Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 24-32-3701 - Definitions 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.Added by 2024 Ch. 290,§ 1, eff. 5/30/2024.