Colorado § 29-35-502 - Definitions.

§ 29-35-502. Definitions.

As used in this part 5, unless the context otherwise requires:

(1) "Dwelling unit" has the meaning set forth in section 29-35-402 (8).

(2) "Exempt parcel" means:

(a) A parcel that is:

(I) Not served by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5);

(II) Served by a well that is not connected to a water distribution system, as defined in section 25-9-102 (6); or

(III) Served by a septic tank, as defined in section 25-10-103 (18);

(b) A parcel where residential use is prevented or limited by state regulation, federal regulation, or deed restriction pursuant to:

(I) Federal aviation administration restrictions pursuant to 14 CFR 77 or 49 U.S.C. chapter 471;

(II) An environmental covenant pursuant to sections 25-15-318 to 25-15-323; or

(III) Flammable gas overlay zoning district restrictions;

(c) A parcel that is subject to a conservation easement;

(d) A parcel that is zoned or used primarily for industrial use, which, for purposes of this subsection means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, mineral or gravel extraction, assembly, warehousing, or storage;

(e) A parcel that is subject to an intergovernmental agreement or annexation agreement that limits residential development;

(f) A parcel that is zoned for agricultural use;

(g) A parcel that is zoned for forestry, natural resource preservation, or open space;

(h) A parcel that is in a floodway or in a one- hundred-year floodplain, as identified by the federal emergency management agency;

(i) A parcel that is located within an airport influence area; or

(j) A historic property that is located outside of a historic district.

(3) "Historic district" has the meaning set forth in section 29-35-402 (10).

(4) "Historic property" has the meaning set forth in section 29-35-402 (11).

(5) "Nonprofit organization" means an organization authorized to do business in the state that is exempt from taxation pursuant to section 501 (a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended, and listed as an exempt organization in section 501 (c)(3) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended.

(6) "Nonprofit organization with a demonstrated history of providing affordable housing" means a nonprofit organization that, within the five years preceding the nonprofit organization's submission of a development application, has:

(a) Developed a project which has received a federal low-income housing tax credit or a state affordable housing credit;

(b) Been awarded funding through the federal "HOME Investment Partnerships Program", 24 CFR 92.1, et seq.;

(c) Been awarded funding to support the creation, preservation, or rehabilitation of affordable housing from the Colorado department of local affairs; the Colorado housing and finance authority; the Colorado office of economic development and international trade; or a local government;

(d) Owned property that is exempt from property taxation pursuant to section 39-3-113.5;

(e) Been certified as a community housing development organization pursuant to 24 CFR 92.2 and, together with the Colorado division of housing or a local government, is a party to a community housing development organization operating agreement;

(f) Been approved by the Colorado division of housing as an "approved nonprofit organization" pursuant to section 39-22-548 and engaged in the development or operational service of supportive housing pursuant to section 39-22-548 (2)(h); or

(g) Owned property for which the organization received a certificate of occupancy for long-term affordable housing, and can produce that certificate of occupancy, a restricted use covenant, or a similar recorded agreement that ensures affordability.

(7) "Qualifying entity" means a:

(a) School district, as defined in section 22-30-103;

(b) State college or university, as defined in section 23-2-102;

(c) Board of cooperative services, as defined in section 22-5-103;

(d) Housing authority created pursuant to section 29-1-204.5, 29-4-204, 29-4-402, or 29-4-503;

(e) Local or regional transit district or a regional transportation authority serving one or more counties;

(f) Nonprofit organization with a demonstrated history of providing affordable housing; or

(g) Nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, if the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing, or its successor organization, to develop a residential development on the property.

(8) "Qualifying property" means real property that contains no more than five acres of land and is:

(a) Owned by a qualifying entity;

(b) Not adjacent to another qualifying property containing five or less acres that was part of a subdivision process that occurred within the past five years; and

(c) Within:

(I) A municipality; or

(II) A portion of a county that is within a census designated place with a population of five thousand or more, as reported in the most recent decennial census, that is also within a three-mile area extending in any direction from any point in a municipality, as described in section 31-12-105 (1)(e)(I).

(9) "Residential development" means a development:

(a) With one or more structures that contain permanent dwelling units;

(b) That does not contain any temporary housing or shelter space; and

(c) That has a primary purpose of residential use.

(10) "Similar housing" means housing that is similar in form and number of dwelling units.

(11) "Subject jurisdiction" means a local government that had a population greater than two thousand people as of the last United States census.

(12) "Transferable development rights program" means an enacted local land use program that authorizes the transfer or sale of real property development rights as part of a land use planning strategy that aims to achieve conservation, growth management, affordable housing, or other policy objectives.

Source: L. 2026: Entire part added, (HB 26-1001), ch. 8, p. 29, § 3, effective March 25.

Cross references: For 49 U.S.C. chapter 471, see 49 U.S.C. secs. 47101 to 47175.