reglab/housing_qa huggingface dataset:
CO Code § 31-23-207 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-207. Purposes in View

 In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality and its environs which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood waters, and other dangers, adequate provision for light and air, distribution of population, affordable housing, the promotion of good civic design and arrangement, efficient expenditure of public funds, the promotion of energy conservation, and the adequate provision of public utilities and other public requirements.   History. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. L. 79: Entire section amended, p. 1163, § 11, effective January 1, 1980. L. 97: Entire section amended, p. 414, § 3, effective April 24.    Editor's note:   This section is similar to former § 31-23-107 as it existed prior to 1975.   ANNOTATION   Law reviews. For comment, “Regionalism or Parochialism: The Land Use Planner's Dilemma”, see 48 U. Colo. L. Rev. 575 (1977). For note, “The Permissible Scope of Compulsory Requirements for Land Development in Colorado”, see 54 U. Colo. L. Rev. 447 (1983).   Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993).   Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981).
CO Code § 31-23-208 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-208. Procedure of Commission

 The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan (said parts corresponding with major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter of the plan) and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension, or addition, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the municipality and in the official newspaper of the county affected. The adoption of the plan, any part, amendment, extension, or addition shall be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the entire membership of the commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission. An attested copy of the plan or part thereof shall be certified to each governmental body of the territory affected and, after the approval by each body, shall be filed with the county clerk and recorder of each county wherein the territory is located.   History. Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-108 as it existed prior to 1975.   ANNOTATION   Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993).
CO Code § 31-23-209 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-209. Legal Status of Official Plan

 When the commission has adopted the master plan of the municipality or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, public building or structure, or publicly or privately owned public utility shall be constructed or authorized in the municipality or in such planned section and district until the location, character, and extent thereof has been submitted for approval by the commission. In case of disapproval, the commission shall communicate its reasons to the municipality's governing body, which has the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. If the public way, ground space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the commission shall be by the governmental body having jurisdiction, and the planning commission's disapproval may be overruled by said governmental body by a vote of not less than two-thirds of its membership. The failure of the commission to act within sixty days from and after the date of official submission to it shall be deemed approval.   History. Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-109 as it existed prior to 1975.   ANNOTATION   City in advisory role. There is nothing in § 31-23-206 and this section which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357 , 547 P.2d 228 (1976).   Amendment to plan not subject to referendum powers. Being advisory only, an amendment to a municipal master plan is not legislation which is subject to the referendum powers reserved to the people. Margolis v. District Court, 638 P.2d 297 (Colo. 1981).
CO Code § 31-23-210 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-210. Publicity - Travel - Information - Entry

 The commission has power to promote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or any report and may employ such other means of publicity and education as it may determine. Members of the commission may attend city planning conferences, meetings of city planning institutes, or hearings upon pending municipal planning legislation, and the commission may pay, by resolution, the reasonable traveling expenses incident to such attendance. The commission shall recommend, from time to time, to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and with citizens in relation to protecting and carrying out the plan. The commission has the right to accept and use gifts for the exercise of its functions. All public officials shall furnish to the commission, upon request, within a reasonable length of time, such available information as the commission may require for its work. The commission and its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary marks and monuments thereon. In general, the commission has such powers as are necessary to enable it to fulfill its functions, to promote municipal planning, or to carry out the purposes of this part 2.   History. Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-110 as it existed prior to 1975.
CO Code § 31-23-211 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-211. Zoning

 Where a commission is established in accordance with the provisions of this part 2, it has and shall exercise all of the powers and rights granted to the zoning commission by part 3 of this article. When there is a zoning commission in existence at the time that a commission is created, the zoning commission shall deliver to the commission all of its records and shall thereafter cease to exercise the powers and prerogatives previously exercised by it; except that, if the existing zoning commission is nearing completion of a zoning plan, the governing body of the municipality may postpone, by resolution, the transfer of the zoning commission's powers until completion of the zoning plan; but in no event shall the period of such postponement exceed six months from the date of the creation of the commission. Nothing in this section shall invalidate or otherwise affect any zoning law or regulation or any action of the zoning commission adopted or taken prior to the creation of a commission.   History. Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-111 as it existed prior to 1975.
CO Code § 31-23-212 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-212. Jurisdiction

 The territorial jurisdiction of any commission over the subdivision of land includes all land located within the legal boundaries of the municipality and, limited only to control with reference to a major street plan and not otherwise, also includes all land lying within three miles of the boundaries of the municipality not located in any other municipality; except that in the case of any such land lying within five miles of more than one municipality, the jurisdiction of each commission shall terminate at a boundary line equidistant from the respective municipal limits of such municipalities. The jurisdiction over the subdivision of lands outside the boundary of a municipality shall apply equally to any municipality.   History. Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-112 as it existed prior to 1975.
CO Code § 31-23-213 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-213. Scope of Control

 When a commission has adopted a major street plan for the territory within its subdivision control, or any part thereof, as provided in section 31-23-208 , and has filed a certified copy of such plan in the office of the county clerk and recorder of the county in which such territory or such part is located, no plat of a subdivision of land within such territory or such part shall be filed or recorded until it has been approved by such commission and such approval entered in writing on the plat by the chairman or secretary of the commission.   History. Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-113 as it existed prior to 1975.   ANNOTATION   Law reviews. For article, “The Lawyer's Role in Developing an Area”, see 28 Rocky Mt. L. Rev. 453 (1956).
CO Code § 31-23-214.1 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-214.1. Subdivision Plan or Plat - Access to Public Highways

 No person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides, pursuant to section 43-2-147 , C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.   History. Source: L. 80: Entire section added, p. 796, § 59, effective June 5. L. 82: Entire section amended, p. 627, § 35, effective April 2.
CO Code § 31-23-215 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-215. Procedure - Legal Effect

  The commission shall approve or disapprove a plat within thirty days after said plat has been submitted to it; otherwise such plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand unless the applicant for the commission's approval waives this requirement and consents to an extension of such period. The ground of disapproval of any plat shall be stated upon the records of the commission. No plat shall be acted on by the commission without affording a hearing thereon. Notice of the time and place of such hearing shall be sent to mineral estate owners in accordance with article 65.5 of title 24, C.R.S.    Every plat approved by the commission, by virtue of such approval, shall be deemed to be an amendment or an addition to or a detail of the municipal plan and a part thereof. Approval of a plat shall not constitute or effect an acceptance by the public of any street or other open space shown upon the plat. From time to time, the commission may recommend to the governing body amendments of the zoning ordinance or map or additions thereto to conform to the commission's recommendations for the zoning regulations of the territory comprised within approved subdivisions. The commission has the power to impose use, height, area, or bulk requirements or restrictions governing buildings and premises within the subdivision if such requirements or restrictions do not authorize the violation of the then effective zoning ordinance of the municipality. Such requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof, shall have the force of law, and shall be enforceable in the same manner and with the same sanctions and penalties and subject to the same powers of amendment or repeal as though set out as a part of the zoning ordinance or map of the municipality. No action taken under this section shall be binding for any purpose until such action has been approved by the governmental body of the territory affected or any part thereof.     History. Source: L. 75: Entire title R&RE, p. 1150, § 1, effective July 1. L. 79: (1) amended, p. 1167, § 3, effective July 1. L. 2001: (1) amended, p. 490, § 5, effective July 1. L. 2007: (1) amended, p. 2122, § 8, effective August 3.    Editor's note:   This section is similar to former § 31-23-115 as it existed prior to 1975.
CO Code § 31-23-216 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-216. Penalties for Sales in Unapproved Subdivisions

 Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the commission and recorded or filed in the office of the appropriate county clerk and recorder shall pay a penalty of one hundred dollars to the municipality for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The municipality may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.   History. Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-116 as it existed prior to 1975.   Cross references:   For the requirements of monumentation of external boundaries of all subdivisions prior to recording of a plat, see § 38-51-105 .
CO Code § 31-23-216.5 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-216.5. Additional Enforcement - Fine or Imprisonment - Abatement or Removal

  In addition to any other remedies, the governing body of any municipality may provide by ordinance that it is unlawful to erect, construct, reconstruct, use, or alter any building or structure or to use any land in violation of any municipal subdivision regulation, and the governing body may enforce obedience to such ordinance by fine or imprisonment as provided in section 31-16-101.    In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used or any land is or is proposed to be used in violation of any municipal subdivision regulation, the municipality, in addition to other remedies provided by law, may institute an appropriate action to prevent, enjoin, abate, or remove the violation to prevent the occupancy of the building, structure, or land or to prevent any illegal act or use in or on such premises.     History. Source: L. 81: Entire section added, p. 1513, § 3, effective June 4.
CO Code § 31-23-217 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-217. Acceptance and Improvement of Streets

  The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or authorize water mains or sewers or connections to be laid in any street within any portion of a territory for which the commission has adopted a major street plan unless such street:   Has been accepted or opened as or otherwise has received the legal status of a public street prior to the adoption of such plan; or    Corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the planning commission or with a street on a street plat made by and adopted by the commission. However, the governing body may accept any street not shown on or not corresponding with a street on the official master plan or on any approved subdivision plat or an approved street plat if the ordinance or other measure accepting such street is first submitted to the commission for its approval and, if approved by the commission, is enacted or passed by not less than a majority of the entire membership of the governing body or, if disapproved by the commission, is enacted or passed by not less than two-thirds of the entire membership of the governing body.       A street approved by the commission upon submission by the governing body or a street accepted by a two-thirds vote after disapproval by the commission shall have the status of an approved street as though it had been originally shown on the official master plan or on a subdivision plat approved by the commission or had been originally platted by the commission.     History. Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-117 as it existed prior to 1975.
CO Code § 31-23-218 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-218. Erection of Buildings

  After the time when a commission has adopted a major street plan of the territory within the municipal limits of said municipality, no building shall be erected on any lot within such territory or part nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed:   Has been accepted or opened as or otherwise has received the legal status of a public street prior to that time; or    Corresponds with a street shown on the official master plan, with a street or subdivision plat approved by the planning commission, with a street on a street plat made by and adopted by the commission, or with a street accepted by the governing body in accordance with the provisions of section 31-23-217. Any building erected in violation of this section is an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated or have it removed.        History. Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-118 as it existed prior to 1975.
CO Code § 31-23-219 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-219. Status of Existing Statutes

 After the time when a municipal planning commission has control over subdivisions as provided in section 31-23-213 , the jurisdiction of the planning commission over plats shall be exclusive within the territory under its jurisdiction, and all statutory control over plats or subdivisions of land granted by other statutes, insofar as in harmony with the provisions of this part 2, shall be deemed transferred to the planning commission of such municipality.   History. Source: L. 75: Entire title R&RE, p. 1152, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-119 as it existed prior to 1975.
CO Code § 31-23-221 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 23 - Planning and Zoning|Part 2 - Planning Commission|§ 31-23-221. Compensation for Reservations

  In the resolution of adoption of a plat, the governing body shall appoint a board of three appraisers and shall fix the time and place of meetings for hearings by said board upon the amounts of compensation to be paid for such reservations. Thereupon the clerk shall publish in at least two newspapers of general circulation in the municipality once a week for four consecutive weeks a notice which shall contain a general description of the land thus reserved as shown on the plat, the provisions of the resolution of the governing body, including the period of time for which such reservations are made, the time within which claims for compensation may be filed, which shall be not less than three nor more than six months from the date of notice, and the time and place of hearings by the board of appraisers. The first hearing shall not be set earlier than thirty days after the date of the first of such publications. Such notice shall also be posted in at least three public places in the neighborhood of or along the line of the location of the reservation.    The board of appraisers shall fix the amounts of compensation to be paid, respectively, to the owners of lands reserved for the period of time as shown on the plat and in the resolution adopted by the governing body. When the clerk receives, within the period fixed for the same, any claim for such compensation, he shall transmit it to the board of appraisers. At the time and place fixed for such hearings, the board of appraisers shall hear and consider all claims presented to it in writing or in person, including all evidence which may be presented by the claimants or other persons. The board of appraisers has the right on its own initiative to investigate and ascertain data or evidence relevant to the question of such compensation. In case of the abandonment of a reservation prior to the time fixed for payment of compensation, the municipality shall be liable to the owner of the land included within the abandoned reservation for the expenses, if any, incurred by such owner by reason of such reservation.     History. Source: L. 75: Entire title R&RE, p. 1152, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-23-121 as it existed prior to 1975.