Colorado Code § 31-12-501

Application - enactment - filing - definitions
Open in Lexace · Ask the AI about this section
(1) When the owner of a
tract of land within and adjacent to the boundary of a municipality desires to have said tract
disconnected from such municipality, such owner may apply to the governing body of such
municipality for the enactment of an ordinance disconnecting such tract of land from such
municipality. The owner shall also provide notice and a copy of the application to the board of
county commissioners of the county in which the tract of land that is the subject of the
application is located and to the board of directors of any affected special district. No later than
the effective date of the disconnection of a particular tract of land, any vested property rights
affecting the tract that have been established pursuant to article 68 of title 24 prior to such date
that are possessed by the owner of the tract shall be expired or relinquished.
(2) (a) Not more than thirty days after receiving the notice required by subsection (1) of
this section, either the board of county commissioners or the board of directors of any affected
special district may request a meeting with the owner and the governing body of the
municipality, or its appointee, to discuss and address any negative impacts on the county that
would result from the disconnection. If such meeting is requested, the owner and the governing
body or its appointee shall meet with either the board of county commissioners, or its appointee,
or the board of any affected special district, or its appointee, not more than thirty days after the
meeting was requested. Failure by either the board of county commissioners or the board of any
affected special district to request a meeting constitutes an acknowledgment by the particular
board that the disconnection will not adversely affect the county or an affected special district, as
applicable.
(b) As used in paragraph (a) of this subsection (2), "affected special district" means any
special district that by its service plan or pursuant to an intergovernmental agreement is or will
be expected to provide service to the tract of land that is the subject of the disconnection
application. For purposes of paragraph (a) of this subsection (2), "negative impact" includes any
change in the level or extent of services being provided to the tract of land by any special
district.
(3) On receipt of such application, the governing body of the municipality shall give due
consideration to the disconnection application, and, if such governing body is of the opinion that
the best interests of the municipality will not be prejudiced by the disconnection of such tract, it
shall enact an ordinance effecting such disconnection.
(4) If such an ordinance is enacted, it is immediately effective upon the required filing
with the county clerk and recorder to accomplish the disconnection, and two certified copies
thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in
which such tract lies. The county clerk and recorder shall file the second certified copy with the
division of local government in the department of local affairs, as provided by section 24-32-
109, C.R.S.
(5) (a) Any tract of land that has been disconnected from a municipality, whether by
means of an ordinance enacted under subsection (3) of this section or a court decree that has
been entered under part 6 of this article 12, shall be made subject to the applicable county's
zoning resolution and map and other land development regulations within ninety days after the
effective date of the disconnection as described in subsection (4) of this section. Any provision
of the county's zoning resolution, zoning map, or zoning plan automatically applying a uniform
zoning classification to all land that may be disconnected in the future is void and of no effect as
to any particular tract of land. The county may institute the procedure specified in the Colorado
Revised Statutes, in its zoning resolution or zoning plan, or in its other land development
regulations to allow the particular tract of land to obtain the necessary land entitlements at any
time after the county receives the notice from the municipality regarding enactment of an
ordinance disconnecting the tract from the municipality described in subsection (1) of this
section; except that any such zoning resolution, zoning plan, or other land development action
shall not be enacted and made effective until the tract of land has been disconnected from the
municipality in accordance with this section.
(b) During the ninety-day period specified in subsection (5)(a) of this section, or such
lesser time as is required to satisfy such requirement, the county may elect not to issue any
building or occupancy permit for all or any portion of the land area that is the subject of the
disconnection application.
(c) Any county may commence the procedure specified in its own subdivision
regulations to subdivide the tract of land that is the subject of the disconnection application at
any time after the disconnection has been completed and the ordinance has been filed with the
county clerk and recorder in accordance with subsection (4) of this section; except that the
county shall not make a final decision approving the subdivision until zoning affecting the
particular tract of land has been enacted in accordance with subsection (5)(a) of this section.

‹ 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.