C.R.S. Section 31-12-115
Zoning of land while annexation is under way

  • zoning of newly annexed land
  • subdivision of land while annexation is under way
  • regulatory impairments affecting newly annexed land used for agricultural purposes
  • notice
  • definitions

(1)

An annexing municipality may institute the procedure outlined in state statutes or municipal charter to make land subject to zoning at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 31-12-107. The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for zoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without or partly within and partly without the annexing municipality.

(2)

If the municipality has a zoning ordinance, any area annexed on or after January 1, 1966, shall be brought under such zoning ordinance and map within ninety days after the effective date of the annexation ordinance, irrespective of any legal review which may be instituted pursuant to section 31-12-116.

(3)

During such ninety-day period or such portion thereof required to comply with subsection (2) of this section, the annexing municipality may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area.

(4)

Any provision in a zoning ordinance automatically applying a uniform zoning classification to all land which may be annexed in the future is void and of no effect as to any annexation completed on or after January 1, 1966.

(5)

Any annexing municipality may institute the procedure outlined in its subdivision regulations to subdivide land in the area proposed to be annexed at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 31-12-107. The ordinance accepting the proposed subdivision shall not be passed on final reading prior to the date when the annexation is passed on final reading.

(6)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of law, whenever a municipality annexes an area that contains any portion of a public transportation right-of-way, a customary or regular use of which involves the movement of any agricultural vehicles and equipment, for the period during which land use within the annexed area is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall not adopt or enforce any ordinance or regulation affecting the right-of-way, whether arising in connection with zoning, rezoning, the regulation of traffic, or otherwise, so as to restrict such customary or regular use of the right-of-way that is in existence as of the time of the annexation. Nothing in this subsection (6) shall be construed as in any way restricting the municipality from adopting or enforcing traffic regulations that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-of-way.

(b)

In addition to any other applicable notice requirements provided by law, not less than thirty days prior to final adoption of an ordinance or regulation affecting the right-of-way in an annexed area that is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall send notice of the proposed ordinance or regulation to the following persons by means of the following methods:

(I)

To any person who owns property in the annexed area that is contiguous to the right-of-way, by certified mail; and

(II)

To such persons as appear on a list maintained by the municipality of interested persons who are to receive such notice by first-class mail. The name of any such person shall remain on the list until such time as the person requests removal of the person’s name from the list.

(c)

For purposes of this subsection (6), “agricultural vehicles and equipment” means any vehicle or equipment that is designed, adapted, or used for agricultural purposes.

Source: Section 31-12-115 — Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑12‑101
Short title 31‑12‑102
Legislative declaration 31‑12‑103
Definitions 31‑12‑104
Eligibility for annexation 31‑12‑105
Limitations 31‑12‑106
Annexation of enclaves, partly surrounded land, and municipally owned land 31‑12‑107
Petitions for annexation and for annexation elections 31‑12‑108
Setting hearing date - notice given 31‑12‑108.5
Annexation impact report - requirements 31‑12‑109
Hearing 31‑12‑110
Findings 31‑12‑111
Annexation without election 31‑12‑112
Election - annexation pursuant to election 31‑12‑113
Effective date of annexation - required filings 31‑12‑114
Conflicting annexation claims of two or more municipalities 31‑12‑115
Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions 31‑12‑116
Review 31‑12‑117
Effect of review and of voiding of annexation ordinance by court order 31‑12‑118
Priority of annexation proceedings 31‑12‑118.5
Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration 31‑12‑119
Disconnection of territory because of failure to serve 31‑12‑120
Court approval required for certain annexations 31‑12‑121
Provision of municipal services to outside consumers - agreement to annex 31‑12‑122
Relation of this part 1 to other laws 31‑12‑123
Applicability to city and county of Denver 31‑12‑201
Including adjacent area upon reorganization 31‑12‑301
Annexation to charter city 31‑12‑302
Petition - order of court 31‑12‑303
Annexation consented to by ordinance - indebtedness 31‑12‑304
School districts - annexation of area to another school district - applicability 31‑12‑305
Question submitted to registered electors 31‑12‑306
Notice of election 31‑12‑307
Ballots 31‑12‑308
Report - approval by court 31‑12‑309
Termination of offices 31‑12‑310
Rights become property of city enlarged - utilities not curtailed 31‑12‑311
Validity not questioned after ninety days 31‑12‑401
Consolidation of contiguous cities or towns 31‑12‑402
Election - notice - ballot 31‑12‑403
Election of officers after consolidation 31‑12‑404
Tenure of officers 31‑12‑405
Consolidation complete 31‑12‑406
First ordinances - appropriation 31‑12‑407
Licenses 31‑12‑408
Bonded and floating indebtedness 31‑12‑409
Property belongs to consolidated cities or towns 31‑12‑410
Suits - special tax 31‑12‑411
Collection of prior taxes - disposition 31‑12‑412
Annexing cities and towns 31‑12‑413
Annexation complete - rights - liabilities 31‑12‑414
School districts - annexation of area to another school district - applicability 31‑12‑501
Application - enactment - filing - definitions 31‑12‑502
Liability for taxes 31‑12‑503
Future levies - prepayment 31‑12‑601
Petition to disconnect territory 31‑12‑602
Contents of petition 31‑12‑603
Hearing - decree - proviso 31‑12‑604
Lands subject to tax for prior indebtedness 31‑12‑605
Copy of decree filed 31‑12‑701
Part 7 relates to towns only 31‑12‑702
Petition court to disconnect from town 31‑12‑703
Petition - contents 31‑12‑704
Hearing - decree - proviso 31‑12‑705
Land not exempt from prior taxes 31‑12‑706
Land subject to tax for prior indebtedness 31‑12‑707
Decree recorded - proof
Green check means up to date. Up to date

Current through Fall 2024

§ 31-12-115’s source at colorado​.gov