CO
Colorado House Bill HB1169

Colorado 2025 Regular Session

Colorado House Bill HB1169 Compare Versions

OldNewDifferences
11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 25-0029.01 Caroline Martin x5902
88 HOUSE BILL 25-1169
99 House Committees Senate Committees
1010 Transportation, Housing & Local Government
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE PROMOTION OF RESIDENTIAL DEVELOPMENT ON101
1414 QUALIFYING PROPERTIES .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill requires a subject jurisdiction, on or after December 31,
2323 2026, to allow a residential development to be constructed on a qualifying
2424 property that does not contain an exempt parcel, subject to an
2525 administrative approval process.
2626 The bill specifies that a subject jurisdiction shall not:
2727 ! Disallow construction of a residential development on the
2828 HOUSE
29-3rd Reading Unamended
30-March 17, 2025
31-HOUSE
3229 Amended 2nd Reading
3330 March 5, 2025
3431 HOUSE SPONSORSHIP
35-Boesenecker and Mabrey, Camacho, Lindsay, Lindstedt, Stewart R., Willford, Zokaie,
36-Bacon, Espenoza, Froelich, Garcia, McCormick, Rutinel, Rydin, Sirota, Smith, Stewart K.,
37-Story, Woodrow
32+Boesenecker and Mabrey, Camacho, Lindsay, Lindstedt, Stewart R., Willford, Zokaie
3833 SENATE SPONSORSHIP
3934 Gonzales J. and Exum, Cutter, Jodeh, Kipp, Winter F.
4035 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4136 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4237 Dashes through the words or numbers indicate deletions from existing law. basis of height if the tallest structure in the residential
4338 development is no more than 3 stories or 45 feet tall;
4439 ! Disallow construction of a residential development on the
4540 basis of height if the tallest structure in the residential
4641 development complies with the height-related standards for
4742 the zoning district in which the residential development
4843 will be built or any zoning district that is contiguous to the
4944 qualifying property on which the residential development
5045 will be built;
5146 ! Disallow construction of a residential development based
5247 on the number of dwelling units that the residential
5348 development will contain, except in accordance with
5449 standards listed in the bill; or
5550 ! Apply standards to a residential development on a
5651 qualifying property that are more restrictive than the
5752 standards the subject jurisdiction applies to similar housing
5853 constructed within the subject jurisdiction, including
5954 standards related to structure setbacks from property lines;
6055 lot coverage or open space; on-site parking requirements;
6156 numbers of bedrooms in a multifamily residential
6257 development; or on-site landscaping, screening, and
6358 buffering requirements.
6459 A subject jurisdiction shall allow the following uses in a
6560 residential development on a qualifying property:
6661 ! Childcare; and
6762 ! The provision of recreational, social, or educational
6863 services provided by community organizations for use by
6964 the residents of the residential development and the
7065 surrounding community.
7166 A subject jurisdiction may condition additional uses in a residential
7267 development on the uses being allowed only on the ground floor of the
7368 residential development and the uses occupying no more than 15% of the
7469 ground floor area of the residential development.
7570 The bill requires a faith-based organization, school district, or state
7671 college or university to notify the county assessor that a subject
7772 jurisdiction has allowed the construction of a residential development on
7873 a qualifying property within the county.
7974 Be it enacted by the General Assembly of the State of Colorado:1
8075 SECTION 1. In Colorado Revised Statutes, add part 5 to article2
8176 35 of title 29 as follows:3
8277 PART 54
8378 1169-2- RESIDENTIAL DEVELOPMENT ON1
8479 QUALIFYING PROPERTIES2
8580 29-35-501. Legislative declaration.
8681 (1) THE GENERAL ASSEMBLY3
8782 FINDS AND DECLARES THAT:4
8883 (a) C
8984 OLORADANS ARE OVERWHELMINGLY BURDENED WITH THE5
9085 COST OF HOUSING. IN 2022, FORTY-FIVE PERCENT OF COLORADO RENTERS6
9186 SPENT OVER THIRTY PERCENT OF THEIR INCOME ON RENT . IN ORDER TO7
9287 AFFORD THE MEDIAN RENT OF ONE THOUSAND SEVEN HUNDRED8
9388 SEVENTY-ONE DOLLARS WITHOUT BEING COST -BURDENED, A COLORADO9
9489 RENTER MUST EARN AN ANNUAL INCOME THAT EXCEEDS SEVENTY10
9590 THOUSAND DOLLARS. FURTHER, TO PURCHASE A MEDIAN-PRICED HOME IN11
9691 C
9792 OLORADO WITH A TWENTY PERCENT DOWN PAYMENT WITHOUT BEING12
9893 COST-BURDENED, A COLORADAN MUST EARN AN ANNUAL INCOME THAT13
9994 EXCEEDS ONE HUNDRED TWENTY -NINE THOUSAND DOLLARS.14
10095 (b) A
10196 S OF NOVEMBER 2024, THE AVERAGE COST OF CONSTRUCTION15
10297 IN COLORADO WAS APPROXIMATELY FOUR HUNDRED EIGHTY -THREE16
10398 THOUSAND DOLLARS PER UNIT , REPRESENTING AN INCREASE OF OVER17
10499 SIXTY THOUSAND DOLLARS FROM THE PREVIOUS YEAR ;18
105100 (c) A
106101 S COLORADO GROWS, SO DOES THE CHALLENGE OF PROVIDING19
107102 AFFORDABLE HOUSING TO ITS RESIDENTS. WHILE LAND THAT IS AVAILABLE20
108103 FOR NEW HOUSING IN ESTABLISHED COMMUNITIES IS IN SHORT SUPPLY ,21
109104 MANY QUALIFYING ORGANIZATIONS OWN UNDERUTILIZED PROPERTIES22
110105 UPON WHICH HOUSING COULD BE BUILT .23
111106 (d) I
112107 N DENVER, JEFFERSON, ARAPAHOE, AND DOUGLAS COUNTIES24
113108 ALONE, FAITH-BASED ORGANIZATIONS OWN MORE THAN FIVE THOUSAND25
114109 ACRES OF UNDEVELOPED LAND , SOME OF WHICH HAS NEVER BEEN26
115110 DEVELOPED AND SOME OF WHICH HAS BEEN VACANT FOR OVER SEVENTY27
116111 1169
117112 -3- YEARS. IN MANY CASES, FAITH-BASED ORGANIZATIONS ARE MOWING OR1
118113 MAINTAINING THESE LOTS AT SIGNIFICANT COST WITH NO REAL BENEFIT TO2
119114 THE COMMUNITY.3
120115 (e) COLORADO URGENTLY NEEDS MORE HOUSING TO MEET THE4
121116 NEEDS OF A GROWING STATEWIDE POPULATION AND ADDRESS ISSUES5
122117 DIRECTLY RELATED TO HOUSING, SUCH AS TRANSIT, COMMUTING, THE6
123118 WORKFORCE, AND THE ENVIRONMENT. PROVIDING OPPORTUNITIES TO7
124119 CONSTRUCT RESIDENTIAL DEVELOPMENTS ON UNDERUTILIZED LAND IS A8
125120 MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .9
126121 (f) LOCAL ZONING REGULATIONS CAN PREVENT HOUSING FROM10
127122 BEING DEVELOPED ON VACANT PROPERTIES BY PROHIBITING RESIDENTIAL11
128123 DEVELOPMENT IN ASSOCIATION WITH PLACES OF ASSEMBLY , OR BY12
129124 REQUIRING EXTENSIVE REZONING PROCESSES THAT ADD COST AND13
130125 UNCERTAINTY TO AFFORDABLE HOUSING PROJECTS ; AND14
131126 (g) THIS HOUSE BILL 25-1169, ENACTED IN 2025, STREAMLINES15
132127 THE BUILDING PROCESS FOR QUALIFYING PROPERTIES , INCLUDING16
133128 PROPERTIES OWNED BY FAITH-BASED ORGANIZATIONS, BY PROVIDING A17
134129 PROCESS THAT ALLOWS RESIDENTIAL DEVELOPMENTS TO BE CONSTRUCTED18
135130 ON QUALIFYING PROPERTIES AS LONG AS CERTAIN REQUIREMENTS ARE19
136131 SATISFIED.20
137132 (2) T
138133 HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT21
139134 IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT EVERY PERSON22
140135 INVOLVED IN THE CONSTRUCTION , MANAGEMENT, AND OPERATION OF A23
141136 QUALIFYING PROPERTY IN CONNECTION WITH THIS PART 5 COMPLIES WITH24
142137 THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ., THE25
143138 FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.26
144139 12101
145140 ET SEQ., AND ALL OTHER STATE AND FEDERAL LAWS .27
146141 1169
147142 -4- 29-35-502. Definitions. A S USED IN THIS PART 5, UNLESS THE1
148143 CONTEXT OTHERWISE REQUIRES :2
149144 (1) "D
150145 WELLING UNIT" HAS THE SAME MEANING AS SET FORTH IN3
151146 SECTION 29-35-402 (8).4
152147 (2) "E
153148 XEMPT PARCEL" MEANS:5
154149 (a) A
155150 PARCEL THAT IS NOT SERVED BY A DOMESTIC WATER AND6
156151 SEWAGE TREATMENT SYSTEM , AS DEFINED IN SECTION 24-65.1-104 (5); IS7
157152 SERVED BY A WELL THAT IS NOT CONNECTED TO A WATER DISTRIBUTION8
158153 SYSTEM, AS DEFINED IN SECTION 25-9-102 (6); OR IS SERVED BY A SEPTIC9
159154 TANK, AS DEFINED IN SECTION 25-10-103 (18);10
160155 (b) A
161156 PARCEL WHERE RESIDENTIAL USE IS PREVENTED OR LIMITED11
162157 BY STATE REGULATION, FEDERAL REGULATION, OR DEED RESTRICTION12
163158 PURSUANT TO:13
164159 (I) F
165160 EDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT14
166161 TO 14 CFR 77;15
167162 (II) A
168163 N ENVIRONMENTAL COVENANT PURSUANT TO SECTION16
169164 25-15-318
170165 TO SECTION 25-15-323; OR17
171166 (III) F
172167 LAMMABLE GAS OVERLAY ZONING DISTRICT RESTRICTIONS ; 18
173168 (c) A
174169 PARCEL THAT IS USED AS A CEMETERY , AS DEFINED IN19
175170 SECTION 10-15-102 (2); OR20
176171 (d) A
177172 PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT .21
178173 (3) "F
179174 AITH-BASED ORGANIZATION" MEANS ANY ORGANIZATION ,22
180175 CHURCH, BODY OF COMMUNICANTS , OR GROUP THAT IS:23
181176 (a) G
182177 ATHERED IN COMMON MEMBERSHIP FOR THE PURPOSE OF24
183178 PROPAGATING ITS FAITH OR CARRYING ON HUMANITARIAN WORK RELATED25
184179 TO THAT FAITH;26
185180 (b) L
186181 OCATED ON PROPERTY OWNED BY A NONPROFIT27
187182 1169
188183 -5- ORGANIZATION WITH A RELIGIOUS MISSION ;1
189184 (c) L
190185 OCATED ON PROPERTY THAT IS USED FOR RELIGIOUS2
191186 PURPOSES; AND3
192187 (d) N
193188 OT ORGANIZED FOR PRIVATE GAIN OR CORPORATE PROFIT .4
194189 (4) "Q
195190 UALIFYING PROPERTY" MEANS REAL PROPERTY
196191 THAT5
197192 CONTAINS NO MORE THAN FIVE ACRES OF LAND AND THAT HAS BEEN6
198193 OWNED BY A FAITH -BASED ORGANIZATION , A SCHOOL DISTRICT, AS7
199194 DEFINED IN SECTION 22-30-103 (13), OR A STATE COLLEGE OR UNIVERSITY,8
200195 AS DEFINED IN SECTION 23-2-102 (15), FOR AT LEAST FIVE YEARS.9
201196 (5) "R
202197 ESIDENTIAL DEVELOPMENT" MEANS A DEVELOPMENT WITH10
203198 ONE OR MORE STRUCTURES THAT CONTAINS PERMANENT DWELLING UNITS11
204199 AND DOES NOT CONTAIN ANY TEMPORARY HOUSING OR SHELTER SPACE .12
205200 (6) "S
206201 IMILAR HOUSING" MEANS HOUSING THAT IS SIMILAR IN FORM13
207202 AND NUMBER OF DWELLING UNITS .14
208203 (7) "S
209204 UBJECT JURISDICTION" MEANS A LOCAL
210205 GOVERNMENT THAT15
211206 HAD A POPULATION GREATER THAN TWO THOUSAND PEOPLE AS OF THE16
212207 LAST UNITED STATES CENSUS.17
213208 29-35-503. Residential developments on qualifying properties.18
214209 (1) Residential developments on qualifying properties. O
215210 N OR AFTER19
216211 D
217212 ECEMBER 31, 2026, A SUBJECT JURISDICTION SHALL ALLOW A20
218213 RESIDENTIAL DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING21
219214 PROPERTY THAT DOES NOT CONTAIN AN EXEMPT PARCEL , SUBJECT TO AN22
220215 ADMINISTRATIVE APPROVAL PROCESS AND IN ACCORDANCE WITH23
221216 SECTIONS 29-35-504 AND 29-35-505.24
222217 (2) Subject jurisdiction administrative practices. N
223218 OTHING IN25
224219 THIS SECTION PREVENTS A SUBJECT JURISDICTION FROM :26
225220 (a)
226221 APPLYING AND ENFORCING INFRASTRUCTURE STANDARDS IN27
227222 1169
228223 -6- LOCAL LAW DURING THE ADMINISTRATIVE APPROVAL PROCESS , INCLUDING1
229224 STANDARDS RELATED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS2
230225 CODES;3
231226 (b) A
232227 PPLYING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY4
233228 CODE, INCLUDING A BUILDING, FIRE, UTILITY, OR STORMWATER CODE;5 (c) APPLYING AND ENFORCING REGULATIONS RELATED TO HUMAN6
234229 AND ENVIRONMENTAL HEALTH AND SAFETY, INCLUDING OIL AND GAS7
235230 SETBACKS, FLOODPLAIN REGULATIONS, AND AIRPORT INFLUENCE AREAS;8
236231 (d) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE9
237232 PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES IN10
238233 ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS11
239234 IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;12
240235 (e) REQUIRING A STATEMENT BY A WATER OR WASTEWATER13
241236 SERVICE PROVIDER REGARDING ITS CAPACITY TO SERVICE THE PROPERTY14
242237 AS A CONDITION OF ALLOWING A RESIDENTIAL DEVELOPMENT ;15
243238 (f) APPLYING AND ENFORCING INCLUSIONARY ZONING16
244239 ORDINANCES, DEED RESTRICTIONS, COMMUNITY BENEFIT AGREEMENTS,17
245240 DEVELOPMENT AGREEMENTS, OR OTHER AFFORDABLE HOUSING POLICIES18
246241 OR STANDARDS;19
247242 (g) APPLYING STANDARDS TO ALLOW A RESIDENTIAL20
248243 DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING PROPERTY WHEN21
249244 SUCH RESIDENTIAL DEVELOPMENT WOULD OTHERWISE BE DISALLOWED22
250245 BASED ON THE STANDARDS DESCRIBED IN SECTION 29-35-504 (1), OR23
251246 OTHERWISE OFFERING AFFORDABLE HOUSING INCENTIVES TO DEVELOPERS;24
252247 OR25
253248 (h) ENACTING OR APPLYING A LOCAL LAW CONCERNING A26
254249 SHORT-TERM RENTAL, AS THAT TERM IS DEFINED IN SECTION 29-35-40227
255250 1169
256251 -7- (19), OF A DWELLING UNIT ON A QUALIFYING PROPERTY .1
257252 (3) Changes to tax exempt status. NOTWITHSTANDING2
258253 MISSION-DEFINED ACTIVITIES CONDUCTED UPON QUALIFYING PROPERTIES ,3
259254 PERMITTED ACTIVITIES OUTLINED IN THIS SECTION ARE NOT4
260255 AUTOMATICALLY EXEMPT FROM TAXATION AT THE LOCAL, STATE, OR5
261256 FEDERAL LEVEL.6
262257 (4) School district administrative practices. N OTHING IN THIS7
263258 SECTION PREVENTS A SCHOOL DISTRICT FROM CONSTRUCTING ,8
264259 PURCHASING, OR REMODELING A TEACHERAGE PURSUANT TO SECTION9
265260 22-32-110 (1)(d), OR FROM USING ANY OF THE PROCESSES DESCRIBED IN10
266261 SECTION 22-32-124 REGARDING BUILDINGS AND STRUCTURES .11
267262 (5) Prohibition on discrimination. A RESIDENTIAL DEVELOPMENT12
268263 CONSTRUCTED PURSUANT TO THIS SECTION IS CONSIDERED HOUSING FOR13
269264 A COMMERCIAL PURPOSE PURSUANT TO 42 U.S.C. SEC. 3607 ET SEQ. ANY14
270265 PERSON INVOLVED IN THE CONSTRUCTION OR MAINTENANCE OF A15
271266 RESIDENTIAL DEVELOPMENT PURSUANT TO THIS SECTION :16
272267 (a) MUST COMPLY WITH ALL FEDERAL AND STATE LAWS17
273268 REGARDING NONDISCRIMINATORY ACCESS TO HOUSING, INCLUDING THE18
274269 FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ.; THE19
275270 "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET20
276271 SEQ.; AND THE COLORADO ANTI-DISCRIMINATION ACT, PARTS 3 THROUGH21
277272 8 OF ARTICLE 34 OF TITLE 24; AND22
278273 (b) MAY BE SUBJECT TO A DISCRIMINATION COMPLAINT FILED WITH23
279274 THE COLORADO CIVIL RIGHTS DIVISION OR OTHER COURT .24
280275 29-35-504. Affordability requirements for qualifying25
281276 properties. (1) A SUBJECT JURISDICTION SHALL NOT ALLOW A26
282277 RESIDENTIAL DEVELOPMENT CONTAINING RENTED DWELLING UNITS TO BE27
283278 1169
284279 -8- CONSTRUCTED ON A QUALIFYING PROPERTY UNLESS THE RESIDENTIAL1
285280 DEVELOPMENT COMPLIES WITH THE FOLLOWING REQUIREMENTS :2
286281 (a) IF THE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY3
287282 ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING POLICY THAT4
288283 APPLIES TO THE QUALIFYING PROPERTY, THE RESIDENTIAL DEVELOPMENT5
289284 MUST COMPLY WITH THE INCLUSIONARY ZONING ORDINANCE OR OTHER6
290285 AFFORDABLE HOUSING POLICY ;7
291286 (b) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN8
292287 INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING9
293288 POLICY THAT APPLIES TO THE QUALIFYING PROPERTY AND THE MARKET10
294289 RATE RENT IN THE SUBJECT JURISDICTION, AS CALCULATED BY A11
295290 RECOGNIZED AND PUBLICLY AVAILABLE HOUSING INDUSTRY RESOURCE , IS12
296291 AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE MONTHLY AREA13
297292 MEDIAN INCOME AS ESTABLISHED ANNUALLY BY THE UNITED STATES14
298293 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN15
299294 WHICH THE QUALIFYING PROPERTY IS LOCATED, THE RESIDENTIAL16
300295 DEVELOPMENT MUST ALIGN WITH THE SUBJECT JURISDICTION 'S17
301296 DEMONSTRATED HOUSING NEEDS AS DETERMINED IN A HOUSING NEEDS18
302297 ASSESSMENT PUBLISHED IN ACCORDANCE WITH SECTION 24-32-3703 OR19
303298 24-32-3704; OR20
304299 (c) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN21
305300 INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING22
306301 POLICY THAT APPLIES TO THE QUALIFYING PROPERTY AND THE MARKET23
307302 RATE RENT IN THE SUBJECT JURISDICTION, AS CALCULATED BY A24
308303 RECOGNIZED AND PUBLICLY AVAILABLE HOUSING INDUSTRY RESOURCE,25
309304 IS ABOVE ONE HUNDRED TWENTY PERCENT OF THE MONTHLY AREA26
310305 MEDIAN INCOME AS ESTABLISHED ANNUALLY BY THE UNITED STATES27
311306 1169
312307 -9- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN1
313308 WHICH THE QUALIFYING PROPERTY IS LOCATED, THEN AT LEAST TWENTY2
314309 PERCENT OF THE DWELLING UNITS RENTED IN THE RESIDENTIAL3
315310 DEVELOPMENT MUST HAVE A DESIGNATED IMPUTED INCOME LIMIT BY4
316311 HOUSEHOLD SIZE THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA5
317312 MEDIAN INCOME.6
318313 (2) A SUBJECT JURISDICTION SHALL NOT ALLOW A RESIDENTIAL7
319314 DEVELOPMENT CONTAINING DWELLING UNITS THAT WILL BE SOLD TO BE8
320315 CONSTRUCTED ON A QUALIFYING PROPERTY UNLESS THE RESIDENTIAL9
321316 DEVELOPMENT COMPLIES WITH THE FOLLOWING REQUIREMENTS :10
322317 (a) IF THE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY11
323318 ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING POLICY THAT12
324319 APPLIES TO THE QUALIFYING PROPERTY, THE RESIDENTIAL DEVELOPMENT13
325320 MUST COMPLY WITH THE INCLUSIONARY ZONING ORDINANCE OR OTHER14
326321 AFFORDABLE HOUSING POLICY ; AND15
327322 (b) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN16
328323 INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING17
329324 POLICY THAT APPLIES TO THE QUALIFYING PROPERTY , THEN AT LEAST18
330325 TWENTY PERCENT OF THE DWELLING UNITS SOLD IN THE RESIDENTIAL19
331326 DEVELOPMENT MUST HAVE A DESIGNATED IMPUTED INCOME LIMIT BY20
332327 HOUSEHOLD SIZE THAT DOES NOT EXCEED ONE HUNDRED FORTY PERCENT21
333328 OF THE AREA MEDIAN INCOME.22
334329 (3) (a) IF A RESIDENTIAL DEVELOPMENT MUST COMPLY WITH23
335330 AFFORDABILITY REQUIREMENTS PURSUANT TO THE SUBJECT24
336331 JURISDICTION'S DEMONSTRATED HOUSING NEEDS IN ACCORDANCE WITH25
337332 SUBSECTION (1)(b)(I) OF THIS SECTION, OR IF A RESIDENTIAL26
338333 DEVELOPMENT MUST COMPLY WITH AFFORDABILITY REQUIREMENTS27
339334 1169
340335 -10- PURSUANT TO SUBSECTION (1)(b)(II) OF THIS SECTION, THE1
341336 AFFORDABILITY REQUIREMENTS MUST BE IMPOSED BY ONE OF THE2
342337 FOLLOWING INSTRUMENTS, WHICH MUST REQUIRE THAT THE SUBJECT3
343338 JURISDICTION HAS THE RIGHT TO REQUIRE SPECIFIC PERFORMANCE :4
344339 (I) A DEED RESTRICTION LASTING FOR AT LEAST FORTY YEARS; OR5
345340 (II) A COVENANT THAT RUNS WITH THE LAND FOR AT LEAST FORTY6
346341 YEARS.7
347342 (b) THE AFFORDABILITY REQUIREMENTS DESCRIBED IN SUBSECTION8
348343 (2)(b) OF THIS SECTION MUST BE IMPOSED BY ONE OF THE FOLLOWING9
349344 INSTRUMENTS, WHICH MUST REQUIRE THAT THE SUBJECT JURISDICTION10
350345 HAS THE RIGHT TO REQUIRE SPECIFIC PERFORMANCE :11
351346 (I) A DEED RESTRICTION LASTING FOR AT LEAST THIRTY YEARS; OR12
352347 (II) A COVENANT THAT RUNS WITH THE LAND FOR AT LEAST13
353348 THIRTY YEARS.14
354349 29-35-505. Qualifying property requirements for a subject15
355350 jurisdiction - allowable uses. (1) A
356351 SUBJECT JURISDICTION SHALL NOT:16
357352 (a) D
358353 ISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT17
359354 ON A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST18
360355 STRUCTURE IN THE RESIDENTIAL DEVELOPMENT IS NO MORE THAN THREE19
361356 STORIES OR FORTY-FIVE FEET TALL;20
362357 (b) D
363358 ISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT21
364359 ON A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST22
365360 STRUCTURE IN THE RESIDENTIAL DEVELOPMENT COMPLIES WITH THE23
366361 HEIGHT-RELATED STANDARDS:24
367362 (I) OF THE ZONING DISTRICT IN WHICH THE RESIDENTIAL25
368363 DEVELOPMENT WILL BE BUILT; OR26
369364 (II) THAT APPLY TO ANY PARCEL THAT IS CONTIGUOUS TO THE27
370365 1169
371366 -11- QUALIFYING PROPERTY ON WHICH THE RESIDENTIAL DEVELOPMENT WILL1
372367 BE BUILT;2
373368 (c) D
374369 ISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT3
375370 ON A QUALIFYING PROPERTY BASED ON THE NUMBER OF DWELLING UNITS4
376371 THE RESIDENTIAL DEVELOPMENT WILL CONTAIN , EXCEPT IN ACCORDANCE5
377372 WITH ONE OF THE STANDARDS LISTED IN SUBSECTION (1)(d) OF THIS6
378373 SECTION; OR7
379374 (d) A
380375 PPLY STANDARDS TO A RESIDENTIAL DEVELOPMENT ON A8
381376 QUALIFYING PROPERTY THAT ARE MORE RESTRICTIVE THAN THE9
382377 STANDARDS THAT THE SUBJECT JURISDICTION APPLIES TO SIMILAR10
383378 HOUSING CONSTRUCTED WITHIN THE SUBJECT JURISDICTION , INCLUDING11
384379 STANDARDS RELATED TO:12
385380 (I) S
386381 TRUCTURE SETBACKS FROM PROPERTY LINES ;13
387382 (II) L
388383 OT COVERAGE OR OPEN SPACE;14
389384 (III) O
390385 N-SITE PARKING REQUIREMENTS;15
391386 (IV) N
392387 UMBERS OF BEDROOMS IN A MULTIFAMILY RESIDENTIAL16
393388 DEVELOPMENT;
394389 17
395390 (V) O
396391 N-SITE LANDSCAPING, SCREENING, AND BUFFERING18 REQUIREMENTS; OR19
397392 (VI) MINIMUM DWELLING UNITS PER ACRE .20
398393 (2) P
399394 ROVIDED THAT THE USES ARE ALLOWED CONDITIONALLY OR21
400395 BY RIGHT WITHIN THE ZONING DISTRICT IN WHICH A QUALIFYING PROPERTY22
401396 IS LOCATED, A SUBJECT JURISDICTION SHALL ALLOW THE FOLLOWING USES23
402397 IN A RESIDENTIAL DEVELOPMENT ON A QUALIFYING PROPERTY :24
403398 (a) C
404399 HILDCARE; AND25
405400 (b) T
406401 HE PROVISION OF RECREATIONAL, SOCIAL, OR EDUCATIONAL26
407402 SERVICES PROVIDED BY COMMUNITY ORGANIZATIONS FOR USE BY THE27
408403 1169
409404 -12- RESIDENTS OF THE RESIDENTIAL DEVELOPMENT AND THE SURROUNDING1
410405 COMMUNITY.2
411406 (3) A
412407 SUBJECT JURISDICTION MAY CONDITION ALLOWANCE OF THE3
413408 USES DESCRIBED IN SUBSECTION (2) OF THIS SECTION ON:4
414409 (a) T
415410 HE USES BEING ALLOWED ONLY ON THE GROUND FLOOR OF5
416411 THE STRUCTURES IN THE RESIDENTIAL DEVELOPMENT ; AND6
417412 (b) T
418413 HE USES OCCUPYING NO MORE THAN FIFTEEN PERCENT OF THE7
419414 STRUCTURES IN THE RESIDENTIAL DEVELOPMENT.8
420415 29-35-506. Notification to county assessor. W ITHIN TWO WEEKS9
421416 OF A SUBJECT JURISDICTION ALLOWING THE CONSTRUCTION OF A10
422417 RESIDENTIAL DEVELOPMENT ON A QUALIFYING PROPERTY PURSUANT TO11
423418 SECTION 29-35-503 (1), THE FAITH-BASED ORGANIZATION , SCHOOL12
424419 DISTRICT, OR STATE COLLEGE OR UNIVERSITY THAT OWNS THE QUALIFYING13
425420 PROPERTY SHALL PROVIDE NOTICE OF THE ALLOWANCE OF THE14
426421 CONSTRUCTION OF THE RESIDENTIAL DEVELOPMENT TO THE COUNTY15
427422 ASSESSOR IN THE COUNTY IN WHICH THE QUALIFYING PROPERTY IS16
428423 LOCATED. THE NOTICE MUST INCLUDE THE PROPERTY ADDRESS , THE17
429424 ASSESSOR'S PARCEL IDENTIFICATION NUMBER FOR THE PROPERTY , AND THE18
430425 DATE ON WHICH THE RESIDENTIAL DEVELOPMENT WAS ALLOWED BY THE19
431426 SUBJECT JURISDICTION.20
432427 SECTION 2. Safety clause. The general assembly finds,21
433428 determines, and declares that this act is necessary for the immediate22
434429 preservation of the public peace, health, or safety or for appropriations for23
435430 the support and maintenance of the departments of the state and state24
436431 institutions.25
437432 1169
438433 -13-