First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0029.01 Caroline Martin x5902
HOUSE BILL 25-1169
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE PROMOTION OF RESIDENTIAL DEVELOPMENT ON101
QUALIFYING PROPERTIES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a subject jurisdiction, on or after December 31,
2026, to allow a residential development to be constructed on a qualifying
property that does not contain an exempt parcel, subject to an
administrative approval process.
The bill specifies that a subject jurisdiction shall not:
! Disallow construction of a residential development on the
HOUSE
3rd Reading Unamended
March 17, 2025
HOUSE
Amended 2nd Reading
March 5, 2025
HOUSE SPONSORSHIP
Boesenecker and Mabrey, Camacho, Lindsay, Lindstedt, Stewart R., Willford, Zokaie,
Bacon, Espenoza, Froelich, Garcia, McCormick, Rutinel, Rydin, Sirota, Smith, Stewart K.,
Story, Woodrow
SENATE SPONSORSHIP
Gonzales J. and Exum, Cutter, Jodeh, Kipp, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. basis of height if the tallest structure in the residential
development is no more than 3 stories or 45 feet tall;
! Disallow construction of a residential development on the
basis of height if the tallest structure in the residential
development complies with the height-related standards for
the zoning district in which the residential development
will be built or any zoning district that is contiguous to the
qualifying property on which the residential development
will be built;
! Disallow construction of a residential development based
on the number of dwelling units that the residential
development will contain, except in accordance with
standards listed in the bill; or
! Apply standards to a residential development on a
qualifying property that are more restrictive than the
standards the subject jurisdiction applies to similar housing
constructed within the subject jurisdiction, including
standards related to structure setbacks from property lines;
lot coverage or open space; on-site parking requirements;
numbers of bedrooms in a multifamily residential
development; or on-site landscaping, screening, and
buffering requirements.
A subject jurisdiction shall allow the following uses in a
residential development on a qualifying property:
! Childcare; and
! The provision of recreational, social, or educational
services provided by community organizations for use by
the residents of the residential development and the
surrounding community.
A subject jurisdiction may condition additional uses in a residential
development on the uses being allowed only on the ground floor of the
residential development and the uses occupying no more than 15% of the
ground floor area of the residential development.
The bill requires a faith-based organization, school district, or state
college or university to notify the county assessor that a subject
jurisdiction has allowed the construction of a residential development on
a qualifying property within the county.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 5 to article2
35 of title 29 as follows:3
PART 54
1169-2- RESIDENTIAL DEVELOPMENT ON1
QUALIFYING PROPERTIES2
29-35-501. Legislative declaration.
(1) THE GENERAL ASSEMBLY3
FINDS AND DECLARES THAT:4
(a) C
OLORADANS ARE OVERWHELMINGLY BURDENED WITH THE5
COST OF HOUSING. IN 2022, FORTY-FIVE PERCENT OF COLORADO RENTERS6
SPENT OVER THIRTY PERCENT OF THEIR INCOME ON RENT . IN ORDER TO7
AFFORD THE MEDIAN RENT OF ONE THOUSAND SEVEN HUNDRED8
SEVENTY-ONE DOLLARS WITHOUT BEING COST -BURDENED, A COLORADO9
RENTER MUST EARN AN ANNUAL INCOME THAT EXCEEDS SEVENTY10
THOUSAND DOLLARS. FURTHER, TO PURCHASE A MEDIAN-PRICED HOME IN11
C
OLORADO WITH A TWENTY PERCENT DOWN PAYMENT WITHOUT BEING12
COST-BURDENED, A COLORADAN MUST EARN AN ANNUAL INCOME THAT13
EXCEEDS ONE HUNDRED TWENTY -NINE THOUSAND DOLLARS.14
(b) A
S OF NOVEMBER 2024, THE AVERAGE COST OF CONSTRUCTION15
IN COLORADO WAS APPROXIMATELY FOUR HUNDRED EIGHTY -THREE16
THOUSAND DOLLARS PER UNIT , REPRESENTING AN INCREASE OF OVER17
SIXTY THOUSAND DOLLARS FROM THE PREVIOUS YEAR ;18
(c) A
S COLORADO GROWS, SO DOES THE CHALLENGE OF PROVIDING19
AFFORDABLE HOUSING TO ITS RESIDENTS. WHILE LAND THAT IS AVAILABLE20
FOR NEW HOUSING IN ESTABLISHED COMMUNITIES IS IN SHORT SUPPLY ,21
MANY QUALIFYING ORGANIZATIONS OWN UNDERUTILIZED PROPERTIES22
UPON WHICH HOUSING COULD BE BUILT .23
(d) I
N DENVER, JEFFERSON, ARAPAHOE, AND DOUGLAS COUNTIES24
ALONE, FAITH-BASED ORGANIZATIONS OWN MORE THAN FIVE THOUSAND25
ACRES OF UNDEVELOPED LAND , SOME OF WHICH HAS NEVER BEEN26
DEVELOPED AND SOME OF WHICH HAS BEEN VACANT FOR OVER SEVENTY27
1169
-3- YEARS. IN MANY CASES, FAITH-BASED ORGANIZATIONS ARE MOWING OR1
MAINTAINING THESE LOTS AT SIGNIFICANT COST WITH NO REAL BENEFIT TO2
THE COMMUNITY.3
(e) COLORADO URGENTLY NEEDS MORE HOUSING TO MEET THE4
NEEDS OF A GROWING STATEWIDE POPULATION AND ADDRESS ISSUES5
DIRECTLY RELATED TO HOUSING, SUCH AS TRANSIT, COMMUTING, THE6
WORKFORCE, AND THE ENVIRONMENT. PROVIDING OPPORTUNITIES TO7
CONSTRUCT RESIDENTIAL DEVELOPMENTS ON UNDERUTILIZED LAND IS A8
MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .9
(f) LOCAL ZONING REGULATIONS CAN PREVENT HOUSING FROM10
BEING DEVELOPED ON VACANT PROPERTIES BY PROHIBITING RESIDENTIAL11
DEVELOPMENT IN ASSOCIATION WITH PLACES OF ASSEMBLY , OR BY12
REQUIRING EXTENSIVE REZONING PROCESSES THAT ADD COST AND13
UNCERTAINTY TO AFFORDABLE HOUSING PROJECTS ; AND14
(g) THIS HOUSE BILL 25-1169, ENACTED IN 2025, STREAMLINES15
THE BUILDING PROCESS FOR QUALIFYING PROPERTIES , INCLUDING16
PROPERTIES OWNED BY FAITH-BASED ORGANIZATIONS, BY PROVIDING A17
PROCESS THAT ALLOWS RESIDENTIAL DEVELOPMENTS TO BE CONSTRUCTED18
ON QUALIFYING PROPERTIES AS LONG AS CERTAIN REQUIREMENTS ARE19
SATISFIED.20
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT21
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT EVERY PERSON22
INVOLVED IN THE CONSTRUCTION , MANAGEMENT, AND OPERATION OF A23
QUALIFYING PROPERTY IN CONNECTION WITH THIS PART 5 COMPLIES WITH24
THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ., THE25
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.26
12101
ET SEQ., AND ALL OTHER STATE AND FEDERAL LAWS .27
1169
-4- 29-35-502. Definitions. A S USED IN THIS PART 5, UNLESS THE1
CONTEXT OTHERWISE REQUIRES :2
(1) "D
WELLING UNIT" HAS THE SAME MEANING AS SET FORTH IN3
SECTION 29-35-402 (8).4
(2) "E
XEMPT PARCEL" MEANS:5
(a) A
PARCEL THAT IS NOT SERVED BY A DOMESTIC WATER AND6
SEWAGE TREATMENT SYSTEM , AS DEFINED IN SECTION 24-65.1-104 (5); IS7
SERVED BY A WELL THAT IS NOT CONNECTED TO A WATER DISTRIBUTION8
SYSTEM, AS DEFINED IN SECTION 25-9-102 (6); OR IS SERVED BY A SEPTIC9
TANK, AS DEFINED IN SECTION 25-10-103 (18);10
(b) A
PARCEL WHERE RESIDENTIAL USE IS PREVENTED OR LIMITED11
BY STATE REGULATION, FEDERAL REGULATION, OR DEED RESTRICTION12
PURSUANT TO:13
(I) F
EDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT14
TO 14 CFR 77;15
(II) A
N ENVIRONMENTAL COVENANT PURSUANT TO SECTION16
25-15-318
TO SECTION 25-15-323; OR17
(III) F
LAMMABLE GAS OVERLAY ZONING DISTRICT RESTRICTIONS ; 18
(c) A
PARCEL THAT IS USED AS A CEMETERY , AS DEFINED IN19
SECTION 10-15-102 (2); OR20
(d) A
PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT .21
(3) "F
AITH-BASED ORGANIZATION" MEANS ANY ORGANIZATION ,22
CHURCH, BODY OF COMMUNICANTS , OR GROUP THAT IS:23
(a) G
ATHERED IN COMMON MEMBERSHIP FOR THE PURPOSE OF24
PROPAGATING ITS FAITH OR CARRYING ON HUMANITARIAN WORK RELATED25
TO THAT FAITH;26
(b) L
OCATED ON PROPERTY OWNED BY A NONPROFIT27
1169
-5- ORGANIZATION WITH A RELIGIOUS MISSION ;1
(c) L
OCATED ON PROPERTY THAT IS USED FOR RELIGIOUS2
PURPOSES; AND3
(d) N
OT ORGANIZED FOR PRIVATE GAIN OR CORPORATE PROFIT .4
(4) "Q
UALIFYING PROPERTY" MEANS REAL PROPERTY
THAT5
CONTAINS NO MORE THAN FIVE ACRES OF LAND AND THAT HAS BEEN6
OWNED BY A FAITH -BASED ORGANIZATION , A SCHOOL DISTRICT, AS7
DEFINED IN SECTION 22-30-103 (13), OR A STATE COLLEGE OR UNIVERSITY,8
AS DEFINED IN SECTION 23-2-102 (15), FOR AT LEAST FIVE YEARS.9
(5) "R
ESIDENTIAL DEVELOPMENT" MEANS A DEVELOPMENT WITH10
ONE OR MORE STRUCTURES THAT CONTAINS PERMANENT DWELLING UNITS11
AND DOES NOT CONTAIN ANY TEMPORARY HOUSING OR SHELTER SPACE .12
(6) "S
IMILAR HOUSING" MEANS HOUSING THAT IS SIMILAR IN FORM13
AND NUMBER OF DWELLING UNITS .14
(7) "S
UBJECT JURISDICTION" MEANS A LOCAL
GOVERNMENT THAT15
HAD A POPULATION GREATER THAN TWO THOUSAND PEOPLE AS OF THE16
LAST UNITED STATES CENSUS.17
29-35-503. Residential developments on qualifying properties.18
(1) Residential developments on qualifying properties. O
N OR AFTER19
D
ECEMBER 31, 2026, A SUBJECT JURISDICTION SHALL ALLOW A20
RESIDENTIAL DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING21
PROPERTY THAT DOES NOT CONTAIN AN EXEMPT PARCEL , SUBJECT TO AN22
ADMINISTRATIVE APPROVAL PROCESS AND IN ACCORDANCE WITH23
SECTIONS 29-35-504 AND 29-35-505.24
(2) Subject jurisdiction administrative practices. N
OTHING IN25
THIS SECTION PREVENTS A SUBJECT JURISDICTION FROM :26
(a)
APPLYING AND ENFORCING INFRASTRUCTURE STANDARDS IN27
1169
-6- LOCAL LAW DURING THE ADMINISTRATIVE APPROVAL PROCESS , INCLUDING1
STANDARDS RELATED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS2
CODES;3
(b) A
PPLYING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY4
CODE, INCLUDING A BUILDING, FIRE, UTILITY, OR STORMWATER CODE;5 (c) APPLYING AND ENFORCING REGULATIONS RELATED TO HUMAN6
AND ENVIRONMENTAL HEALTH AND SAFETY, INCLUDING OIL AND GAS7
SETBACKS, FLOODPLAIN REGULATIONS, AND AIRPORT INFLUENCE AREAS;8
(d) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE9
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES IN10
ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS11
IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;12
(e) REQUIRING A STATEMENT BY A WATER OR WASTEWATER13
SERVICE PROVIDER REGARDING ITS CAPACITY TO SERVICE THE PROPERTY14
AS A CONDITION OF ALLOWING A RESIDENTIAL DEVELOPMENT ;15
(f) APPLYING AND ENFORCING INCLUSIONARY ZONING16
ORDINANCES, DEED RESTRICTIONS, COMMUNITY BENEFIT AGREEMENTS,17
DEVELOPMENT AGREEMENTS, OR OTHER AFFORDABLE HOUSING POLICIES18
OR STANDARDS;19
(g) APPLYING STANDARDS TO ALLOW A RESIDENTIAL20
DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING PROPERTY WHEN21
SUCH RESIDENTIAL DEVELOPMENT WOULD OTHERWISE BE DISALLOWED22
BASED ON THE STANDARDS DESCRIBED IN SECTION 29-35-504 (1), OR23
OTHERWISE OFFERING AFFORDABLE HOUSING INCENTIVES TO DEVELOPERS;24
OR25
(h) ENACTING OR APPLYING A LOCAL LAW CONCERNING A26
SHORT-TERM RENTAL, AS THAT TERM IS DEFINED IN SECTION 29-35-40227
1169
-7- (19), OF A DWELLING UNIT ON A QUALIFYING PROPERTY .1
(3) Changes to tax exempt status. NOTWITHSTANDING2
MISSION-DEFINED ACTIVITIES CONDUCTED UPON QUALIFYING PROPERTIES ,3
PERMITTED ACTIVITIES OUTLINED IN THIS SECTION ARE NOT4
AUTOMATICALLY EXEMPT FROM TAXATION AT THE LOCAL, STATE, OR5
FEDERAL LEVEL.6
(4) School district administrative practices. N OTHING IN THIS7
SECTION PREVENTS A SCHOOL DISTRICT FROM CONSTRUCTING ,8
PURCHASING, OR REMODELING A TEACHERAGE PURSUANT TO SECTION9
22-32-110 (1)(d), OR FROM USING ANY OF THE PROCESSES DESCRIBED IN10
SECTION 22-32-124 REGARDING BUILDINGS AND STRUCTURES .11
(5) Prohibition on discrimination. A RESIDENTIAL DEVELOPMENT12
CONSTRUCTED PURSUANT TO THIS SECTION IS CONSIDERED HOUSING FOR13
A COMMERCIAL PURPOSE PURSUANT TO 42 U.S.C. SEC. 3607 ET SEQ. ANY14
PERSON INVOLVED IN THE CONSTRUCTION OR MAINTENANCE OF A15
RESIDENTIAL DEVELOPMENT PURSUANT TO THIS SECTION :16
(a) MUST COMPLY WITH ALL FEDERAL AND STATE LAWS17
REGARDING NONDISCRIMINATORY ACCESS TO HOUSING, INCLUDING THE18
FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ.; THE19
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET20
SEQ.; AND THE COLORADO ANTI-DISCRIMINATION ACT, PARTS 3 THROUGH21
8 OF ARTICLE 34 OF TITLE 24; AND22
(b) MAY BE SUBJECT TO A DISCRIMINATION COMPLAINT FILED WITH23
THE COLORADO CIVIL RIGHTS DIVISION OR OTHER COURT .24
29-35-504. Affordability requirements for qualifying25
properties. (1) A SUBJECT JURISDICTION SHALL NOT ALLOW A26
RESIDENTIAL DEVELOPMENT CONTAINING RENTED DWELLING UNITS TO BE27
1169
-8- CONSTRUCTED ON A QUALIFYING PROPERTY UNLESS THE RESIDENTIAL1
DEVELOPMENT COMPLIES WITH THE FOLLOWING REQUIREMENTS :2
(a) IF THE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY3
ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING POLICY THAT4
APPLIES TO THE QUALIFYING PROPERTY, THE RESIDENTIAL DEVELOPMENT5
MUST COMPLY WITH THE INCLUSIONARY ZONING ORDINANCE OR OTHER6
AFFORDABLE HOUSING POLICY ;7
(b) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN8
INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING9
POLICY THAT APPLIES TO THE QUALIFYING PROPERTY AND THE MARKET10
RATE RENT IN THE SUBJECT JURISDICTION, AS CALCULATED BY A11
RECOGNIZED AND PUBLICLY AVAILABLE HOUSING INDUSTRY RESOURCE , IS12
AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE MONTHLY AREA13
MEDIAN INCOME AS ESTABLISHED ANNUALLY BY THE UNITED STATES14
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN15
WHICH THE QUALIFYING PROPERTY IS LOCATED, THE RESIDENTIAL16
DEVELOPMENT MUST ALIGN WITH THE SUBJECT JURISDICTION 'S17
DEMONSTRATED HOUSING NEEDS AS DETERMINED IN A HOUSING NEEDS18
ASSESSMENT PUBLISHED IN ACCORDANCE WITH SECTION 24-32-3703 OR19
24-32-3704; OR20
(c) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN21
INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING22
POLICY THAT APPLIES TO THE QUALIFYING PROPERTY AND THE MARKET23
RATE RENT IN THE SUBJECT JURISDICTION, AS CALCULATED BY A24
RECOGNIZED AND PUBLICLY AVAILABLE HOUSING INDUSTRY RESOURCE,25
IS ABOVE ONE HUNDRED TWENTY PERCENT OF THE MONTHLY AREA26
MEDIAN INCOME AS ESTABLISHED ANNUALLY BY THE UNITED STATES27
1169
-9- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COUNTY IN1
WHICH THE QUALIFYING PROPERTY IS LOCATED, THEN AT LEAST TWENTY2
PERCENT OF THE DWELLING UNITS RENTED IN THE RESIDENTIAL3
DEVELOPMENT MUST HAVE A DESIGNATED IMPUTED INCOME LIMIT BY4
HOUSEHOLD SIZE THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA5
MEDIAN INCOME.6
(2) A SUBJECT JURISDICTION SHALL NOT ALLOW A RESIDENTIAL7
DEVELOPMENT CONTAINING DWELLING UNITS THAT WILL BE SOLD TO BE8
CONSTRUCTED ON A QUALIFYING PROPERTY UNLESS THE RESIDENTIAL9
DEVELOPMENT COMPLIES WITH THE FOLLOWING REQUIREMENTS :10
(a) IF THE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY11
ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING POLICY THAT12
APPLIES TO THE QUALIFYING PROPERTY, THE RESIDENTIAL DEVELOPMENT13
MUST COMPLY WITH THE INCLUSIONARY ZONING ORDINANCE OR OTHER14
AFFORDABLE HOUSING POLICY ; AND15
(b) IF THE SUBJECT JURISDICTION HAS NOT ADOPTED AN16
INCLUSIONARY ZONING ORDINANCE OR OTHER AFFORDABLE HOUSING17
POLICY THAT APPLIES TO THE QUALIFYING PROPERTY , THEN AT LEAST18
TWENTY PERCENT OF THE DWELLING UNITS SOLD IN THE RESIDENTIAL19
DEVELOPMENT MUST HAVE A DESIGNATED IMPUTED INCOME LIMIT BY20
HOUSEHOLD SIZE THAT DOES NOT EXCEED ONE HUNDRED FORTY PERCENT21
OF THE AREA MEDIAN INCOME.22
(3) (a) IF A RESIDENTIAL DEVELOPMENT MUST COMPLY WITH23
AFFORDABILITY REQUIREMENTS PURSUANT TO THE SUBJECT24
JURISDICTION'S DEMONSTRATED HOUSING NEEDS IN ACCORDANCE WITH25
SUBSECTION (1)(b)(I) OF THIS SECTION, OR IF A RESIDENTIAL26
DEVELOPMENT MUST COMPLY WITH AFFORDABILITY REQUIREMENTS27
1169
-10- PURSUANT TO SUBSECTION (1)(b)(II) OF THIS SECTION, THE1
AFFORDABILITY REQUIREMENTS MUST BE IMPOSED BY ONE OF THE2
FOLLOWING INSTRUMENTS, WHICH MUST REQUIRE THAT THE SUBJECT3
JURISDICTION HAS THE RIGHT TO REQUIRE SPECIFIC PERFORMANCE :4
(I) A DEED RESTRICTION LASTING FOR AT LEAST FORTY YEARS; OR5
(II) A COVENANT THAT RUNS WITH THE LAND FOR AT LEAST FORTY6
YEARS.7
(b) THE AFFORDABILITY REQUIREMENTS DESCRIBED IN SUBSECTION8
(2)(b) OF THIS SECTION MUST BE IMPOSED BY ONE OF THE FOLLOWING9
INSTRUMENTS, WHICH MUST REQUIRE THAT THE SUBJECT JURISDICTION10
HAS THE RIGHT TO REQUIRE SPECIFIC PERFORMANCE :11
(I) A DEED RESTRICTION LASTING FOR AT LEAST THIRTY YEARS; OR12
(II) A COVENANT THAT RUNS WITH THE LAND FOR AT LEAST13
THIRTY YEARS.14
29-35-505. Qualifying property requirements for a subject15
jurisdiction - allowable uses. (1) A
SUBJECT JURISDICTION SHALL NOT:16
(a) D
ISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT17
ON A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST18
STRUCTURE IN THE RESIDENTIAL DEVELOPMENT IS NO MORE THAN THREE19
STORIES OR FORTY-FIVE FEET TALL;20
(b) D
ISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT21
ON A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST22
STRUCTURE IN THE RESIDENTIAL DEVELOPMENT COMPLIES WITH THE23
HEIGHT-RELATED STANDARDS:24
(I) OF THE ZONING DISTRICT IN WHICH THE RESIDENTIAL25
DEVELOPMENT WILL BE BUILT; OR26
(II) THAT APPLY TO ANY PARCEL THAT IS CONTIGUOUS TO THE27
1169
-11- QUALIFYING PROPERTY ON WHICH THE RESIDENTIAL DEVELOPMENT WILL1
BE BUILT;2
(c) D
ISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT3
ON A QUALIFYING PROPERTY BASED ON THE NUMBER OF DWELLING UNITS4
THE RESIDENTIAL DEVELOPMENT WILL CONTAIN , EXCEPT IN ACCORDANCE5
WITH ONE OF THE STANDARDS LISTED IN SUBSECTION (1)(d) OF THIS6
SECTION; OR7
(d) A
PPLY STANDARDS TO A RESIDENTIAL DEVELOPMENT ON A8
QUALIFYING PROPERTY THAT ARE MORE RESTRICTIVE THAN THE9
STANDARDS THAT THE SUBJECT JURISDICTION APPLIES TO SIMILAR10
HOUSING CONSTRUCTED WITHIN THE SUBJECT JURISDICTION , INCLUDING11
STANDARDS RELATED TO:12
(I) S
TRUCTURE SETBACKS FROM PROPERTY LINES ;13
(II) L
OT COVERAGE OR OPEN SPACE;14
(III) O
N-SITE PARKING REQUIREMENTS;15
(IV) N
UMBERS OF BEDROOMS IN A MULTIFAMILY RESIDENTIAL16
DEVELOPMENT;
17
(V) O
N-SITE LANDSCAPING, SCREENING, AND BUFFERING18 REQUIREMENTS; OR19
(VI) MINIMUM DWELLING UNITS PER ACRE .20
(2) P
ROVIDED THAT THE USES ARE ALLOWED CONDITIONALLY OR21
BY RIGHT WITHIN THE ZONING DISTRICT IN WHICH A QUALIFYING PROPERTY22
IS LOCATED, A SUBJECT JURISDICTION SHALL ALLOW THE FOLLOWING USES23
IN A RESIDENTIAL DEVELOPMENT ON A QUALIFYING PROPERTY :24
(a) C
HILDCARE; AND25
(b) T
HE PROVISION OF RECREATIONAL, SOCIAL, OR EDUCATIONAL26
SERVICES PROVIDED BY COMMUNITY ORGANIZATIONS FOR USE BY THE27
1169
-12- RESIDENTS OF THE RESIDENTIAL DEVELOPMENT AND THE SURROUNDING1
COMMUNITY.2
(3) A
SUBJECT JURISDICTION MAY CONDITION ALLOWANCE OF THE3
USES DESCRIBED IN SUBSECTION (2) OF THIS SECTION ON:4
(a) T
HE USES BEING ALLOWED ONLY ON THE GROUND FLOOR OF5
THE STRUCTURES IN THE RESIDENTIAL DEVELOPMENT ; AND6
(b) T
HE USES OCCUPYING NO MORE THAN FIFTEEN PERCENT OF THE7
STRUCTURES IN THE RESIDENTIAL DEVELOPMENT.8
29-35-506. Notification to county assessor. W ITHIN TWO WEEKS9
OF A SUBJECT JURISDICTION ALLOWING THE CONSTRUCTION OF A10
RESIDENTIAL DEVELOPMENT ON A QUALIFYING PROPERTY PURSUANT TO11
SECTION 29-35-503 (1), THE FAITH-BASED ORGANIZATION , SCHOOL12
DISTRICT, OR STATE COLLEGE OR UNIVERSITY THAT OWNS THE QUALIFYING13
PROPERTY SHALL PROVIDE NOTICE OF THE ALLOWANCE OF THE14
CONSTRUCTION OF THE RESIDENTIAL DEVELOPMENT TO THE COUNTY15
ASSESSOR IN THE COUNTY IN WHICH THE QUALIFYING PROPERTY IS16
LOCATED. THE NOTICE MUST INCLUDE THE PROPERTY ADDRESS , THE17
ASSESSOR'S PARCEL IDENTIFICATION NUMBER FOR THE PROPERTY , AND THE18
DATE ON WHICH THE RESIDENTIAL DEVELOPMENT WAS ALLOWED BY THE19
SUBJECT JURISDICTION.20
SECTION 2. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
1169
-13-