Colorado’s New Zoning Regulations

Two recent bills from the Colorado State legislature will affect future zoning regulations adopted in Colorado. The text of each is attached and they are briefly summarized below.

HB19-1191: Allow Farm Stands on Any Size Principal Use Site

The bill requires that farm stands of any size be permitted on any sized parcel regardless of whether the site has been zoned by a local government for agricultural operations.

As defined in the Bill, a farm stand means:
“a temporary or permanent structure used for the sale and display of agricultural products resulting from agricultural operations that are conducted on the principal use site on which the farm stand is located. A farm stand may sell and display agricultural products resulting from agricultural operations not conducted on the principal use site to the extent permitted by the applicable local government.”

HB 1222: Regulation of Family Child Care Homes

The bill requires local government to treat family child care homes as residential property in the application of local regulations, including zoning. Local governing authorities cannot impose any additional regulations governing family child care homes that do not also apply to other residential properties except to:
1. Prohibit the operation of two or more large family child care homes in immediately adjacent residences; and
2. Manage the flow of traffic and parking related to large family child care homes.

Family child care homes are defined as:
“a type of family care home that provides less than twenty-four (24) hour care at any time for two (2) or more children that are unrelated to each other or the provider, and are cared for in the provider’s place of residence” and large family child care homes are defined as “a family child care home that provides care for seven (7) to twelve (12) children.”