As used in this part 4, unless the context otherwise
requires:
(1) Accessible unit means a housing unit that:
(a) Satisfies the requirements of the federal Fair Housing Act, 42 U.S.C.
sec. 3601 et seq., as amended;
(b) Incorporates universal design; or
(c) Is either a type A dwelling unit, as defined in section 9-5-101 (10), or a type
B dwelling unit, as defined in section 9-5-101 (12).
(2) Accessory dwelling unit means an internal, attached, or detached
dwelling unit that:
(a) Provides complete independent living facilities for one or more
individuals;
(b) Is located on the same lot as a proposed or existing primary residence;
and
(c) Includes facilities for living, sleeping, eating, cooking, and sanitation.
(3) Accessory dwelling unit supportive jurisdiction means a local
government that the department has certified pursuant to section 29-35-404 as an
accessory dwelling unit supportive jurisdiction.
(4) Accessory use means a structure or the use of a structure on the same
lot with, and of a nature customarily incidental and subordinate to, the principal
structure or use of the structure.
(5) (a) Administrative approval process means a process in which:
(I) A development proposal for a specified project is approved, approved with
conditions, or denied by local government administrative staff based solely on its
compliance with objective standards set forth in local laws; and
(II) Does not require, and cannot be elevated to require, a public hearing, a
recommendation, or a decision by an elected or appointed public body or a hearing
officer.
(b) Notwithstanding subsection (5)(a) of this section, an administrative
approval process may require an appointed historic preservation commission to
make a decision, or to make a recommendation to local government administrative
staff, regarding a development application involving a property that the local
government has designated as a historic property, provided that:
(I) The state historic preservation office within history Colorado has
designated the local government as a certified local government; and
(II) The appointed historic preservation commission's decision or
recommendation is based on standards either set forth in local law or established
by the secretary of the interior of the United States.
(6) County means a county, including a home rule county but excluding a
city and county.
(7) Department means the department of local affairs.
(8) Dwelling unit means a single unit providing complete independent
living facilities for one or more individuals, including permanent facilities for
cooking, eating, living, sanitation, and sleeping.
(9) Exempt parcel means a parcel that is:
(a) Not served by a domestic water and sewage treatment system, as
defined in section 24-65.1-104 (5), or is served by a well with a permit that cannot
supply an additional dwelling unit;
(b) A historic property that is not within a historic district; or
(c) In a floodway or in a one hundred year floodplain, as identified by the
federal emergency management agency.
(10) Historic district means a district established by local law that meets
the definition of district set forth in 36 CFR 60.3 (d).
(11) Historic property means a property listed:
(a) On the national register of historic places;
(b) On the Colorado state register of historic properties; or
(c) As a contributing structure or historic landmark by a certified local
government, as defined in section 39-22-514.5 (2)(b).
(12) Local government means a municipality, county, or tribal nation with
jurisdiction in Colorado.
(13) 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.
(14) Low- and moderate-income household means a household that is
considered low-, moderate-, or medium-income, as determined by the federal
department of housing and urban development.
(15) 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.
(16) Municipality means a home rule or statutory city or town, territorial
charter city or town, or city and county.
(17) Objective standard means a standard that:
(a) Is a defined benchmark or criterion that allows for determinations of
compliance to be consistently decided regardless of the decision maker; and
(b) Does not require a subjective determination concerning a development
proposal, including but not limited to whether the application for the development
proposal is:
(I) Consistent with master plans, or other development plans;
(II) Compatible with the land use or development of the area surrounding the
area described in the application; or
(III) Consistent with public welfare, community character, or neighborhood
character.
(18) Restrictive design or dimension standard means a standard in a local
law that:
(a) Requires an architectural style, building material, or landscaping that is
more restrictive for an accessory dwelling unit than for a single-unit detached
dwelling in the same zoning district;
(b) Does not allow for accessory dwelling unit sizes between five hundred
and seven hundred fifty square feet;
(c) Requires side setbacks for an accessory dwelling unit that are larger than
the side setbacks required for a primary dwelling unit in the same zoning district;
(d) Requires a rear setback for an accessory dwelling unit that is larger than
the greater of:
(I) The rear setback required for other accessory building types in the same
zoning district; or
(II) Five feet;
(e) Is a more restrictive minimum lot size standard for an accessory dwelling
unit than for a single-unit detached dwelling in the same zoning district; or
(f) Applies more restrictive aesthetic design or dimensional standards to
accessory dwelling units that are factory-built residential structures, as defined in
section 24-32-3302 (10), than other accessory dwelling units.
(19) (a) Short-term rental means the rental of a lodging unit for less than
thirty days. As used in this subsection (19), lodging unit means any property or
portion of a property that is available for lodging; except that the term excludes a
hotel or motel unit.
(b) Notwithstanding subsection (19)(a) of this section, a local government
may apply its own definition of short-term rental for purposes of this part 4.
(20) Single-unit detached dwelling means a detached building with a
single dwelling unit on a single lot.
(21) Subject jurisdiction means either:
(a) A municipality that both has a population of one thousand or more, as
reported by the state demography office, and is within a metropolitan planning
organization; or
(b) The portion of a county that is both within a census designated place with
a population of forty thousand or more, as reported in the most recent decennial
census, and within a metropolitan planning organization.
(22) Tandem parking space means a parking space that is located either in
front of or behind one or more other parking spaces that share the same point of
access.
(23) Universal design means any dwelling unit designed and constructed to
be safe and accessible for any individual regardless of age or abilities.
(24) 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.