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HB20-1133

Land Use Entitlements And Municipal Disconnection

Concerning land use entitlements affecting real property that has been disconnected from a municipality.
Session:
2020 Regular Session
Subject:
Local Government
Bill Summary

Section 1 of the bill prohibits an owner of a tract of land that is the subject of a disconnection application from having the tract disconnected from a municipality until such time as all vested property rights affecting the tract have either been terminated or have expired.

The bill makes any tract of land that has been disconnected from a municipality, whether by means of an ordinance or a court decree, subject to the applicable county's zoning resolution and map and other land development regulations within 90 days after the effective date of the disconnection. The bill specifies that 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; except that the bill prohibits any such zoning resolution, zoning plan, or other land development action from being enacted and made effective until the tract of land has been disconnected from the municipality.

During the 90-day period, 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.

The bill permits a county to 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; except that the bill prohibits the county from making a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted.

Sections 2 and 3 , which apply to the disconnection process by court decree for statutory cities and statutory towns, respectively, require any disconnected land to be made subject to the applicable county's zoning resolution and map and other land development regulations within 90 days after the effective date of the disconnection.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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