOXIDE EMISSIONS BY FORTY
PERCENT COMPARED TO MEDIUM
-SIZED SINGLE-FAMILY HOMES, ACCORDING
TO A REPORT FROM THE
OREGON DEPARTMENT OF ENVIRONMENTAL
QUALITY
. REDUCING EMISSIONS FROM THE HOUSING SECTOR IS CRITICAL FOR
MEETING THE STATE
'S GREENHOUSE GAS EMISSIONS TARGETS ESTABLISHED
IN SECTION
25-7-102. ACCORDING TO "THE CARBON FOOTPRINT OF
HOUSEHOLD ENERGY USE IN THE UNITED STATES" IN THE PROCEEDINGS OF
THE
NATIONAL ACADEMY OF SCIENCES, REDUCING FLOOR SPACE PER CAPITA
IS A CRITICAL STRATEGY TO REACHING MID
-CENTURY CLIMATE GOALS.
(IX) C
OMPACT INFILL DEVELOPMENT REDUCES WATER DEMAND AND
INFRASTRUCTURE COSTS BY USING LESS PIPING
, WHICH REDUCES WATER
LOSS
; INCLUDES LESS LANDSCAPED SPACE PER UNIT; AND MAKES BETTER USE
OF EXISTING INFRASTRUCTURE
.
(X) A
CCESSORY DWELLING UNITS REDUCE GOVERNMENT CAPITAL
AND MAINTENANCE COSTS FOR INFRASTRUCTURE SINCE ACCESSORY
DWELLING UNITS ARE BUILT IN EXISTING NEIGHBORHOODS AND HAVE A
RELATIVELY SMALL IMPACT ON EXISTING INFRASTRUCTURE
. NATIONAL
PAGE 3-HOUSE BILL 24-1152 STUDIES SUCH AS "RELATIONSHIPS BETWEEN DENSITY AND PER CAPITA
MUNICIPAL SPENDING IN THE UNITED STATES", PUBLISHED IN URBAN
SCIENCE, HAVE FOUND THAT LOWER DENSITY COMMUNITIES HAVE HIGHER
GOVERNMENT CAPITAL AND MAINTENANCE COSTS FOR WATER
, SEWER, AND
TRANSPORTATION INFRASTRUCTURE AND LOWER PROPERTY AND SALES TAX
REVENUE
. THESE INCREASED COSTS ARE OFTEN BORNE BY BOTH STATE AND
LOCAL GOVERNMENTS
.
(XI) A
NUMBER OF LOCAL LAND USE LAWS PROHIBIT HOMEOWNERS
FROM BUILDING AN ACCESSORY DWELLING UNIT
, OR APPLY REGULATIONS TO
ACCESSORY DWELLING UNITS THAT SIGNIFICANTLY LIMIT THEIR
CONSTRUCTION
;
(XII) A
NUMBER OF MUNICIPALITIES HAVE REMOVED BARRIERS TO
ACCESSORY DWELLING UNIT CONSTRUCTION SUCH AS PARKING
REQUIREMENTS
, OWNER OCCUPANCY REQUIREMENTS , AND RESTRICTIVE SIZE
AND DESIGN LIMITATIONS
, WHICH HAS RESULTED IN ACCESSORY DWELLING
UNIT PERMITS INCREASING TO TEN TO TWENTY PERCENT OF TOTAL NEW
HOUSING PERMITS AND AN OVERALL INCREASE IN THE TOTAL HOUSING
SUPPLY
. SINCE CALIFORNIA IMPLEMENTED VARIOUS REFORMS TO
ENCOURAGE ACCESSORY DWELLING UNIT CONSTRUCTION
, INCLUDING
REQUIRING CITIES TO ALLOW ACCESSORY DWELLING UNITS AS A USE BY
RIGHT
, PREVENTING THE IMPOSITION OF PARKING REQUIREMENTS , AND
PREVENTING OWNER OCCUPANCY REQUIREMENTS
, ACCESSORY DWELLING
UNIT CONSTRUCTION HAS INCREASED SIGNIFICANTLY IN
CALIFORNIA.
F
OLLOWING REFORMS TO CALIFORNIA'S ACCESSORY DWELLING UNIT LAW IN
2016, ACCESSORY DWELLING UNIT DEVELOPMENT HAS INCREASED RAPIDLY
FROM AROUND ONE THOUSAND ACCESSORY DWELLING UNITS PERMITTED IN
2016 TO OVER TWENTY-FOUR THOUSAND IN 2022, OR ABOUT TWENTY
PERCENT OF NEW HOUSING PERMITS STATEWIDE
, ACCORDING TO DATA FROM
THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT AND ANALYSIS BY THE BIPARTISAN POLICY CENTER.
(XIII) H
OUSING SUPPLY IMPACTS HOUSING AFFORDABILITY , AND
HOUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING SUPPLY IS
RESTRICTED BY LOCAL LAND USE REGULATIONS IN A METROPOLITAN REGION
,
ACCORDING TO THE NATIONAL BUREAU OF ECONOMIC RESEARCH IN
WORKING PAPERS SUCH AS
"REGULATION AND HOUSING SUPPLY", "THE
IMPACT OF ZONING ON HOUSING AFFORDABILITY", AND "THE IMPACT OF
LOCAL RESIDENTIAL LAND USE RESTRICTIONS ON LAND VALUES ACROSS
PAGE 4-HOUSE BILL 24-1152 AND WITHIN SINGLE FAMILY HOUSING MARKETS";
(XIV) I
NCREASING HOUSING SUPPLY MODERATES PRICE INCREASES
AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL INCOMES
, ACCORDING
TO STUDIES SUCH AS
"THE ECONOMIC IMPLICATIONS OF HOUSING SUPPLY"
IN THE JOURNAL OF ECONOMIC PERSPECTIVES AND "SUPPLY SKEPTICISM:
H
OUSING SUPPLY AND AFFORDABILITY" IN THE JOURNAL HOUSING POLICY
DEBATE;
(XV) A
CADEMIC RESEARCH SUCH AS "THE IMPACT OF BUILDING
RESTRICTIONS ON HOUSING AFFORDABILITY" IN THE FEDERAL RESERVE
BANK OF NEW YORK ECONOMIC POLICY REVIEW HAS IDENTIFIED ZONING
AND OTHER LAND USE CONTROLS AS A PRIMARY DRIVER OF RISING HOUSING
COSTS IN THE MOST EXPENSIVE HOUSING MARKETS
;
(XVI) A
CCESSORY DWELLING UNITS OFFER AFFORDABLE AND
ATTAINABLE OPTIONS TO LIVE IN HIGH
-OPPORTUNITY NEIGHBORHOODS ,
WHICH CAN HELP IMPROVE EQUITY OUTCOMES REGIONALLY AND STATEWIDE .
A
N ANALYSIS OF ACCESSORY DWELLING UNIT PERMITTING IN CALIFORNIA
FOUND THAT ACCESSORY DWELLING UNITS ARE TYPICALLY PERMITTED ON
PARCELS WITH RELATIVELY GOOD ACCESS TO JOBS COMPARED TO
SURROUNDING AREAS
, ACCORDING TO "WHERE WILL ACCESSORY DWELLING
UNITS SPROUT UP WHEN A STATE LETS THEM GROW? EVIDENCE FROM
CALIFORNIA" IN CITYSCAPE: A JOURNAL OF POLICY DEVELOPMENT AND
RESEARCH.
(XVII) L
OCAL GOVERNMENT REGULATION OF ACCESSORY DWELLING
UNITS VARIES SIGNIFICANTLY WITHIN REGIONS AND STATEWIDE IN
COLORADO IN TERMS OF WHERE THEY ARE ALLOWED , THE DIMENSIONAL AND
DESIGN RESTRICTIONS APPLIED
, AND OTHER REQUIREMENTS . THIS
INCONSISTENCY INHIBITS THE DEVELOPMENT OF A ROBUST MARKET OF
ACCESSORY DWELLING UNIT DEVELOPERS
, MODULAR ACCESSORY DWELLING
UNIT DESIGNS
, AND ASSOCIATED COST REDUCTIONS . COLORADO IS SIMILAR
TO MOST STATES IN THIS REGARD
, AND, ACCORDING TO "ZONING BY A
THOUSAND CUTS" IN THE PEPPERDINE LAW REVIEW, WHICH ANALYZED
ACCESSORY DWELLING UNIT REGULATIONS ACROSS
CONNECTICUT, "THE
HIGH DEGREE OF REGULATORY VARIATION THWARTS THE DEVELOPMENT OF
PROTOTYPE DESIGNS OR PREFABRICATED
[ACCESSORY DWELLING UNITS ]
THAT COULD SATISFY DIFFERENT RULES ACROSS JURISDICTIONS ".
PAGE 5-HOUSE BILL 24-1152 (XVIII) MORE PERMISSIVE REGULATION BY LOCAL GOVERNMENTS
OF ACCESSORY DWELLING UNITS PROVIDES A REASONABLE C HANCE FOR
HOMEOWNERS TO CONSTRUCT OR CONVERT AN ACCESSORY DWELLING UNIT
AND THEREBY INCREASE HOUSING SUPPLY
, STABILIZE HOUSING COSTS, AND
CONTRIBUTE TO AFFORDABLE AND EQUITABLE HOME OWNERSHIP TO
ADEQUATELY MEET THE HOUSING NEEDS OF A GROWING
COLORADO
POPULATION
.
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT
INCREASING THE HOUSING SUPPLY THROUGH THE CONSTRUCTION OR
CONVERSION OF ACCESSORY DWELLING UNITS IS A MATTER OF MIXED
STATEWIDE AND LOCAL CONCERN
.
29-35-102. Definitions. A
S USED IN THIS PART 1, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT:
(a) S
ATISFIES THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING
ACT", 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED;
(b) I
NCORPORATES UNIVERSAL DESIGN ; OR
(c) IS EITHER A TYPE A DWELLING UNIT, AS DEFINED IN SECTION
9-5-101 (10), OR A TYPE B DWELLING UNIT, AS DEFINED IN SECTION 9-5-101
(12).
(2) "A
CCESSORY DWELLING UNIT" MEANS AN INTERNAL, ATTACHED,
OR DETACHED DWELLING UNIT THAT :
(a) P
ROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE
OR MORE INDIVIDUALS
;
(b) I
S LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING
PRIMARY RESIDENCE
; AND
(c) INCLUDES FACILITIES FOR LIVING, SLEEPING, EATING, COOKING,
AND SANITATION.
(3) "A
CCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION " MEANS
PAGE 6-HOUSE BILL 24-1152 A LOCAL GOVERNMENT THAT THE DEPARTMENT HAS CERTIFIED PURSUANT
TO SECTION
29-35-104 AS AN ACCESSORY DWELLING UNIT SUPPORTIVE
JURISDICTION
.
(4) "A
CCESSORY USE" MEANS A STRUCTURE OR THE USE OF A
STRUCTURE ON THE SAME LOT WITH
, AND OF A NATURE CUSTOMARILY
INCIDENTAL AND SUBORDINATE TO
, THE PRINCIPAL STRUCTURE OR USE OF
THE STRUCTURE
.
(5) (a) "A
DMINISTRATIVE APPROVAL PROCESS " MEANS A PROCESS IN
WHICH
:
(I) A
DEVELOPMENT PROPOSAL FOR A SPECIFIED PROJECT IS
APPROVED
, APPROVED WITH CONDITIONS , OR DENIED BY LOCAL
GOVERNMENT ADMINISTRATIVE STAFF BASED SOLELY ON ITS COMPLIANCE
WITH OBJECTIVE STANDARDS SET FORTH IN LOCAL LAWS
; AND
(II) DOES NOT REQUIRE, AND CANNOT BE ELEVATED TO REQUIRE , A
PUBLIC HEARING
, A RECOMMENDATION, OR A DECISION BY AN ELECTED OR
APPOINTED PUBLIC BODY OR A HEARING OFFICER
.
(b) N
OTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, AN
ADMINISTRATIVE APPROVAL PROCESS MAY REQUIRE AN APPOINTED HISTORIC
PRESERVATION COMMISSION TO MAKE A DECISION
, OR TO MAKE A
RECOMMENDATION TO LOCAL GOVERNMENT ADMINISTRATIVE STAFF
,
REGARDING A DEVELOPMENT APPLICATION INVOLVING A PROPERTY THAT
THE LOCAL GOVERNMENT HAS DESIGNATED AS A HISTORIC PROPERTY
,
PROVIDED THAT:
(I) T
HE STATE HISTORIC PRESERVATION OFFICE WITHIN HISTORY
COLORADO HAS DESIGNATED THE LOCAL GOVERNMENT AS A CERTIFIED
LOCAL GOVERNMENT
; AND
(II) THE APPOINTED HISTORIC PRESERVATION COMMISSION 'S
DECISION OR RECOMMENDATION IS BASED ON ST ANDARDS EITHER SET FORTH
IN LOCAL LAW OR ESTABLISHED BY THE SECRETARY OF THE INTERIOR OF THE
UNITED STATES.
(6) "C
OUNTY" MEANS A COUNTY, INCLUDING A HOME RULE COUNTY
BUT EXCLUDING A CITY AND COUNTY
.
PAGE 7-HOUSE BILL 24-1152 (7) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
(8) "D
WELLING UNIT" MEANS A SINGLE UNIT PROVIDING COMPLETE
INDEPENDENT LIVING FACILITIES FOR ONE OR MORE INDIVIDUALS
, INCLUDING
PERMANENT FACILITIES FOR COOKING
, EATING, LIVING, SANITATION, AND
SLEEPING
.
(9) "E
XEMPT PARCEL" MEANS A PARCEL THAT IS:
(a) N
OT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT
SYSTEM
, AS DEFINED IN SECTION 24-65.1-104 (5), OR IS SERVED BY A WELL
WITH A PERMIT THAT CANNOT SUPPLY AN ADDITIONAL DWELLING UNIT
;
(b) A
HISTORIC PROPERTY THAT IS NOT WITHIN A HISTORIC DISTRICT;
OR
(c) IN A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN , AS
IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
.
(10) "H
ISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY LOCAL
LAW THAT MEETS THE DEFINITION OF
"DISTRICT" SET FORTH IN 36 CFR 60.3
(d).
(11) "H
ISTORIC PROPERTY" MEANS A PROPERTY LISTED:
(a) O
N THE NATIONAL REGISTER OF HISTORIC PLACES ;
(b) O
N THE COLORADO STATE REGISTER OF HISTORIC PROPERTIES ; OR
(c) AS A CONTRIBUTING STRUCTURE OR HISTORIC LANDMARK BY A
CERTIFIED LOCAL GOVERNMENT
, AS DEFINED IN SECTION 39-22-514.5 (2)(b).
(12) "L
OCAL GOVERNMENT" MEANS A MUNICIPALITY, COUNTY, OR
TRIBAL NATION WITH JURISDICTION IN
COLORADO.
(13) "L
OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS
THE DEVELOPMENT AND USE OF LAND
, INCLUDING LAND USE CODES, ZONING
CODES
, AND SUBDIVISION CODES.
PAGE 8-HOUSE BILL 24-1152 (14) "LOW- AND MODERATE -INCOME HOUSEHOLD " MEANS A
HOUSEHOLD THAT IS CONSIDERED LOW
-, MODERATE-, OR MEDIUM-INCOME,
AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
.
(15) "M
ETROPOLITAN PLANNING ORGANIZATION " MEANS A
METROPOLITAN PLANNING ORGANIZATION UNDER THE
"FEDERAL TRANSIT
ACT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.
(16) "M
UNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY OR
TOWN
, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.
(17) "O
BJECTIVE STANDARD" MEANS A STANDARD THAT:
(a) I
S A DEFINED BENCHMARK OR CRITERION THAT ALLOWS FOR
DETERMINATIONS OF COMPLIANCE TO BE CONSISTENTLY DECIDED
REGARDLESS OF THE DECISION MAKER
; AND
(b) DOES NOT REQUIRE A SUBJECTIVE DETERMINATION CONCERNING
A DEVELOPMENT PROPOSAL
, INCLUDING BUT NOT LIMITED TO WHETHER THE
APPLICATION FOR THE DEVELOPMENT PROPOSAL IS
:
(I) C
ONSISTENT WITH MASTER PLANS , OR OTHER DEVELOPMENT
PLANS
;
(II) C
OMPATIBLE WITH THE LAND USE OR DEVELOPMENT OF THE
AREA SURROUNDING THE AREA DESCRIBED IN THE APPLICATION
; OR
(III) CONSISTENT WITH PUBLIC WELFARE, COMMUNITY CHARACTER ,
OR NEIGHBORHOOD CHARACTER .
(18) "R
ESTRICTIVE DESIGN OR DIMENSION STANDARD " MEANS A
STANDARD IN A LOCAL LAW THAT
:
(a) R
EQUIRES AN ARCHITECTURAL STYLE , BUILDING MATERIAL, OR
LANDSCAPING THAT IS MORE RESTRICTIVE FOR AN ACCESSORY DWELLING
UNIT THAN FOR A SINGLE
-UNIT DETACHED DWELLING IN THE SAME ZONING
DISTRICT
;
(b) D
OES NOT ALLOW FOR ACCESSORY DWELLING UNIT SIZES
PAGE 9-HOUSE BILL 24-1152 BETWEEN FIVE HUNDRED AND SEVEN HUNDRED FIFTY SQUARE FEET ;
(c) R
EQUIRES SIDE SETBACKS FOR AN ACCESSORY DWELLING UNIT
THAT ARE LARGER THAN THE SIDE SETBACKS REQUIRED FOR A PRIMARY
DWELLING UNIT IN THE SAME ZONING DISTRICT
;
(d) R
EQUIRES A REAR SETBACK FOR AN ACCESSORY DWELLING UNIT
THAT IS LARGER THAN THE GREATER OF
:
(I) T
HE REAR SETBACK REQUIRED FOR OTHER ACCESSORY BUILDING
TYPES IN THE SAME ZONING DISTRICT
; OR
(II) FIVE FEET;
(e) I
S A MORE RESTRICTIVE MINIMUM LOT SIZE STANDARD FOR AN
ACCESSORY DWELLING UNIT THAN FOR A SINGLE
-UNIT DETACHED DWELLING
IN THE SAME ZONING DISTRICT
; OR
(f) APPLIES MORE RESTRICTIVE AESTHETIC DESIGN OR DIMENSIONAL
STANDARDS TO ACCESSORY DWELLING UNITS THAT ARE FACTORY
-BUILT
RESIDENTIAL STRUCTURES
, AS DEFINED IN SECTION 24-32-3302 (10), THAN
OTHER ACCESSORY DWELLING UNITS
.
(19) (a) "S
HORT-TERM RENTAL" MEANS THE RENTAL OF A LODGING
UNIT FOR LESS THAN THIRTY DAYS
. AS USED IN THIS SUBSECTION (19),
"
LODGING UNIT" MEANS ANY PROPERTY OR PORTION OF A PROPERTY THAT
IS AVAILABLE FOR LODGING
; EXCEPT THAT THE TERM EXCLUDES A HOTEL OR
MOTEL UNIT
.
(b) N
OTWITHSTANDING SUBSECTION (19)(a) OF THIS SECTION, A
LOCAL GOVERNMENT MAY APPLY ITS OWN DEFINITION OF
"SHORT-TERM
RENTAL
" FOR PURPOSES OF THIS PART 1.
(20) "S
INGLE-UNIT DETACHED DWELLING " MEANS A DETACHED
BUILDING WITH A SINGLE DWELLING UNIT ON A SINGLE LOT
.
(21) "S
UBJECT JURISDICTION" MEANS EITHER:
(a) A
MUNICIPALITY THAT BOTH HAS A POPULATION OF ONE
THOUSAND OR MORE
, AS REPORTED BY THE STATE DEMOGRAPHY OFFICE ,
PAGE 10-HOUSE BILL 24-1152 AND IS WITHIN A METROPOLITAN PLANNING ORGANIZATION ; OR
(b) THE PORTION OF A COUNTY THAT IS BOTH WITHIN A CENSUS
DESIGNATED PLACE WITH A POPULATION OF FORTY THOUSAND OR MORE
, AS
REPORTED IN THE MOST RECENT DECENNIAL CENSUS
, AND WITHIN A
METROPOLITAN PLANNING ORGANIZATION
.
(22) "T
ANDEM PARKING SPACE" MEANS A PARKING SPACE THAT IS
LOCATED EITHER IN FRONT OF OR BEHIND ONE OR MORE OTHER PARKING
SPACES THAT SHARE THE SAME POINT OF ACCESS
.
(23) "U
NIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED
AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL
REGARDLESS OF AGE OR ABILITIES
.
(24) "V
ISITABLE UNIT" MEANS A DWELLING UNIT THAT A PERSON
WITH A DISABILITY CAN ENTER
, MOVE AROUND THE PRIMARY ENTRANCE
FLOOR OF
, AND USE THE BATHROOM IN.
29-35-103. Accessory dwelling unit requirements for a subject
jurisdiction. (1) O
N OR AFTER JUNE 30, 2025, A SUBJECT JURISDICTION
SHALL ALLOW
, SUBJECT TO AN ADMINISTRATIVE APPROVAL PROCESS , ONE
ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO A SINGLE
-UNIT
DETACHED DWELLING IN ANY PART OF THE SUBJECT JURISDICTION WHERE
THE JURISDICTION ALLOWS SINGLE
-UNIT DETACHED DWELLINGS .
(2) O
N OR AFTER JUNE 30, 2025, A SUBJECT JURISDICTION SHALL
NOT
:
(a) R
EQUIRE THE CONSTRUCTION OF A NEW OFF -STREET PARKING
SPACE IN CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF AN
ACCESSORY DWELLING UNIT
, EXCEPT AS DESCRIBED IN SUBSECTIONS (3)(a)
AND (3)(b) OF THIS SECTION;
(b) R
EQUIRE AN ACCESSORY DWELLING UNIT , OR ANY OTHER
DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT
, TO BE
OWNER
-OCCUPIED; EXCEPT THAT A SUBJECT JURISDICTION MAY REQUIRE A
PROPERTY OWNER TO DEMONSTRATE THAT THE PROPERTY OWNER RESIDES
ON THE PARCEL WHEN AN APPLICATION IS SUBMITTED
:
PAGE 11-HOUSE BILL 24-1152 (I) TO CONSTRUCT OR CONVERT AN ACCESSORY DWELLING UNIT .
T
HIS EXCEPTION DOES NOT APPLY FOR AN ACCESSORY DWELLING UNIT THAT
IS BEING CONSTRUCTED SIMULTANEOUSLY WITH A NEW PRIMARY DWELLING
UNIT
.
(II) F
OR A LICENSE OR PERMIT FOR A SHORT-TERM RENTAL ON THE
PARCEL THROUGH A LOCAL LAW OR PROGRAM
.
(c) A
PPLY A RESTRICTIVE DESIGN OR DIMENSION STANDARD TO AN
ACCESSORY DWELLING UNIT
.
(3) N
OTHING IN THIS SECTION PREVENTS A SUBJECT JURISDICTION OR
OTHER LOCAL GOVERNMENT FROM
:
(a) R
EQUIRING THE DESIGNATION OF AN OFF-STREET PARKING SPACE
IN CONNECTION WITH AN ACCESSORY DWELLING UNIT
, SO LONG AS THERE IS
AN EXISTING DRIVEWAY
, GARAGE, TANDEM PARKING SPACE , OR OTHER
OFF
-STREET PARKING SPACE AVAILABLE FOR SUCH A DESIGNATION AT THE
TIME OF THE CONSTRUCTION OR CONVERSION OF THE ACCESSORY DWELLING
UNIT
;
(b) R
EQUIRING, IN CONNECTION WITH THE CONSTRUCTION OR
CONVERSION OF AN ACCESSORY DWELLING UNIT
, ONE NEW PARKING SPACE
ON A PARCEL THAT
:
(I) D
OES NOT HAVE AN EXISTING OFF -STREET PARKING SPACE,
INCLUDING A DRIVEWAY, GARAGE, OR TANDEM PARKING SPACE, THAT COULD
BE USED FOR AN ACCESSORY DWELLING UNIT
;
(II) I
S IN A ZONING DISTRICT THAT , AS OF JANUARY 1, 2024,
REQUIRES ONE OR MORE PARKING SPACES FOR THE PRIMARY DWELLING UNIT ;
AND
(III) IS LOCATED ON A BLOCK WHERE ON -STREET PARKING IS
PROHIBITED FOR ANY REASON INCLUDING ENSURING ACCESS FOR
EMERGENCY SERVICES
;
(c) A
LLOWING THE CONSTRUCTION OR CONVERSION OF AN
ACCESSORY DWELLING UNIT THAT IS SMALLER THAN FIVE HUNDRED SQUARE
FEET OR GREATER THAN EIGHT HUNDRED SQUARE FEET
, OR RESTRICTING THE
PAGE 12-HOUSE BILL 24-1152 SIZE OF AN ACCESSORY DWELLING UNIT SO THAT IT IS NO LARGER THAN THE
SIZE OF THE PRINCIPAL DWELLING UNIT ON THE SAME LOT AS THE ACCESSORY
DWELLING UNIT
;
(d) A
LLOWING THE CONSTRUCTION OR CONVERSION OF MULTIPLE
ACCESSORY DWELLING UNITS ON THE SAME LOT
;
(e) A
PPLYING A DESIGN OR DIMENSION STANDARD TO AN ACCESSORY
DWELLING UNIT THAT IS NOT A RESTRICTIVE DESIGN OR DIMENSION
STANDARD
;
(f) A
DOPTING OR ENFORCING A GENERALLY APPLICABLE
REQUIREMENT FOR
:
(I) T
HE PAYMENT OF AN IMPACT FEE OR OTHER SIMILAR
DEVELOPMENT CHARGE
, PURSUANT TO SECTION 29-20-104.5; OR
(II) THE MITIGATION OF IMPACTS IN CONFORMANCE WITH THE
REQUIREMENTS OF PART
2 OF ARTICLE 20 OF THIS TITLE 29;
(g) E
NACTING OR APPLYING A LOCAL LAW CONCERNING THE
SHORT
-TERM RENTAL OF AN ACCESSORY DWELLING UNIT OR ANY OTHER
DWELLING ON THE SAME LOT AS AN ACCESSORY DWELLING UNIT
;
(h) A
PPLYING THE DESIGN STANDARDS AND PROCEDURES OF A
HISTORIC DISTRICT TO A LOT ON WHICH AN ACCESSORY DWELLING UNIT IS
ALLOWED IN THAT HISTORIC DISTRICT
, INCLUDING A STANDARD OR
PROCEDURE RELATED TO DEMOLITION
;
(i) A
PPLYING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY
CODE
, INCLUDING BUT NOT LIMITED TO , A BUILDING, FIRE, UTILITY, OR
STORMWATER CODE
;
(j) A
LLOWING THE CONSTRUCTION OF , OR ISSUING A PERMIT FOR THE
CONSTRUCTION OF
, A SINGLE-UNIT DETACHED DWELLING IN AN AREA ZONED
FOR SINGLE
-UNIT DETACHED DWELLINGS ;
(k) E
NCOURAGING THE CONSTRUCTION OF ACCESSORY DWELLING
UNITS THAT ARE
, THROUGH THE APPLICATION OF LOCAL LAWS OR PROGRAMS
INCLUDING THROUGH DEED RESTRICTIONS
, MADE AFFORDABLE TO
PAGE 13-HOUSE BILL 24-1152 HOUSEHOLDS UNDER CERTAIN INCOME LIMITS OR USED PRIMARILY TO HOUSE
THE LOCAL WORKFORCE PURSUANT TO A LOCAL
, REGIONAL, OR STATE
AFFORDABLE HOUSING PROGRAM
;
(l) D
EFINING ACCESSORY DWELLING UNIT IN LOCAL LAW AS
INCLUDING OR EXCLUDING OTHER DWELLING UNIT TYPES SUCH AS A
"MOTOR
HOME
", AS DEFINED IN SECTION 42-1-102 (57), A "MULTIPURPOSE TRAILER",
AS DEFINED IN SECTION 42-1-102 (60.3), AND A "RECREATIONAL VEHICLE",
AS DEFINED IN SECTION 24-32-902 (9); OR
(m) REQUIRING A STATEMENT BY A WATER OR WASTEWATER
SERVICE PROVIDER REGARDING ITS CAPACITY TO SERVICE THE PROPERTY AS
A CONDITION OF PERMITTING AN ACCESSORY DWELLING UNIT
.
(4) T
HIS SECTION ONLY APPLIES TO A PARCEL IN A SUBJECT
JURISDICTION THAT IS NOT AN EXEMPT PARCEL
.
29-35-104. Accessory dwelling unit supportive jurisdiction
report - certification of a jurisdiction as an accessory dwelling unit
supportive jurisdiction. (1) (a) I
N ORDER TO BE CERTIFIED AS AN
ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION BY THE
DEPARTMENT
, A LOCAL GOVERNMENT MUST SUBMIT TO THE DEPARTMENT ,
IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT , A REPORT
DEMONSTRATING EVIDENCE OF THE LOCAL GOVERNMENT
:
(I) C
OMPLYING WITH SECTION 29-35-103 AS A SUBJECT JURISDICTION
OR
, IF THE LOCAL GOVERNMENT IS NOT A SUBJECT JURISDICTION , AS IF THE
LOCAL GOVERNMENT WERE A SUBJECT JURISDICTION FOR PURPOSES OF
SECTION
29-35-103; AND
(II) IMPLEMENTING ONE OR MORE OF THE FOLLOWING STRATEGIES :
(A) W
AIVING, REDUCING, OR PROVIDING FINANCIAL ASSISTANCE FOR
ACCESSORY DWELLING UNIT
-RELATED FEES THAT ARE INCURRED BY LOW -
AND MODERATE-INCOME HOUSEHOLDS;
(B) E
NACTING LOCAL LAWS OR PROGRAMS THAT INCENTIVIZE THE
AFFORDABILITY OF CERTAIN ACCESSORY DWELLING UNITS INCLUDING
ACCESSORY DWELLING UNITS USED PRIMARILY TO HOUSE THE LOCAL
WORKFORCE
;
PAGE 14-HOUSE BILL 24-1152 (C) PROVIDING PRE-APPROVED PLANS FOR THE CONSTRUCTION OF
ACCESSORY DWELLING UNITS
;
(D) I
MPLEMENTING A PROGRAM TO PROVIDE EDUCATION AND
TECHNICAL ASSISTANCE TO HOMEOWNERS TO CONSTRUCT OR CONVERT AN
ACCESSORY DWELLING UNIT
;
(E) I
MPLEMENTING A PROGRAM TO REGULATE THE USE OF
ACCESSORY DWELLING UNITS FOR SHORT
-TERM RENTALS;
(F) E
NACTING LOCAL LAWS THAT INCENTIVIZE THE CONSTRUCTION
AND CONVERSION OF ACCESSIBLE AND VISITABLE ACCESSORY DWELLING
UNITS
;
(G) A
SSISTING PROPERTY OWNERS WITH ENSURING THAT
PRE
-EXISTING ACCESSORY DWELLING UNITS COMPLY WITH LOCAL LAWS ;
(H) E
NABLING A PATHWAY FOR THE SEPARATE SALE OF AN
ACCESSORY DWELLING UNIT
;
(I) E
NACTING LOCAL LAWS THAT ENCOURAGE THE CONSTRUCTION
OF ACCESSORY DWELLING UNITS THAT ARE FACTORY
-BUILT RESIDENTIAL
STRUCTURES
, AS DEFINED IN SECTION 24-32-3302 (10); OR
(J) ANY OTHER STRATEGY THAT IS APPROVED BY THE DEPARTMENT
AND THAT ENCOURAGES THE CONSTRUCTION
, CONVERSION, OR USE OF
ACCESSORY DWELLING UNITS
.
(b) (I) O
N OR BEFORE JUNE 30, 2025, A SUBJECT JURISDICTION SHALL
SUBMIT THE REPORT DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION.
(II) N
OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION, THE
DEPARTMENT MAY ALLOW A SUBJECT JURISDICTION TO SUBMIT THE REPORT
DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION NO MORE THAN SIX
MONTHS AFTER THE DEADLINE DESCRIBED IN SUBSECTION
(1)(b)(I) OF THIS
SECTION IF THE SUBJECT JURISDICTION DEMONSTRATES
, IN A FORM AND
MANNER DETERMINED BY THE DEPARTMENT
, THAT THE SUBJECT
JURISDICTION HAS
:
(A) I
NITIATED A PROCESS TO UPDATE ITS LOCAL LAWS AS NECESSARY
PAGE 15-HOUSE BILL 24-1152 TO COMPLY WITH THE REQUIREMENTS OF THE REPORT DESCRIBED IN
SUBSECTION
(1)(a) OF THIS SECTION;
(B) A
PLAN AND TIMELINE TO UPDATE ITS LOCAL LAWS AS
NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THE REPORT
DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION; AND
(C) PROVIDED AN EXPLANATION FOR NOT BEING ABLE TO MEET THE
DEADLINE DESCRIBED IN SUBSECTION
(1)(b)(I) OF THIS SECTION.
(c) I
F A LOCAL GOVERNMENT THAT IS NOT A SUBJECT JURISDICTION
SUBMITS A REPORT PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION, THAT
LOCAL GOVERNMENT SHALL
, AS PART OF THE REPORT, SUBMIT EVIDENCE OF
COMPLYING WITH THE REQUIREMENTS FOR A SUBJECT JURISDICTION
DESCRIBED IN SECTION
29-35-103.
(2) (a) W
ITHIN NINETY DAYS OF RECEIVING A LOCAL GOVERNMENT 'S
REPORT SUBMITTED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION, THE
DEPARTMENT SHALL REVIEW THE REPORT
, EITHER APPROVE OR REJECT THE
REPORT
, AND PROVIDE FEEDBACK TO THE LOCAL GOVERNMENT ON THE
REPORT
.
(b) I
F THE DEPARTMENT APPROVES A LOCAL GOVERNMENT 'S REPORT
SUBMITTED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION, THE
DEPARTMENT SHALL ISSUE TO THAT LOCAL GOVERNMENT A CERTIFICATE
INDICATING THAT THE LOCAL GOVERNMENT QUALIFIES AS AN ACCESSORY
DWELLING UNIT SUPPORTIVE JURISDICTION
. THE DEPARTMENT MAY REVOKE
SUCH A CERTIFICATE IF A LOCAL GOVERNMENT DOES NOT SATISFY THE
REQUIREMENTS OF SUBSECTION
(1)(a) OF THIS SECTION.
(c) I
F THE DEPARTMENT REJECTS A LOCAL GOVERNMENT 'S REPORT
SUBMITTED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION, THE
DEPARTMENT MAY GRANT THE LOCAL GOVERNMENT AN ADDITIONAL ONE
HUNDRED TWENTY DAYS TO CORRECT ANY DEFICIENCIES IDENTIFIED IN THE
REPORT AND RESUBMIT AN AMENDED REPORT
. WITHIN NINETY DAYS OF
RECEIVING AN AMENDED REPORT
, THE DEPARTMENT SHALL REVIEW THE
AMENDED REPORT
, EITHER APPROVE OR REJECT THE AMENDED REPORT , AND
PROVIDE FEEDBACK ON THE AMENDED REPORT
.
(3) T
HE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
PAGE 16-HOUSE BILL 24-1152 TRANSPORTATION, THE COLORADO ENERGY OFFICE , AND THE COLORADO
OFFICE OF ECONOMIC DEVELOPMENT
, MAY DEVELOP POLICIES AND
PROCEDURES AS NECESSARY TO IMPLEMENT THIS SECTION
.
29-35-105. Accessory dwelling unit fee reduction and
encouragement grant program - created - application - criteria -
awards - fund - reporting requirements - rules - definitions - repeal.
(1) T
HE ACCESSORY DWELLING UNIT FEE REDUCTION AND ENCOURAGEMENT
GRANT PROGRAM IS CREATED IN THE DEPARTMENT TO PROVIDE GRANTS TO
ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTIONS FOR ACTIVITIES
THAT PROMOTE THE CONSTRUCTION OF ACCESSORY DWELLING UNITS
,
INCLUDING BUT NOT LIMITED TO , OFFSETTING COSTS INCURRED IN
CONNECTION WITH DEVELOPING PRE
-APPROVED ACCESSORY DWELLING UNIT
PLANS
, PROVIDING TECHNICAL ASSISTANCE TO PERSONS CONVERTING OR
CONSTRUCTING ACCESSORY DWELLING UNITS
, OR WAIVING, REDUCING, OR
PROVIDING FINANCIAL ASSISTANCE FOR ACCESSORY DWELLING UNIT
ASSOCIATED FEES AND OTHER REQUIRED COSTS
.
(2) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH
THE GRANT PROGRAM TO OFFSET BOTH ELIGIBLE COSTS AND THE COST OF
WAIVING
, REDUCING, OR PROVIDING FINANCIAL ASSISTANCE FOR
REASONABLE AND NECESSARY ACCESSORY DWELLING UNIT FEES AND OTHER
REQUIRED COSTS FOR
:
(a) L
OW- AND MODERATE-INCOME HOUSEHOLDS;
(b) A
FFORDABLE ACCESSORY DWELLING UNITS ;
(c) A
CCESSIBLE OR VISITABLE ACCESSORY DWELLING UNITS ;
(d) A
CCESSORY DWELLING UNITS USED AS LONG -TERM RENTALS FOR
MEMBERS OF THE LOCAL WORKFORCE
; OR
(e) ACCESSORY DWELLING UNITS USED TO SUPPORT OTHER
DEMONSTRATED HOUSING NEEDS IN THE COMMUNITY
.
(3) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM AND ,
SUBJECT TO AVAILABLE APPROPRIATIONS, PROVIDE TECHNICAL ASSISTANCE,
DEVELOP A TOOLKIT TO SUPPORT LOCAL GOVERNMENTS IN ENCOURAGING
ACCESSORY DWELLING UNIT CONSTRUCTION
, RECEIVE GRANT APPLICATIONS
PAGE 17-HOUSE BILL 24-1152 AND AWARD GRANTS AS PROVIDED IN THIS SECTION .
(4) T
O RECEIVE A GRANT , AN ACCESSORY DWELLING UNIT
SUPPORTIVE JURISDICTION MUST SUBMIT AN APPLICATION TO THE
DEPARTMENT IN ACCORDANCE WITH THE POLICIES AND PROCEDURES
DEVELOPED BY THE DEPARTMENT PURSUANT TO SUBSECTION
(9) OF THIS
SECTION
. AT A MINIMUM, THE APPLICATION MUST INCLUDE THE FOLLOWING :
(a) A
COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT
PURSUANT TO SECTION
29-35-104 CERTIFYING THAT THE LOCAL
GOVERNMENT IS AN ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION
;
(b) T
HE NUMBER OF ACCESSORY DWELLING UNITS THAT THE LOCAL
GOVERNMENT HAS PERMITTED AND WHEN THE LOCAL GOVERNMENT
PERMITTED THOSE ACCESSORY DWELLING UNITS
;
(c) T
HE TYPE AND COSTS OF FEES AND OTHER ELIGIBLE COSTS THAT
THE LOCAL GOVERNMENT IS PROPOSING TO USE A GRANT AWARD TO PAY
FOR
;
(d) T
HE NUMBER OF ACCESSORY DWELLING UNITS THAT THE LOCAL
GOVERNMENT EXPECTS TO SUPPORT WITH A GRANT AWARD AND THE PERIOD
FOR WHICH THE LOCAL GOVERNMENT INTENDS TO SUPPORT THOSE
ACCESSORY DWELLING UNITS
; AND
(e) INFORMATION ABOUT THE TYPES OF HOUSEHOLDS AND
ACCESSORY DWELLING UNITS THAT THE LOCAL GOVERNMENT INTENDS TO
SUPPORT WITH A GRANT AWARD
, SUCH AS WHETHER THE LOCAL
GOVERNMENT INTENDS TO SUPPORT LOW
- AND MODERATE -INCOME
HOUSEHOLDS
, AFFORDABLE ACCESSORY DWELLING UNITS , ACCESSIBLE OR
VISITABLE ACCESSORY DWELLING UNITS
, ACCESSORY DWELLING UNITS FOR
HOUSING THE LOCAL WORKFORCE
, OR ACCESSORY DWELLING UNITS
SUPPORTING OTHER DEMONSTRATED HOUSING NEEDS IN THE COMMUNITY
.
(5) T
HE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED
PURSUANT TO SUBSECTION
(4) OF THIS SECTION. IN AWARDING GRANTS, THE
DEPARTMENT SHALL GIVE PRIORITY TO LOCAL GOVERNMENTS THAT
:
(a) I
MPOSE ACCESSORY DWELLING UNIT FEES AND COSTS THAT ARE
REASONABLE AND NECESSARY
;
PAGE 18-HOUSE BILL 24-1152 (b) HAVE DEMONSTRATED A SIGNIFICANT COMMITMENT TO FURTHER
CONSTRUCTION AND CONVERSION OF ACCESSORY DWELLING UNITS THROUGH
THE ADOPTION OF STRATEGIES DESCRIBED IN SECTION
29-35-104 (1)(a)(II);
AND
(c) PROVIDE OFFSETS FOR, OR WAIVE A GREATER NUMBER OF
ACCESSORY DWELLING UNIT FEES FOR
:
(I) L
OW- AND MODERATE-INCOME HOUSEHOLDS; OR
(II) ACCESSORY DWELLING UNITS THAT ARE RENTED TO LOW - AND
MODERATE
-INCOME HOUSEHOLDS.
(6) I
N AWARDING A GRANT , THE DEPARTMENT SHALL AWARD A
LOCAL GOVERNMENT AN AMOUNT E QUAL TO NO MORE THAN FIFTEEN
THOUSAND DOLLARS PER ACCESSORY DWELLING UNIT PERMITTED BY THE
LOCAL GOVERNMENT
, TO BE REIMBURSED BASED ON THE NUMBER OF
PERMITTED ACCESSORY DWELLING UNITS
.
(7) (a) T
HE ACCESSORY DWELLING UNIT FEE REDUCTION AND
ENCOURAGEMENT GRANT PROGRAM FUND IS CREATED IN THE STATE
TREASURY
. THE FUND CONSISTS OF ANY MONEY THAT THE GENERAL
ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND GIFTS
,
GRANTS, OR DONATIONS CREDITED TO THE FUND . THE STATE TREASURER
SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
INVESTMENT OF MONEY IN THE FUND TO THE FUND
.
(b) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY
, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR THE
PURPOSE OF IMPLEMENTING AND ADMINISTERING THE GRANT PROGRAM
.
(c) O
N OR BEFORE JUNE 30, 2024, THE STATE TREASURER SHALL
TRANSFER FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
.
(8) I
N ACCORDANCE WITH THE POLICIES AND PROCEDURES
DEVELOPED BY THE DEPARTMENT PURSUANT TO SUBSECTION
(9) OF THIS
SECTION
, EACH LOCAL GOVERNMENT THAT RECEIVES A GRANT THR OUGH THE
GRANT PROGRAM SHALL SUBMIT A REPORT TO THE DEPARTMENT
. AT A
MINIMUM
, THE REPORT MUST INCLUDE THE FOLLOWING INFORMATION :
PAGE 19-HOUSE BILL 24-1152 (a) THE NUMBER OF ACCESSORY DWELLING UNITS WITH ACCESSORY
DWELLING UNIT FEES OR COSTS THAT LOCAL GOVERNMENTS WAIVED
,
REDUCED, OR PROVIDED FINANCIAL ASSISTANCE FOR IN THE PAST YEAR ;
(b) T
HE TOTAL AMOUNT OF ELIGIBLE COSTS THAT LOCAL
GOVERNMENTS INCURRED AND WERE REIMBURSED FOR THROUGH THE GRANT
PROGRAM IN THE PAST YEAR IN CONNECTION WITH THE GRANT PROGRAM
;
(c) T
HE NUMBER OF THE ACCESSORY DWELLING UNITS DESCRIBED IN
SUBSECTION
(8)(a) OF THIS SECTION THAT WERE BUILT IN THE PAST YEAR
THAT WERE BUILT BY LOW
- AND MODERATE-INCOME HOUSEHOLDS, THAT
ARE AFFORDABLE ACCESSORY DWELLING UNITS
, AND THAT ARE VISITABLE
OR ACCESSIBLE ACCESSORY DWELLING UNITS
;
(d) T
HE NUMBER OF ACCESSORY DWELLING UNITS THAT ARE
FACTORY
-BUILT RESIDENTIAL STRUCTURES , AS DEFINED IN SECTION
24-32-3302 (10); AND
(e) THE NUMBER OF ACCESSORY DWELLING UNIT PERMITS AWARDED ,
DENIED, OR IN PROGRESS IN THE LOCAL GOVERNMENT 'S JURISDICTION.
(9) T
HE DEPARTMENT SHALL IMPLEMENT THE GRANT PROGRAM IN
ACCORDANCE WITH THIS SECTION
. THE DEPARTMENT SHALL DEVELOP , IN
CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION
, THE
COLORADO ENERGY OFFICE , AND THE COLORADO OFFICE OF ECONOMIC
DEVELOPMENT
, POLICIES AND PROCEDURES BOTH AS REQUIRED IN THIS
SECTION AND AS MAY BE NECESSARY TO IMPLEMENT THE GRANT PROGRAM
.
(10) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
CCESSORY DWELLING UNIT FEE" MEANS A REASONABLE AND
NECESSARY FEE COLLECTED OR REQUIRED BY A LOCAL GOVERNMENT IN
CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF AN ACCESSORY
DWELLING UNIT
. SUCH A FEE MAY INCLUDE IMPACT FEES.
(b) (I) "E
LIGIBLE COSTS" MEANS COSTS INCURRED BY A LOCAL
GOVERNMENT AND DETERMINED BY THE DEPARTMENT TO BE INCURRED IN
CONNECTION WITH DEVELOPING PRE
-APPROVED ACCESSORY DWELLING UNIT
PLANS
, PROVIDING TECHNICAL ASSISTANCE TO PERSONS CONVERTING OR
PAGE 20-HOUSE BILL 24-1152 CONSTRUCTING ACCESSORY DWELLING UNITS , OR OTHER REASONABLE AND
NECESSARY FEES LEVIED BY OR COSTS BORNE BY THE LOCAL GOVERNMENT
FOR THE CONSTRUCTION OR CONVERSION OF AN ACCESSORY DWELLING UNIT
.
(II) N
OTWITHSTANDING SUBSECTION (10)(b)(I) OF THIS SECTION, IN
ORDER FOR COSTS INCURRED BY A LOCAL GOVERNMENT IN CONNECTION
WITH DEVELOPING PRE
-APPROVED ACCESSORY DWELLING UNIT PLANS TO
QUALIFY AS ELIGIBLE COSTS
, AT LEAST ONE SUCH PRE-APPROVED ACCESSORY
DWELLING UNIT PLAN MUST BE FOR AN ACCESSIBLE OR VISITABLE
ACCESSORY DWELLING UNIT
.
(c) "F
UND" MEANS THE ACCESSORY DWELLING UNIT FEE REDUCTION
AND ENCOURAGEMENT GRANT PROGRAM FUND CREATED IN SUBSECTION
(7)
OF THIS SECTION.
(d) "G
RANT PROGRAM" MEANS THE ACCESSORY DWELLING UNIT FEE
REDUCTION AND ENCOURAGEMENT GRANT PROGRAM CREATED IN THIS
SECTION
.
(11) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2030.
SECTION 2. In Colorado Revised Statutes, 24-32-3305, add (3.3)
as follows:
24-32-3305. Rules - advisory committee - enforcement. (3.3) T
HE
DEPARTMENT SHALL CREATE FOR FACTORY
-BUILT STRUCTURES, INCLUDING
THOSE THAT WOULD BE CONSIDERED ACCESSORY DWELLING UNITS
, MODEL
PUBLIC SAFETY CODE REQUIREMENTS RELATED TO GEOGRAPHIC OR CLIMATIC
CONDITIONS
, SUCH AS WEIGHT RESTRICTIONS FOR ROOF SNOW LOADS , WIND
SHEAR FACTORS
, OR WILDFIRE RISK, FOR LOCAL GOVERNMENTS TO CONSIDER
AND ADOPT PURSUANT TO SECTION
24-32-3318 (2)(a).
SECTION 3. In Colorado Revised Statutes, 24-46-104, add (1)(q)
as follows:
24-46-104. Powers and duties of commission - repeal. (1) The
commission has the following powers and duties:
(q) (I) T
O EXPEND EIGHT MILLION DOLLARS TO CONTRACT WITH THE
COLORADO HOUSING AND FINANCE AUTHORITY , CREATED IN PART 7 OF
PAGE 21-HOUSE BILL 24-1152 ARTICLE 4 OF TITLE 29, FOR THE CREATION AND OPERATION OF ONE OR MORE
OF THE FOLLOWING PROGRAMS TO BENEFIT LOW
- TO MODERATE-INCOME
RESIDENTS IN LOCAL GOVERNMENTS THAT HAVE BEEN CERTIFIED AS
ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTIONS BY THE
DEPARTMENT OF LOCAL AFFAIRS
:
(A) A
N ACCESSORY DWELLING UNIT CREDIT ENHANCEMENT
PROGRAM THAT SUPPORTS LENDERS OFFERING AFFORDABLE LOANS TO
ELIGIBLE LOW
- AND MODERATE -INCOME BORROWERS FOR THE
CONSTRUCTION OR CONVERSION OF ACCESSORY DWELLING UNITS
;
(B) A
PROGRAM THAT ALLOWS FOR THE BUYING DOWN OF INTEREST
RATES ON LOANS MADE TO ELIGIBLE LOW
- AND MODERATE -INCOME
BORROWERS IN CONNECTION WITH THE CONSTRUCTION OR CONVERSION OF
ACCESSORY DWELLING UNITS
;
(C) A
PROGRAM THAT OFFERS DOWN PAYMENT ASSISTANCE IN
CONNECTION WITH ACCESSORY DWELLING UNITS
, PRINCIPAL REDUCTION ON
LOANS TO ELIGIBLE LOW
- AND MODERATE-INCOME BORROWERS MADE IN
CONNECTION WITH ACCESSORY DWELLING UNITS
, OR BOTH; OR
(D) A PROGRAM IN WHICH THE COLORADO HOUSING AND FINANCE
AUTHORITY OFFERS LOANS
, REVOLVING LINES OF CREDIT, OR GRANTS TO
ELIGIBLE NON
-PROFITS, PUBLIC HOUSING AUTHORITIES, AND COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS TO MAKE DIRECT L OANS OR GRANTS
TO SUPPORT THE CONSTRUCTION OR CONVERSION OF ACCESSORY DWELLING
UNITS FOR LOW
- AND MODERATE-INCOME BORROWERS OR TENANTS .
(II) A
NY CONTRACT MADE BY THE COMMISSION WITH THE
COLORADO HOUSING AND FINANCE AUTHORITY PURSUANT TO THIS
SUBSECTION
(1)(q) MAY INCLUDE NORMAL AND CUSTOMARY FEES AND
EXPENSES FOR ADMINISTRATING THE PROGRAMS DESCRIBED IN THIS
SUBSECTION
(1)(q).
SECTION 4. In Colorado Revised Statutes, 24-46-105, add (1)(c)
as follows:
24-46-105. Colorado economic development fund - creation -
report - repeal. (1) (c) (I) O
N JULY 1, 2024, THE STATE TREASURER SHALL
TRANSFER EIGHT MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
.
PAGE 22-HOUSE BILL 24-1152 THE COMMISSION SHALL USE THE FUNDS TRANSFERRED PURSUANT TO THIS
SUBSECTION
(1)(c)(I) TO CONTRACT WITH THE COLORADO HOUSING AND
FINANCE AUTHORITY
, CREATED IN PART 7 OF ARTICLE 4 OF TITLE 29, FOR THE
PURPOSES DESCRIBED IN SECTION
24-46-104 (1)(q).
(II) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 5. In Colorado Revised Statutes, 24-67-105, add (5.3)
as follows:
24-67-105. Standards and conditions for planned unit
development - definitions. (5.3) (a) I
N A SUBJECT JURISDICTION, ANY
PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDI NANCE THAT IS ADOPTED
OR APPROVED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(5.3),
AND THAT ALLOWS THE CONSTRUCTION OF ONE OR MORE SINGLE -UNIT
DETACHED DWELLINGS
, MUST NOT RESTRICT THE CREATION OF AN
ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO ANY SINGLE
-UNIT
DETACHED DWELLING MORE THAN THE LOCAL LAW THAT APPLIES TO
ACCESSORY DWELLING UNIT DEVELOPMENT OUTSIDE OF A PLANNED UNIT
DEVELOPMENT OR IN ANY WAY THAT IS PROHIBITED BY SECTION
29-35-103.
(b) I
N A SUBJECT JURISDICTION, ANY PLANNED UNIT DEVELOPMENT
RESOLUTION OR ORDINANCE THAT WAS ADOPTED OR APPROVED BEFORE THE
EFFECTIVE DATE OF THIS SUBSECTION
(5.3), THAT ALLOWS THE
CONSTRUCTION OF ONE OR MORE SINGLE
-UNIT DETACHED DWELLINGS, AND
THAT RESTRICTS THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT AS
AN ACCESSORY USE TO ANY SINGLE
-UNIT DETACHED DWELLING MORE THAN
THE LOCAL LAW THAT APPLIES TO ACCESSORY DWELLING UNIT
DEVELOPMENT OUTSIDE OF A PLANNED UNIT DEVELOPMENT
:
(I) S
HALL NOT BE INTERPRETED OR ENFORCED TO RESTRICT THE
CREATION OF AN ACCESSORY DWELLING UNIT AS AN ACCESSORY USE TO ANY
SINGLE
-UNIT DETACHED DWELLING UNIT IN ANY WAY THAT IS PROHIBITED BY
SECTION
29-35-103; AND
(II) MAY BE SUPERSEDED BY THE ADOPTION OF A LOCAL LAW
PURSUANT TO SECTION
29-35-103.
(c) N
OTWITHSTANDING SUBSECTION (5.3)(b) OF THIS SECTION, A
LOCAL GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY SUCH
PAGE 23-HOUSE BILL 24-1152 PLANNED UNIT DEVELOPMENT .
(d) A
S USED IN THIS SUBSECTION (5.3), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I) "A
CCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET
FORTH IN SECTION
29-35-102 (2).
(II) "L
OCAL LAW" HAS THE SAME MEANING AS SET FORTH IN SECTION
29-35-102 (13).
(III) "S
UBJECT JURISDICTION" HAS THE SAME MEANING AS SET FORTH
IN SECTION
29-35-102 (21).
SECTION 6. In Colorado Revised Statutes, 38-33.3-106.5, add (4)
as follows:
38-33.3-106.5. Prohibitions contrary to public policy - patriotic,
political, or religious expression - public rights-of-way - fire prevention
- renewable energy generation devices - affordable housing - drought
prevention measures - child care - definitions. (4) (a) I
N A SUBJECT
JURISDICTION OR AN ACCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION
,
NO PROVISION OF A DECLARATION , BYLAW, OR RULE OF AN ASSOCIATION
THAT IS ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(4)
MAY RESTRICT THE CREATION OF AN ACCESSORY DWELLING UNIT AS AN
ACCESSORY USE TO ANY SINGLE
-UNIT DETACHED DWELLING IN ANY WAY
THAT IS PROHIBITED BY SECTION
29-35-103, AND ANY PROVISION OF A
DECLARATION
, BYLAW, OR RULE THAT INCLUDES SUCH A RESTRICTION IS
VOID AS A MATTER OF PUBLIC POLICY
.
(b) I
N A SUBJECT JURISDICTION OR AN ACCESSORY DWELLING UNIT
SUPPORTIVE JURISDICTION
, NO PROVISION OF A DECLARATION, BYLAW, OR
RULE OF AN ASSOCIATION THAT IS ADOPTED BEFORE THE EFFECTIVE DATE OF
THIS SUBSECTION
(4) MAY RESTRICT THE CREATION OF AN ACCESSORY
DWELLING UNIT AS AN ACCESSORY USE TO ANY SINGLE
-UNIT DETACHED
DWELLING IN ANY WAY THAT IS PROHIBITED BY SECTION
29-35-103, AND
ANY PROVISION OF A DECLARATION
, BYLAW, OR RULE THAT INCLUDES SUCH
A RESTRICTION IS VOID AS A MATTER OF PUBLIC POLICY
.
(c) S
UBSECTIONS (4)(a) AND (4)(b) OF THIS SECTION DO NOT APPLY
PAGE 24-HOUSE BILL 24-1152 TO REASONABLE RESTRICTIONS ON ACCESSORY DWELLING UNITS . AS USED
IN THIS SUBSECTION
(4)(c), "REASONABLE RESTRICTION " MEANS A
SUBSTANTIVE CONDITION OR REQUIREMENT THAT DOES NOT UNREAS ONABLY
INCREASE THE COST TO CONSTRUCT
, EFFECTIVELY PROHIBIT THE
CONSTRUCTION OF
, OR EXTINGUISH THE ABILITY TO OTHERWISE CONSTRUCT ,
AN ACCESSORY DWELLING UNIT CONSISTENT WITH PART 1 OF ARTICLE 35 OF
TITLE
29.
(d) A
S USED IN THIS SUBSECTION (4), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I)
"ACCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET
FORTH IN SECTION
29-35-102 (2).
(II) "A
CCESSORY DWELLING UNIT SUPPORTIVE JURISDICTION " HAS
THE SAME MEANING AS SET FORTH IN SECTION
29-35-102 (3).
(III) "S
UBJECT JURISDICTION" HAS THE SAME MEANING AS SET FORTH
IN SECTION
29-35-102 (21).
SECTION 7. Appropriation. (1) For the 2024-25 state fiscal year,
$537,246 is appropriated to the department of local affairs. This
appropriation is from the accessory dwelling unit fee reduction and
encouragement grant program fund created in section 29-35-105 (7)(a),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $467,246 for use by division of local government for accessory
dwelling unit fee reduction and encouragement grant program related to
local government services, which amount is based on an assumption that the
division will require an additional 4.9 FTE; and
(b) $70,000 for the purchase of information technology services.
(2) For the 2024-25 state fiscal year, $70,000 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
local affairs under subsection (1)(b) of this section. To implement this act,
the office may use this appropriation to provide information technology
services for the department of local affairs.
PAGE 25-HOUSE BILL 24-1152 SECTION 8. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 26-HOUSE BILL 24-1152