Exceptions.

Denver Revised Municipal Code § 27-154

in effect

Sec. 27-154. - Exceptions. The payment of linkage fees as set forth in section 27-153 shall not be required for the issuance of a building permit under any of the following circumstances: (a) Construction upon any property which is, alone or in combination with other properties, the subject of a contractual commitment or covenant that is dated and properly recorded prior to the imposition of a linkage fee on the first structure on the property and is enforceable by the city to construct affordable housing, including by way of example any development or subdivision agreement which includes an affordable housing covenant and to which the city is a party, any city-approved plan to build moderately priced development units (MPDUs) under article IV of this chapter 27, any city-approved plan to build affordable units in place of the linkage fee, any high impact development compliance plan executed and recorded pursuant to article X, division 3 of this chapter 27 where a payment of fees to support affordable housing development is contained in the high impact development compliance plan, or an affordable housing plan executed to meet incentive requirements under article VI of this chapter 27. The exception provided by this subsection (a) shall apply only for so long as such contractual commitment or covenant to construct affordable housing remains in effect. Construction upon property that, alone or in combination with other properties, was originally developed under such a contractual commitment or covenant and is substantially proposed for redevelopment shall be subject to payment of linkage fees hereunder unless the redevelopment is governed by a new contractual commitment or covenant to construct affordable housing, or otherwise qualifies for an exception under any other provision of this section. (b) Construction upon any property subject to an obligation as a condition of zoning to provide affordable housing on the property. (c) Structures that are constructed with the support of any combination of federal, state or local financial resources, including private activity bonds, tax credits, grants, loans, or other subsidies to incentivize the development of affordable housing, including support from the affordable housing permanent funds created in section 27-150, and that are or will be restricted by law, contract, deed, covenant, or any other legally enforceable instrument to provide housing units only to income-qualified households. This exception shall apply to any housing project financed or constructed by or on behalf of the Denver Housing Authority. (d) Residential dwelling units that are built by any charitable, religious, or other nonprofit entity and deed-restricted to ensure the affordability of the dwelling unit to low and moderate income households. (e) Structures that are built by any charitable, religious or other nonprofit entity and that are primarily used to provide, shelter, housing, housing assistance, or related services to low income households or persons experiencing homelessness. (f) Construction by or on behalf of the federal, state or local governments or any department or agency thereof, to the extent any or all of the gross floor area in the structure will be used solely for a governmental or educational purpose. (g) Any structure that is being reconstructed up to the legally established gross floor area due to involuntary demolition or involuntary destruction as defined in article 13 of the Denver Zoning Code, but which also includes involuntary manmade forces. (h) An addition of four hundred (400) square feet of gross floor area or less to an existing structure containing a single-unit dwelling or a two-unit dwelling. (i) Accessory dwelling units as defined in article 11 of the Denver Zoning Code. (j) Any gross floor area of a structure containing an education use as defined in article 11 of the Denver Zoning Code, including any student housing operated by an education use. (k) Any gross floor area of a structure containing residential development, as defined in section 27-219, that is subject to Mandatory Affordable Housing, article X of this Chapter 27. (Ord. No. 625-16, § 1, 9-19-16; Ord. No. 1407-18, § 7, 12-17-18; Ord. No. 47-20, § 36, 3-16-20; Ord. No. 426-22, § 1, 6-6-22; Ord. No. 1154-24, § 1, 9-30-24)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH27HO_ARTVDEFUAFHO_DIV2LIFE_S27-154EXFetched: 10/27/2026