First Regular Session
Sixty-second General Assembly
LLS NO. 99-0479.01 Gregg Fraser SENATE BILL 99-091
STATE OF COLORADO
BY SENATOR Hillman;
also REPRESENTATIVE Pfiffner.
REENGROSSED LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING ESTABLISHMENT OF PROCEDURES TO REFER
A COUNTY
102 RESOLUTION IMPOSING A LAND USE REGULATION FOR APPROVAL BY
103 ELIGIBLE ELECTORS OF THE AREA TO BE AFFECTED BY THE
104 REGULATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Allows registered electors who reside or own property in an
unincorporated area of a county that is not subject to zoning or building
code regulations to file a petition to refer any county resolution to impose
such regulations upon the area to a vote. Allows the registered electors
who reside in or own property in the area to vote in the election.
Specifies the filing period and the number of signatures required for such
petition. Allows the petition to be submitted at a November general
election or at a special election.
Specifies that the referendum petition process only applies to
counties with a specified population and at least a specified percentage
of the area is not subject to land use regulations. Makes an exception
when all of the landowners within such area agree to the imposition of
such regulations.
Provides that the referendum petition process shall apply to
ordinances adopted on or after a specified date.
Requires a ballot issue notice to be prepared and distributed in a
manner similar to matters arising under section 20 of article X of the state
constitution (TABOR).
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 30-28-113 (1), Colorado Revised Statutes, is
3 amended, and the said section 30-28-113 is further amended BY THE
4 ADDITION OF A NEW SUBSECTION, to read:
5 30-28-113. Regulation of size and use - districts. (1) Except as
6 otherwise provided in SECTION 30-28-113.5 AND section 34-1-305,
7 C.R.S., when the county planning commission of any county makes,
8 adopts, and certifies to the board of county commissioners plans for
9 zoning the unincorporated territory within any county, or any part
10 thereof, including both the full text of a zoning resolution and the maps,
11 after public hearing thereon, the board of county commissioners, by
12 resolution, may regulate, in any portions of such county which lie outside
13 of cities and towns the location, height, bulk, and size of buildings and
14 other structures, the percentage of lot which may be occupied, the size of
15 yards, courts, and other open spaces, the uses of buildings and structures
16 for trade, industry, residence, recreation, public activities, or other
17 purposes, access to sunlight for solar energy devices, and the uses of land
18 for trade, industry, residence, recreation, or other purposes and for flood
19 control. In order to accomplish such regulation, the board of county
20 commissioners may divide the territory of the county which lies outside
21 of cities and towns into districts or zones of such number, shape, or area
22 as it may determine, and, within such districts or any of them, may
23 regulate the erection, construction, reconstruction, alteration, and uses of
24 buildings and structures and the uses of land, and may require and
25 provide for the issuance of building permits as a condition precedent to
26 the right to erect, construct, reconstruct, or alter any building or structure
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1 within any district covered by such zoning resolution.
2 (3) ANY RESOLUTION IMPOSING A ZONING REGULATION THAT, IF
3 ADOPTED, WOULD BE SUBJECT TO THE PROVISIONS OF SECTION 30-28-113.5
4 SHALL SPECIFY THE NUMBER OF SIGNATURES REQUIRED PURSUANT TO SAID
5 SECTION FOR A PETITION TO BE FILED TO PLACE SUCH RESOLUTION ON THE
6 BALLOT. IF NO PETITION IS FILED IN ACCORDANCE WITH SECTION
7 30-28-113.5, SUCH RESOLUTION SHALL TAKE EFFECT NO EARLIER THAN
8 THE DAY FOLLOWING THE EXPIRATION OF THE NINETY-DAY PERIOD AFTER
9 THE RESOLUTION IS ADOPTED. IF A PETITION IS FILED IN ACCORDANCE
10 WITH SAID SECTION, THE RESOLUTION, IF APPROVED, SHALL TAKE EFFECT
11 NO EARLIER THAN THE DATE THE COUNTY CLERK AND RECORDER CERTIFIES
12 THE RESULTS OF THE ELECTION.
13 SECTION 2. Part 1 of article 28 of title 30, Colorado Revised
14 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
15 read:
16 30-28-113.5. Right to petition. (1) AS USED IN THIS SECTION,
17 UNLESS THE CONTEXT OTHERWISE REQUIRES:
18 { (a) "ELIGIBLE ELECTOR" MEANS A REGISTERED ELECTOR WHO
19 RESIDES IN THE COUNTY IN WHICH A ZONING REGULATION OR BUILDING
20 CODE IS TO BE IMPOSED.}
21 ({b}) {"ELIGIBLE PETITIONER"} MEANS A REGISTERED ELECTOR WHO
22 OWNS PROPERTY IN OR WHO RESIDES IN AN UNINCORPORATED AREA OF A
23 COUNTY THAT IS NOT CURRENTLY SUBJECT TO EITHER A ZONING
24 REGULATION OR A BUILDING CODE BUT WILL BE SUBJECT TO SUCH ZONING
25 REGULATION OR BUILDING CODE PURSUANT TO A RESOLUTION ADOPTED BY
26 A BOARD OF COUNTY COMMISSIONERS.
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1 ({c}) "LAND USE REGULATION" MEANS A HEIGHT, BULK, SIZE, USE, OR
2 OTHER REGULATION IMPOSED BY A COUNTY PURSUANT TO SECTION
3 30-28-113 OR A BUILDING CODE IMPOSED BY A COUNTY PURSUANT TO
4 SECTION 30-28-202.
5 (2) AN ELIGIBLE {PETITIONER} SHALL HAVE NINETY DAYS
6 FOLLOWING THE ADOPTION OF A RESOLUTION IMPOSING A LAND USE
7 REGULATION UPON THE AREA IN WHICH SUCH {PETITIONER} RESIDES TO FILE
8 A PETITION WITH THE COUNTY CLERK AND RECORDER TO SUBMIT SUCH
9 RESOLUTION TO A VOTE OF THE ELIGIBLE ELECTORS TO DETERMINE
10 WHETHER A MAJORITY OF THE ELIGIBLE ELECTORS {WHO VOTE} APPROVE
11 SUCH REGULATION. A PETITION FILED PURSUANT TO THIS SECTION SHALL
12 BE SIGNED BY AT LEAST FIVE HUNDRED ELIGIBLE {PETITIONERS OR TEN
13 PERCENT OF ELIGIBLE PETITIONERS,} WHICHEVER IS LESS. UPON RECEIVING
14 A VALID PETITION PURSUANT TO THIS SECTION, {THE COUNTY CLERK AND
15 RECORDER SHALL DETERMINE THE SUFFICIENCY OF THE PETITION. IF THE
16 PETITION IS DECLARED SUFFICIENT, THE BOARD OF COUNTY
17 COMMISSIONERS SHALL SUBMIT THE MEASURE TO} THE ELIGIBLE ELECTORS
18 FOR THEIR APPROVAL OR REJECTION.
19 (3) A PETITION SUBMITTED PURSUANT TO THIS SECTION SHALL BE
20 SUBMITTED TO A VOTE AT A STATE GENERAL ELECTION OR, IF THE BOARD
21 OF COUNTY COMMISSIONERS SO DETERMINES, AT A SPECIAL ELECTION
22 HELD ON THE FIRST TUESDAY IN NOVEMBER OF AN ODD-NUMBERED YEAR.
23 (4) THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO
24 COUNTIES WITH A POPULATION IN EXCESS OF ONE HUNDRED THOUSAND
25 INDIVIDUALS AND IF, PRIOR TO THE ADOPTION OF THE RESOLUTION AT
26 ISSUE, AT LEAST TWENTY-FIVE PERCENT OF THE {UNINCORPORATED, NON-
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1 EDERALLY OWNED} AREA OF THE COUNTY IS NOT SUBJECT TO ANY:
2 (a) ZONING REGULATION WHERE THE RESOLUTION AT ISSUE
3 IMPOSES A ZONING REGULATION; OR
4 (b) BUILDING CODE WHERE THE RESOLUTION AT ISSUE IMPOSES A
5 BUILDING CODE.
6 (5) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF ALL
7 OWNERS OF LAND INCLUDED IN THE AREA TO BE SUBJECT TO A LAND USE
8 REGULATION HAVE AGREED IN WRITING TO THE IMPOSITION OF THE LAND
9 USE REGULATION PRIOR TO THE TIME THE RESOLUTION IMPOSING SUCH
10 REGULATION IS ADOPTED.
11 (6) (a) ANY RESOLUTION IMPOSING A LAND USE REGULATION
12 ADOPTED BY A COUNTY ON OR AFTER JANUARY 1, 1999, BUT PRIOR TO THE
13 EFFECTIVE DATE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS
14 OF THIS SECTION; EXCEPT THAT THE ELIGIBLE {PETITIONERS} SHALL HAVE
15 NINETY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION TO SUBMIT A
16 PETITION TO THE COUNTY CLERK AND RECORDER.
17 (b) IF A PETITION IS FILED PURSUANT TO THIS SUBSECTION (6) AND
18 THE ELIGIBLE ELECTORS DO NOT APPROVE THE LAND USE REGULATION AT
19 ISSUE, THE RESOLUTION SHALL BE REPEALED AND THE COUNTY SHALL BE
20 PROHIBITED FROM ENFORCING ANY LAND USE REGULATION IMPOSED
21 PURSUANT TO SUCH RESOLUTION.
22 (7) EXCEPT AS OTHERWISE REQUIRED BY THIS SECTION, THE
23 PROCEDURES FOR PLACING A RESOLUTION IMPOSING A LAND USE
24 REGULATION BEFORE THE ELIGIBLE ELECTORS PURSUANT TO THIS SECTION
25 SHALL BE AS PROVIDED IN SECTION 30-11-103.5. A BALLOT ISSUE NOTICE
26 CONCERNING THE BALLOT ISSUE SHALL BE PREPARED AND DISTRIBUTED AS
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1 NEARLY AS PRACTICABLE IN A MANNER CONSISTENT WITH PART 9 OF
2 ARTICLE 7 OF TITLE 1, C.R.S., AS IF SUCH MATTER WAS A BALLOT ISSUE
3 ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.
4 {IN ADDITION, THE COUNTY SHALL GIVE PUBLIC NOTICE OF THE ELECTION,
5 THE TIME AND PLACES THEREOF, AND THE MATTERS SUBMITTED TO THE
6 VOTE OF THE ELECTORS. SUCH PUBLIC NOTICE SHALL BE PUBLISHED ONCE
7 A WEEK FOR AT LEAST FOUR WEEKS PRIOR TO THE ELECTION IN A
8 NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY.
9 (8) NOTWITHSTANDING WHETHER A PETITION HAS OR HAS NOT
10 BEEN FILED PURSUANT TO THIS SECTION OR ANY OTHER PROVISION OF THIS
11 SECTION TO THE CONTRARY, A BOARD OF COUNTY COMMISSIONERS MAY,
12 IN LIEU OF COMPLYING WITH THE PROVISIONS OF THIS SECTION, DIRECTLY
13 REFER A RESOLUTION IMPOSING A ZONING REGULATION OR BUILDING CODE
14 THAT, IF ADOPTED, WOULD BE SUBJECT TO THE PROVISIONS OF THIS
15 SECTION TO THE ELIGIBLE ELECTORS FOR THEIR APPROVAL OR REJECTION.
16 SUCH ACTION SHALL, TO THE EXTENT POSSIBLE, COMPLY WITH ALL OTHER
17 APPLICABLE PROVISIONS OF THIS SECTION.}
18 SECTION 3. 30-28-202 (2), Colorado Revised Statutes, is
19 amended, and the said 30-28-202 is further amended BY THE
20 ADDITION OF A NEW SUBSECTION, to read:
21 30-28-202. Designation of zoned area - hearing. (2) The county
22 planning commission shall have thirty days from such submission within
23 which to send its report to the board of county commissioners. The
24 opinion of the county planning commission shall be advisory only, and,
25 upon receipt thereof, the board of county commissioners may accept,
26 reject, or amend the proposed change or departure. After a public hearing
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1 has been held thereon, the board of county commissioners, by resolution,
2 may adopt a building code for all or part of the county. SUCH
3 RESOLUTION SHALL BE SUBJECT TO THE PETITION PROVISIONS SET FORTH
4 IN SECTION 30-28-113.5.
5 (3) ANY RESOLUTION IMPOSING A BUILDING CODE PURSUANT TO
6 THIS SECTION THAT, IF ADOPTED, WOULD BE SUBJECT TO THE PROVISIONS
7 OF SECTION 30-28-113.5 SHALL SPECIFY THE NUMBER OF SIGNATURES
8 REQUIRED PURSUANT TO SAID SECTION FOR A PETITION TO BE FILED TO
9 PLACE SUCH RESOLUTION ON THE BALLOT. IF NO PETITION IS FILED IN
10 ACCORDANCE WITH SECTION 30-28-113.5, SUCH RESOLUTION SHALL TAKE
11 EFFECT NO EARLIER THAN THE DAY FOLLOWING THE EXPIRATION OF THE
12 NINETY-DAY PERIOD AFTER THE RESOLUTION IS ADOPTED. IF A PETITION IS
13 FILED IN ACCORDANCE WITH SAID SECTION, THE RESOLUTION, IF
14 APPROVED, SHALL TAKE EFFECT NO EARLIER THAN THE DATE THE COUNTY
15 CLERK AND RECORDER CERTIFIES THE RESULTS OF THE ELECTION.
16 SECTION 4. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, and safety.