(1)Such regulations shall be made in
accordance with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, floodwaters, and other dangers; to
promote health and general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population; to promote
energy conservation; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements. Such regulations
shall be made with reasonable consideration, among other things, as to the
character of the district and its peculiar suitability for particular uses and with a
view to conserving the value of buildings and encouraging the most appropriate use
of land throughout such mu
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(1) Such regulations shall be made in
accordance with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, floodwaters, and other dangers; to
promote health and general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population; to promote
energy conservation; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements. Such regulations
shall be made with reasonable consideration, among other things, as to the
character of the district and its peculiar suitability for particular uses and with a
view to conserving the value of buildings and encouraging the most appropriate use
of land throughout such municipality.
(2) (a) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and
developmental disabilities, which homes are known as community residential
homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern
and that a state-licensed group home for eight persons with intellectual and
developmental disabilities is a residential use of property for zoning purposes. As
used in this subsection (2), the phrase residential use of property for zoning
purposes includes all forms of residential zoning and specifically, although not
exclusively, single-family residential zoning. As used in this section, persons with
intellectual and developmental disabilities has the same meaning as set forth in
section 25.5-10-202, C.R.S.
(b) (I) (Deleted by amendment, L. 2001, p. 104, � 2, effective March 21, 2001.)
(II) The general assembly declares that the establishment of group homes
for the aged for the exclusive use of not more than eight persons sixty years of age
or older per home is a matter of statewide concern. The general assembly further
finds and declares that it is the policy of this state to enable and assist persons
sixty years of age or older who do not need nursing facilities, and who so elect, to
live in normal residential surroundings, including single-family residential units.
Group homes for the aged must be distinguished from nursing facilities, as defined
in section 25.5-4-103, and institutions providing life care, as defined in section 11-49-101. Every municipality that adopts a zoning ordinance shall provide for the
location of group homes for the aged. A group home for the aged established under
this subsection (2)(b) must not be located within seven hundred fifty feet of another
group home, unless otherwise provided for by the municipality. Nothing in this
subsection (2)(b) shall be construed to exempt the group homes from compliance
with any state, county, or municipal health, safety, and fire codes. On April 29, 1976,
every person sixty years of age or older who resides in a skilled or intermediate
health-care facility and who may be transferred or discharged therefrom to a group
home for the aged shall not be so discharged or transferred unless he or she has
received ninety days' advance written notice thereof or has agreed in writing to the
proposed transfer or discharge.
(b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental
health disorders, as defined in section 27-65-102, is a matter of statewide concern
and that a state-licensed group home for eight persons with behavioral or mental
health disorders is a residential use of property for zoning purposes, as defined in
section 31-23-301 (4). A group home for persons with behavioral or mental health
disorders established pursuant to this subsection (2)(b.5) must not be located
within seven hundred fifty feet of another such group home, unless otherwise
provided for by the municipality. A person must not be placed in a group home
without being screened by either a professional person, as defined in section 27-65-102 (27), or any other such mental health professional designated by the
director of a facility approved by the commissioner of the behavioral health
administration. Persons determined to be not guilty by reason of insanity to a
violent offense must not be placed in such group homes, and any person who has
been convicted of a felony involving a violent offense is not eligible for placement
in such group homes. This subsection (2)(b.5) must be implemented, where
appropriate, by the rules of the department of public health and environment
concerning residential treatment facilities for persons with behavioral or mental
health disorders. Nothing in this subsection (2)(b.5) exempts such group homes
from compliance with any state, county, or municipal health, safety, and fire codes.
(b.7) The general assembly finds and declares that it is the policy of the
state to encourage, promote, and assist persons who are in recovery from
substance use disorders to live in residential neighborhoods. Further, the general
assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of
statewide concern and that recovery residences are a residential use of property
for zoning purposes and subject only to the regulations of like dwellings in the
same zone.
(c) Nothing in this subsection (2) shall be construed to supersede the
authority of municipalities and counties to regulate such homes appropriately
through local zoning ordinances or resolutions, except insofar as such regulation
would be tantamount to prohibition of such homes from any residential district. This
section is specifically not to be construed to permit violation of the provisions of
any zoning ordinance or resolution with respect to height, setbacks, area, lot
coverage or external signage or to permit architectural designs substantially
inconsistent with the character of the surrounding neighborhood. This section is
also not to be construed to permit conducting of the ministerial activities of any
private or public organization or agency or to permit types of treatment activities or
the rendering of services in a manner substantially inconsistent with the activities
otherwise permitted in the particular zoning district. If reasonably related to the
requirements of a particular home, a local zoning or other development regulations
may, without violating the provisions of this section, also attach specific location
requirements to the approval of the group home, including the availability of such
services and facilities as convenience stores, commercial services, transportation,
and public recreation facilities.
(3) The general assembly declares that the availability and affordability of
housing for residents of this state is a matter of statewide concern. It is the purpose
of section 31-23-301 (5) to promote the public health, safety, and welfare by
allowing residents of this state an additional opportunity to be able to live in
decent, safe, and affordable housing on a permanent basis by prohibiting the
exclusion of manufactured homes on single site lots from municipalities where the
manufactured homes meet or exceed on an equivalent performance engineering
basis the standards established by the municipal building code.
Source: L. 75: Entire title R&RE, p. 1156, � 1, effective July 1; entire section
amended, p. 934, � 58, effective July 1. L. 76: (2)(a.5) added, p. 695, � 2, effective
April 29. L. 79: (1) amended, p. 1164, � 14, effective January 1, 1980. L. 84: (3) added,
p. 825, � 3, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1217, � 3, effective July
1. L. 90: (2)(b) amended, p. 1477, � 2, effective July 1. L. 91: (2)(b)(II) amended, p.
1858, � 21, effective April 11. L. 92: (2)(b.5) amended, p. 2179, � 44, effective June 2. L. 94: (2)(b.5) amended, p. 2715, � 298, effective July 1. L. 2001: (2)(a), (2)(b), and
(2)(b.5) amended, p. 104, � 2, effective March 21. L. 2006: (2)(b)(II) amended, p. 2022,
� 116, effective July 1; (2)(b.5) amended, p. 1408, � 77, effective August 7. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, � 82, effective April 29. L. 2013: (2)(a)
amended, (HB 13-1314), ch. 323, p. 1813, � 53, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1379, � 301, effective May 25; (2)(b)(II)
amended, (SB 17-226), ch. 159, p. 590, � 10, effective August 9. L. 2022: (2)(b.5)
amended, (HB 22-1256), ch. 451, p. 3238, � 49, effective August 10. L. 2024: (2)(b.7)
added, (SB 24-048), ch. 405, p. 2786, � 8, effective August 7. L. 2025: (2)(b)(II)
amended, (HB 25-1184), ch. 210, p. 951, � 12, effective August 6.