CO Code § 31-23-303 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 3 - Zoning|§ 31-23-303. Legislative Declaration

  Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote energy conservation; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.      The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and developmental disabilities, which homes are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. As used in this subsection (2), the phrase “residential use of property for zoning purposes” includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, “persons with intellectual and developmental disabilities” has the same meaning as set forth in section 25.5-10-202, C.R.S.      (Deleted by amendment,L. 2001, p. 104, § 2, effective March 21, 2001.) (b) (I) (Deleted by amendment,L. 2001, p. 104, § 2, effective March 21, 2001.)    The general assembly declares that the establishment of group homes for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities, and who so elect, to live in normal residential surroundings, including single-family residential units. Group homes for the aged shall be distinguished from nursing facilities, as defined in section 25.5-4-103 (14), and institutions providing life care, as defined in section 11-49-101 (6). Every municipality having adopted or that shall adopt a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b) shall not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the municipality. Nothing in this subsection (2)(b) shall be construed to exempt the group homes from compliance with any state, county, or municipal health, safety, and fire codes. On April 29, 1976, every person sixty years of age or older who resides in a skilled or intermediate health-care facility and who may be transferred or discharged therefrom to a group home for the aged shall not be so discharged or transferred unless he or she has received ninety days' advance written notice thereof or has agreed in writing to the proposed transfer or discharge.  (b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental health disorders, as that term is defined in section 27-65-102 , is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4) . A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the municipality. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (17), or any other such mental health professional designated by the director of a facility approved by the executive director of the department of human services pursuant to section 27-90-102 . Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not be eligible for placement in such group homes. The provisions of this subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes.        Nothing in this subsection (2) shall be construed to supersede the authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulations may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.       The general assembly declares that the availability and affordability of housing for residents of this state is a matter of statewide concern. It is the purpose of section 31-23-301 (5) to promote the public health, safety, and welfare by allowing residents of this state an additional opportunity to be able to live in decent, safe, and affordable housing on a permanent basis by prohibiting the exclusion of manufactured homes on single site lots from municipalities where the manufactured homes meet or exceed on an equivalent performance engineering basis the standards established by the municipal building code.     History. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1; entire section amended, p. 934, § 58, effective July 1. L. 76: (2)(a.5) added, p. 695, § 2, effective April 29. L. 79: (1) amended, p. 1164, § 14, effective January 1, 1980. L. 84: (3) added, p. 825, § 3, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1217, § 3, effective July 1. L. 90: (2)(b) amended, p. 1477, § 2, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, § 21, effective April 11. L. 92: (2)(b.5) amended, p. 2179, § 44, effective June 2. L. 94: (2)(b.5) amended, p. 2715, § 298, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 104, § 2, effective March 21. L. 2006: (2)(b)(II) amended, p. 2022, § 116, effective July 1; (2)(b.5) amended, p. 1408, § 77, effective August 7. L. 2010: (2)(b.5) amended,(SB 10-175), ch. 188, p. 806, § 82, effective April 29. L. 2013: (2)(a) amended,(HB 13-1314), ch. 323, p. 1813, § 53, effective March 1, 2014. L. 2017: (2)(b.5) amended,(SB 17-242), ch. 263, p. 1379, § 301, effective May 25; (2)(b)(II) amended,(SB 17-226), ch. 159, p. 590, § 10, effective August 9.    Editor's note:    This section is similar to former § 31-23-203 as it existed prior to 1975.    Subsection (2) was renumbered on revision in 1977 for ease of location.     Cross references:    For the care and treatment of the developmentally disabled, see article 10.5 of title 27.    For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.     ANNOTATION   Law reviews. For note, “The Effect of Land Use Legislation on the Common Law of Nuisance in Urban Areas”, see 36 Dicta 414 (1959). For article, “Recent Developments in Zoning Law in Colorado”, see 39 Dicta 211 (1962). For article, “The Antitrust Challenge to Local Government Protection of the Central Business District”, see 55 U. Colo. L. Rev. 21 (1983). For article, “Group Home Regulations Under State and Federal Law”, see 35 Colo. Law. 37 (Feb. 2006).   Annotator's note. Since § 31-23-303 is similar to former § 31-23-203 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.   Implicit in this authorization of zoning power is a broad legislative discretion of how to achieve the declared objectives, and as long as the zoning provisions are within the authorized purposes and conform to statutory guidelines, mere disagreement with zoning classifications and district regulations will not suffice as a reason to set them aside. Nopro Co. v. Town of Cherry Hills Vill., 180 Colo. 217 , 504 P.2d 344 (1972).   Parking regulations are permissible under this section. Town of Grand Lake v. Lanzi, 937 P.2d 785 (Colo. App. 1996).   Requirements of this section are met where city council weighed elements enumerated in this section in light of facts presented at public meeting. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993).   Group homes permitted in residential neighborhoods as matter of statewide concern. Group homes for developmentally disabled persons are permitted in residential neighborhoods as a matter of statewide concern. Roundup Found., Inc. v. Bd. of Adjustment, 626 P.2d 1154 (Colo. App. 1980).   The general assembly, by enacting this section and § 31-23-301 intended that group homes for the developmentally disabled be considered a residential use of property and that they be permitted in all residential zones, specifically including those zoned for single family dwellings. It is inconsistent with this intent for a city council to base its denial of a special use permit on the adverse effects of the group home on the single family characteristics of the neighborhood or on the peace and quiet of the neighborhood, in addition to the attitude of general hostility in the neighborhood towards this proposes facility. Adams County Ass'n for Retarded Citizens, Inc. v. City of Westminster, 196 Colo. 79 , 580 P.2d 1246 (1978).   Adoption of section permitting developmentally disabled persons to live in group homes reflects legislative intent to assist such persons to live in normal residential surroundings. Double D Manor v. Evergreen Meadows, 773 P.2d 1046 (Colo. 1989).   Reasonable means must be used to terminate nonconforming uses. Comprehensive zoning contemplates the existence of nonconforming uses and, to ultimately and effectively accomplish the end sought to be accomplished, it is inherent that reasonable means must be afforded to terminate nonconforming uses. Serv. Oil Co. v. Rhodus, 179 Colo. 335 , 500 P.2d 807 (1972).   Reduction of nonconforming uses to conformity is favored. LaFollette v. Bd. of Adj. of Lakewood, 741 P.2d 1262 (Colo. App. 1987).   Specific authority necessary for city agency to expand nonconforming use. A nonconforming use cannot be expanded by the issuance of a license or permit or by an order from any city agency unless the agency is given specific authority to countermand or override the terms of the zoning ordinance by the charter or within the provisions of the zoning ordinance. City of Greeley v. Ells, 186 Colo. 352 , 527 P.2d 538 (1974).   Applied in Wood Bros. Homes v. City of Colo. Springs, 42 Colo. App. 15, 592 P.2d 1336 (1978); Glennon Heights, Inc. v. Central Bank & Trust, 658 P.2d 872 (Colo. 1983).