ATTACHMENT A - Housing Opportunities Made Easier (HOME) Act Exemptions and Provisions

Regular Meeting, September 3, 2026 · item 7A: Update to City Council on recent State Legislation and State Funding Land Use Code Changes. Staff Time: 20 Min Council Time: 40 Min · 2 pages

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Attachment A: HOME Act Exemptions and Provisions

Housing Opportunities Made Easier (HOME) Act Exemptions and Provisions Exemptions A parcel is found to be exempt if it is: • • • • • • •

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Not owned by a qualifying entity; Larger than five acres; Adjacent to another qualifying property that is five acres or less because of a recent subdivision process within the past five years; “Not served by a domestic water and sewage treatment system, as defined in Section 2465.1-104 (5) [Colorado Revised Statutes]; Served by a well that is not connected to a water distribution system, as defined in Section 25-9-102 (6); or Served by a septic tank, as defined in Section 25-10-103 (18); A parcel where residential use is prevented or limited by state regulation, federal regulation, or deed restriction pursuant to: o Federal aviation administration restrictions pursuant to 14 CFR 77 or 49 U.S.C. Chapter 471; o An environmental covenant pursuant to Sections 25-15-318 to 25-15-323; or o Flammable Gas Overlay zoning district restrictions; A parcel that is subject to a conservation easement; A parcel that is zoned or used primarily for industrial use, which, for purposes of this subsection means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, mineral or gravel extraction, assembly, warehousing, or storage; A parcel that is subject to an intergovernmental agreement or annexation agreement that limits residential development; A parcel that is zoned for agricultural use; A parcel that is zoned for forestry, natural resource preservation, or open space; A parcel that is in a floodway or in a one-hundred-year floodplain, as identified by the federal emergency management agency; A parcel that is located within an Airport Influence Area; or A historic property that is located outside of a historic district,” excerpted from Section 29-35-502-2 of the HOME Act.

Provisions The HOME Act states that a jurisdiction cannot deny an affordable housing project on the basis of: • • •

Certain building height maximum; The number of dwelling units; and Site Design standards that are more restrictive than the standards that apply to similar housing constructed in the city, including those related to: o “Structure setbacks from property lines;

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Lot coverage or open space; On-site parking requirements; Numbers of bedrooms in multi-unit structures; On-site landscaping, screening, and buffering requirements; Solar access; Minimum dwelling units per acre; or Other objective setback standards that apply to residential dwellings, such as setbacks from oil and gas facilities and operations, stream corridors, riparian areas, wetlands, and sensitive wildlife habitats,” excerpted from Section 29-35504-1-d of the HOME Act