§ 29-35-304 — Minimum parking requirements for housing developments

Colorado § 29-35-304

• Jurisdiction: Colorado
• Title 29: Government
• Art.: State Land Use Criteria for Strategic Growth

Text

(1)
Notwithstanding section 29-35-303, a local government may impose or enforce a
minimum parking requirement in connection with a housing development project
that is intended to contain twenty units or more or contain regulated affordable
housing by requiring no more than one parking space per dwelling unit in the
housing development.

(2) (a) In order to impose a minimum parking requirement pursuant to
subsection (1) of this section in connection with a housing development project, a
local government must, no later than ninety days after receiving a completed
application for the housing development project, publicly publish written findings
that find that not imposing or enforcing a minimum parking requirement in
connection with the housing development project would have a substantial
negative impact.

(b) A local government's written findings published pursuant to subsection
(2)(a) must:

(I) Be supported by substantial evidence that supports the finding of a
substantial negative impact on:

(A) Safe pedestrian, bicycle, or emergency access to the housing
development project; or

(B) Existing on- or off-street parking spaces within one eighth-mile of the
housing development project;

(II) Be reviewed and approved by a professional engineer, as defined in
section 12-120-202 (7).

(III) Include parking utilization data collected from the area within one
eighth-mile of the housing development project; and

(IV) Demonstrate that the local government implementation of strategies to
manage demand for on-street parking for the area within one eighth-mile of the
housing development project would not be effective to mitigate a substantial
negative impact found pursuant to this section.

(3) On or before December 31, 2026, and every December 31st thereafter, if
applicable, a local government shall, in a form and manner determined by the
department of local affairs, submit information regarding a minimum parking
requirement imposed or enforced pursuant to this section to the department of
local affairs.

(4) The department of local affairs may issue policies and procedures as
necessary to implement this section.

Legislative History

Source: L. 2024: Entire article added (see the editor's note following the part 3 heading), (HB 24-1304), ch. 159, p. 738, � 1, effective August 7.