Colorado § 29-35-302 - Definitions.

§ 29-35-302. Definitions.

As used in this part 3, unless the context otherwise requires:

(1) "Adaptive reuse" means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.

(2) "Applicable transit plan" means a plan of a transit agency whose service territory is within a metropolitan planning organization, including a system optimization plan or a transit master plan that:

(a) Has been approved by the governing body of a transit agency on or after January 1, 2019, and on or before January 1, 2024;

(b) Identifies the planned frequency and span of service for transit service or specific transit routes; and

(c) Identifies specific transit routes for short-term implementation according to that plan, or implementation before January 1, 2027.

(3) "Applicable transit service area" means an area designated by the map created in section 29-35-306.

(4) "Bus rapid transit service" means a transit service that:

(a) Is identified as bus rapid transit by a transit agency, in a metropolitan planning organization's fiscally constrained long range transportation plan or in an applicable transit plan; and

(b) Includes any number of the following:

(I) Service that is scheduled to run every fifteen minutes or less for four hours or more on weekdays, excluding seasonal service;

(II) Dedicated lanes or busways;

(III) Traffic signal priority;

(IV) Off-board fare collection;

(V) Elevated platforms; or

(VI) Enhanced stations.

(5) "Community-based organization" means a Colorado-based nonprofit entity that:

(a) Has a mission to improve the environmental, economic, social, cultural, or quality of life conditions of a common community of interest;

(b) Is accessible for residents of all ages, incomes, languages, and abilities; or

(c) Addresses the needs of disproportionately impacted and marginalized communities in the region and centers voices of marginalized communities in transportation planning, both in their community and around the region.

(6) "Commuter bus rapid transit service" means a bus rapid transit service that operates for a majority of its route on a freeway with access that is limited to grade-separated interchanges.

(7) "County" means a county, including a home rule county but excluding a city and county.

(8) "Land use approval" means any final action of a local government that has the effect of authorizing the use or development of a particular parcel of real property.

(9) "Loading space" means an off-street space or berth that:

(a) Is on the same site with a building or contiguous to a group of buildings;

(b) Is designated for the temporary parking of either:

(I) A commercial vehicle while materials are loaded in or unloaded from the vehicle; or

(II) A vehicle while passengers board or disembark from the vehicle; and

(c) Abuts upon a street, alley, or other means of access.

(10) "Local government" means a municipality that is within a metropolitan planning organization or a county that has unincorporated areas within a metropolitan planning organization.

(11) "Local 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.

(12) "Maximum parking requirement" means a requirement established in local law that limits the number of parking spaces that may be made available in connection with a real property.

(13) "Metropolitan planning organization" means a metropolitan planning organization under the "Federal Transit Act of 1998", 49 U.S.C. sec. 5301 et seq., as amended.

(14) "Minimum parking requirement" means a requirement established in local law that a number of parking spaces be made available in connection with a real property.

(15) "Municipality" means a home rule or statutory city or town, territorial charter city or town, or city and county.

(16) "Parking space" means an off-street space designated for motor vehicle parking. A parking space does not include a loading space.

(17) "Regulated affordable housing" means affordable housing that:

(a) Has received loans, grants, equity, bonds, or tax credits from any source to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;

(b) Restricts or limits maximum rental or sale price for households of a given size at a given area median income, as established annually by the United States department of housing and urban development; and

(c) Ensures occupancy by low- to moderate-income households for a specified period detailed in a restrictive use covenant or similar recorded agreement.

Source: L. 2024: Entire article added (see the editor's note following the part 3 heading), (HB 24-1304), ch. 159, p. 734, § 1, effective August 7.