CO Code § 31-12-115 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 12 - Annexation- Consolidation - Disconnection|Part 1 - Municipal Annexation Act of 1965|§ 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

  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.    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.    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.    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.    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.      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.    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:   To any person who owns property in the annexed area that is contiguous to the right-of-way, by certified mail; and    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.       For purposes of this subsection (6), “agricultural vehicles and equipment” means any vehicle or equipment that is designed, adapted, or used for agricultural purposes.         History. Source: L. 75: Entire title R&RE, p. 1088, § 1, effective July 1. L. 97: (1) and (5) amended, p. 996, § 5, effective May 27. L. 2004: (6) added, p. 618, § 1, effective September 1.    Editor's note:   This section is similar to former § 31-8-115 as it existed prior to 1975.   ANNOTATION   Annotator's note. Since § 31-12-115 is similar to former § 31-8-115 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing a prior provision have been included in the annotations to this section.   When a city annexes land from a county, the power to zone that land shifts to the city. Bird v. City of Colo. Springs, 176 Colo. 32 , 489 P.2d 324 (1971).   In order to accommodate lands. The city is allowed to impose zoning restrictions on annexed lands, after annexation, in order that those lands may be accommodated into the orderly growth patterns of the city. Bird v. City of Colo. Springs, 176 Colo. 32 , 489 P.2d 324 (1971).   But this statute does not allow the city to impose arbitrary or automatic uniform zoning upon lands which it annexes in the future. Bird v. City of Colo. Springs, 176 Colo. 32 , 489 P.2d 324 (1971).   Simultaneous passage of zoning and annexation ordinances. Since the statute states only that the zoning ordinance shall not be passed prior to the annexation ordinance, the statute does not preclude the two ordinances from being passed at the same time. Cline v. City of Boulder, 168 Colo. 112 , 450 P.2d 335 (1969).   A county building permit obtained prior to the involuntary annexation ordinance does not preclude the rezoning made by the city, because the majority rule in the United States is that the owner must take some steps in reliance on the permit before his rights vest thereunder and a municipality may revoke permit where zoning in enacted or changed to prohibit the use and where the permittee has not materially changed his position in reliance on the permit. Cline v. City of Boulder, 168 Colo. 112 , 450 P.2d 335 (1969).