Colorado Code § 30-11-605

Powers and duties of governing bodies, planning commissions, and boards of adjustment
Open in Lexace · Ask the AI about this section
(1) Upon being requested to do so by an agency of the United States, the
governing body shall determine if any telecommunications research facility of the United States
is located wholly or partially within its jurisdiction. If such determination results in a finding that
such a facility is so located, the planning commission, the board of adjustment, and the
governing body shall, from and after April 23, 1969, be bound by the following: When
considering any request for rezoning, exceptions to or variances from the terms of zoning
regulations, or changed or additional uses of land within a distance of two miles from the
perimeter of any telecommunications research facility of the United States, the planning
commission, the board of adjustment, and the governing body shall consider, in a like manner as
those criteria set forth in sections 30-28-115 and 31-23-303, C.R.S., and other criteria applied to
the consideration of requests for rezoning, exceptions to or variances from zoning regulations, or
changed or additional uses of land, any data presented as to the effect that development made
pursuant to such request will have on such telecommunications research facility of the United
States, including what interference may be caused to said facility by the emanation of electrical
impulses from electrical equipment that may be installed if such request is approved.
(2) If approval for any request for rezoning to a zoning district, for an exception to or
variance from the terms of any zoning regulation, or for a changed or additional use of land,
which will permit hospitals, industrial, business, or commercial uses is sought within a distance
of two miles from the perimeter of any telecommunications research facility of the United States,
the planning commission, the board of adjustment, and the governing body may request
reasonable information regarding the proposed use to be made from the applicant submitting the
request for approval, including, but not limited to, a summary of the kinds of industrial electrical
equipment expected to be installed on such property if the approval being sought is given.
(3) Within a distance of two miles from the perimeter of any telecommunications
research facility of the United States, any approval of a subdivision plat in a residential zoning
district and any approval for rezoning from existing districts to other districts that may exist or
be created by the zoning resolution of any city, town, or county in which a telecommunications
research facility of the United States is located shall be granted only if the covenants set forth in
paragraphs (a) to (e) of subsection (4) of this section are included in the subdivision plat or as
part of the rezoning request, which covenants shall be filed for recording with the county clerk
and recorder following approval by the governing body; but said governing body may, under
reasonable circumstances, waive the application of any one or more of said covenants with
respect to all or any part of the affected land. The requirements set forth in this subsection (3)
shall not apply to the approval of subdivision plats in single-family residential zoning districts
where the minimum lot area permitted is one acre or more if the subdivision plat is approved, to
requests for rezoning to single-family residential zoning districts in which the minimum lot area
on unsubdivided land will be one acre or more if the rezoning request is approved, or to requests
for rezoning to forestry or agricultural districts.
(4) The covenants referred to in subsection (3) of this section are as follows:
(a) All electrical distribution lines and service lines and all telephone lines shall be
placed underground.
(b) No neon signs of any kind shall be permitted on any part of the property.
(c) No electrical fences shall be erected on any part of the property.
(d) All street lights shall be shielded so as to minimize upward illumination.
(e) No arc welding equipment or remote control garage door openers which employ a
radiating type of receiver shall be installed or operated from a permanent location on the
property.
(5) No expressways or major arterials shall be authorized or constructed within a
distance of one mile from the perimeter of any telecommunications research facility of the
United States and, unless the governing body specifically makes an exception therefor, no
collector streets shall be authorized or constructed within a distance of one mile from the
perimeter of any telecommunications research facility of the United States.
(6) The limitations of this part 6 shall be incorporated in any zoning resolution, building
code resolution, or both, in any city, town, or county in which a telecommunications research
facility of the United States is located, and each such city, town, or county shall enforce the same
as provided by law.
(7) The governing body shall determine, with the assistance of a surveyor, if necessary,
the boundaries of lands located in such city, town, or county, or both, as the case may be,
affected by the limitations imposed by this part 6 and shall record such boundaries in the office
of the county clerk and recorder of said county.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.