C.R.S. § 29-35-504: Qualifying property requirements for a subject jurisdiction - allowable uses.

(1) A subject jurisdiction shall not:

(a) Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development is no more than three stories or thirty-eight feet tall, unless:

(I) The subject jurisdiction is served by a fire protection district, fire department, or fire authority whose aerial apparatus is unable to serve a structure that is three stories tall; or

(II) The qualifying property is located in a historic district that does not allow residential structures that are three stories tall;

(b) Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development complies with the height requirements:

(I) Of the zoning district in which the residential development will be built; or

(II) That apply to any parcel zoned to allow for residential development that is contiguous to the qualifying property on which the residential development will be built;

(c) Disallow construction of a residential development on a qualifying property based on the number of dwelling units the residential development will contain, except in accordance with one of the standards listed in subsection (1)(d) of this section; or

(d) Apply site design standards to a residential development on a qualifying property that are more restrictive than the site design standards that the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including site design standards related to:

(I) Structure setbacks from property lines;

(II) Lot coverage or open space;

(III) On-site parking requirements;

(IV) Numbers of bedrooms in a multifamily residential development;

(V) On-site landscaping, screening, and buffering requirements;

(VI) Solar access;

(VII) Minimum dwelling units per acre; or

(VIII) Other objective setback standards that apply to residential dwellings, including setbacks from oil and gas facilities, oil and gas operations, stream corridors, riparian areas, wetlands, and sensitive wildlife habitats.

(2) If the uses are allowed conditionally or by right within the zoning district in which a qualifying property is located, a subject jurisdiction shall allow the following uses in a residential development on a qualifying property:

(a) Child care; and

(b) The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community.