As used in this part 37, unless the context
otherwise requires:
(1) Accessible housing or accessible unit means housing that satisfies the
requirements of the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as
amended, and incorporates universal design.
(2) Department means the department of local affairs.
(3) Director means the executive director of the department of local
affairs.
(4) Displacement means:
(a) The involuntary relocation of residents, particularly low-income residents,
or locally owned community serving businesses and institutions due to:
(I) Increased real estate prices or rents, property rehabilitation,
redevelopment, demolition, or other economic factors;
(II) Physical conditions resulting from neglect and underinvestment that
render a residence uninhabitable; or
(III) Physical displacement wherein existing housing units and commercial
spaces are lost due to property rehabilitation, redevelopment, or demolition; or
(b) Indirect displacement resulting from changes in neighborhood
population, if, when low-income households move out of housing units, those same
housing units do not remain affordable to other low-income households in the
neighborhood, or demographic changes that reflect the relocation of existing
residents following widespread relocation of their community and community
serving entities.
(5) Division of local government means the division of local government in
the department of local affairs created in section 24-32-103.
(6) Dwelling unit means a single unit providing complete independent
living facilities for one or more individuals, including permanent provisions for
cooking, eating, living, sanitation, and sleeping.
(7) Local government means a home rule, territorial, or statutory county,
city and county, city, or town.
(8) Major transit stop means a station for boarding and exiting general
public passenger rail, including commuter rail and light rail, or a stop on a bus route
with a service frequency of fifteen minutes or less for eight hours or more on
weekdays, excluding seasonal service.
(9) Multifamily residential housing means a building or group of buildings
on a lot with five or more separate dwelling units.
(10) Neighborhood center means an area that meets the following criteria:
(a) Allows a reasonable net housing density within zoning that supports
mixed-use pedestrian-oriented neighborhoods, the development of regulated
affordable housing, and increased public transit ridership, as applicable;
(b) Uses an efficient development review process for multifamily residential
development on parcels in the area that are no larger than a size determined by the
department; and
(c) Includes aspects of mixed-use pedestrian-oriented neighborhoods, as
determined by criteria established by the department.
(11) Public facilities means public streets, roads, highways, sidewalks,
street- and road-lighting systems, traffic signals, domestic water systems, storm
and sanitary sewer systems, parks and recreational facilities, buildings used in the
provision of public services, and schools.
(12) Public services means fire protection and suppression, law
enforcement, public health, education, recreation, environmental protection,
stormwater management, wastewater management, public transportation, public
infrastructure maintenance, water, social services, and other services traditionally
provided by government.
(13) Region or regional means a defined geographic area consisting of
territory from more than one local government with a substantial interconnection in
commuting patterns, economy, workforce, transportation and transit systems,
public services, communities of interest, or other factors related to population and
housing.
(14) Regional entity means a council of governments, a public entity
formed by the voluntary agreement of local governments in the region, or a regional
planning commission.
(15) 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.
(16) Single-unit detached dwelling means a detached building with a single
dwelling unit located on a single lot.
(17) Supportive housing or supportive unit means a combination of
housing and services intended as a cost-effective way to help people live more
stable, productive lives, and typically combines affordable housing with intensive
coordinated services to help people maintain stable housing and receive
appropriate health care.
(18) Universal design means any dwelling unit designed and constructed to
be safe and accessible for any individual regardless of age or abilities.
(19) Visitable housing or visitable 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.