Imposition of linkage fee.
Denver Revised Municipal Code § 27-153
in effectSec. 27-153. - Imposition of linkage fee.
(a) In general. Except as provided in section 27-154, an affordable housing linkage fee shall be imposed prior to the issuance of a building permit for any new structure or for any addition to an existing structure that increases the gross floor area of the existing structure, according to the following fee schedule:
Use Within a Structure | Fee Per square foot of GFA
Effective July 1, 2022 | Effective July 1, 2023 | Effective July 1, 2024 | Effective July 1, 2025
Dwelling unit(s) of 1,600 square feet or less of GFA within a single-unit dwelling, two-unit dwelling, or multi-unit dwelling or live/work dwelling of 9 dwelling units or less. | $1.75 | $2.83 | $3.92 | $5.00
Dwelling unit(s) of more than 1,600 square feet of GFA within a single-unit dwelling, two-unit dwelling, or multi-unit dwelling, or live/work dwelling of 9 dwelling units or less. | $2.50 | $4.33 | $6.17 | $8.00
Any primary residential use other than dwelling units. | $2.25 | $3.83 | $5.42 | $7.00
Any primary commercial sales services and repair uses or any primary civic public or institutional uses in a typical market area as typical market area is defined in section 27-219. | $2.90 | $3.93 | $4.97 | $6.00
Any primary commercial sales services and repair uses or any primary civic, public or institutional uses in a high market area as high market area is defined in section 27-219. | $3.65 | $5.43 | $7.22 | $9.00
Any primary industrial, manufacturing and wholesale uses or any primary agricultural uses. | $0.96 | $1.47 | $1.99 | $2.50
(b) Mixed use structures; split properties. When a structure is proposed to be constructed and used for any combination of the uses set forth in subsection (a) of this section, the required linkage fee shall be determined based upon an apportionment of the gross floor area in the structure attributable to each of the proposed uses. When a structure is proposed to be constructed upon any property that is partially subject to either of the exceptions to applicability of the fee as set forth in subsection 27-154(a), (b) or (k), the required linkage fee shall be applied only to the gross floor area of construction that is physically located outside of the portion of the property to which the exception applies.
(c) Voluntary compliance with Mandatory Affordable Housing, Article X, Chapter 27. An applicant for a building permit for any structure that contains dwelling units that would be subject to the payment of the linkage fee may voluntarily comply with Mandatory Affordable Housing, Article X, Chapter 27 rather than pay the required linkage fee.
(d) Modification of existing structures. The linkage fees imposed by this section shall not be required for the issuance of building permits associated with any improvement, repair, remodeling, tenant finish, or any other modifications to an existing structure unless the modification increases the gross floor area of the structure.
(e) Annual inflation adjustment; future fee increases.
(1) On July 1, 2026, and on each July 1 thereafter, the fees set forth in subsection (a) of this section shall be adjusted in an amount equal to the percentage change from the previous calendar year in the CPI-U. The adjustments will be reflected in a fee schedule issued by the executive director (manager) of the department of community planning and development and made publicly available in advance of the fees becoming effective. The annual inflation adjustment shall apply to and be collected in conjunction with the issuance of any building permit on or after July of the year in which the adjustment is made, regardless of when the application for the building permit was made.
(2) As used in subsection (e), the term "CPI-U" means the United States Department of Labor Statistics (Bureau of Labor Statistics) Consumer Price Index for All Urban Consumers, All items, for the Denver-Aurora-Lakewood, Colorado metropolitan area (1982-84-100). In the event that the CPI-U is substantially changed, renamed, or abandoned by the United States Government, then in its place shall be substituted the index established by the United States Government that most closely resembles the CPI-U, as determined by the executive director of the department of housing stability.
(3) Except as provided in paragraph (1) of this section, the fees set forth in this section shall not be increased prior to January 1, 2028. On and after January 1, 2028, the fees set forth in this section shall not be increased in excess of the inflation adjustments set forth in subsection (2) unless and until the city commissions another study to evaluate whether the fee increase will affect the economic feasibility or any type of development to which the fee increase is proposed to be applied.
(Ord. No. 625-16, § 1, 9-19-16; Ord. No. 47-20, § 35, 3-16-20; Ord. No. 426-22, § 1, 6-6-22)
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_S27-153IMLIFEFetched: 10/27/2026