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[F]or the purpose of promoting health, safety, morals or the general welfare of the community, including
<br />energy conservation and the promotion of solar energy utilization, the governing body of each municipality
<br />is empowered to regulate and restrict the height, number of stories and size of buildings and other
<br />structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the
<br />density of population, the height and location of trees and other vegetation, and the location and use of
<br />buildings, structures and land for trade, industry, residence or other purposes.224
<br />Municipalities have the power to enact zoning, planning, and development regulations that govern the use and
<br />improvement of property for residential, commercial and industrial purposes. A very broad set of powers regarding
<br />the zoning, planning and development of property appear in C.R.S. article 23 of Title 31. Colorado's other land use
<br />statutes include the Local Government Land Use Control Enabling Act (C.R.S. §§ 29-20-101 to 29-20-108); the
<br />Planned Unit Development Act (C.R.S. §§ 24-67-101 to 24-67-108); the Urban and Rural Enterprise Zone Act
<br />(C.R.S. §§ 39-30-101 to 39-30-108), and the Areas and Activities of State Interest Act (C.R.S. §§ 24-65.1-101 to 24-
<br />65.1-502). Given the scope of these statutes, it is highly recommended that the municipal attorney be consulted in
<br />connection with any zoning, planning, development or other land use matter.
<br />Vested property rights. Actions of the municipal governing body may have the effect of creating "vested property
<br />rights" for certain individuals to a certain use of their properties in a way that may not thereafter be disturbed —
<br />either by action of the municipal governing body or the voters through referendum — without payment of just
<br />compensation. Historically, vested property rights were created when the governing body granted a land -use
<br />approval upon which the owner of the property relied in his or her subsequent expenditure of money or initiation of
<br />construction. After that time, the landowner could not be prohibited from completing the structure and using the land
<br />for the purpose originally approved.
<br />In 1987, the General Assembly enacted a statutory "vested rights" law creating vested rights upon the approval by
<br />the local government of a "site specific development plan.f1221 This means that when the municipal governing body
<br />approves such a plan, it may not later change the basic uses that may be made of the property. The statute has
<br />limitations on its application and certain exceptions, and the statute also allows local governing bodies to determine
<br />by ordinance the point in their land -use approval process at which vested property rights will be created. Whenever
<br />site -specific plans are being crafted or changed, the municipal attorney or planning director should be consulted.
<br />Annexation. Municipalities in Colorado expand through annexation. This generally involves the submission of a
<br />petition for annexation or for an annexation election. The municipal governing body then conducts a public hearing
<br />and adopts an annexation ordinance, the effect of which is to bring the property into the city. A number of restrictions
<br />on the availability and manner of annexation are set forth in the Municipal Annexation Act of 1965.226
<br />There is a basic requirement that the property to be annexed be contiguous to a present boundary of municipality for
<br />at least one -sixth of the annexing property's perimeter. There are certain circumstances in which intervening public
<br />lands, roads, rights of way, etc., may be "skipped" or ignored for purposes of continuity, however, these are the
<br />subjects of detailed provisions in the annexation statutes.
<br />Often preceding annexations is the negotiating of a "pre -annexation" agreement between the municipality and the
<br />landowner desiring to annex. These agreements cover, among other things, what zoning is proposed for the property
<br />and what improvements will be made by the landowner and dedicated to the municipality (streets, curbs and gutters,
<br />lights, water and sewer, etc.).
<br />For more information on annexation, see CML's Annexation in Colorado.
<br />Regulating building and construction. Colorado statutes permit the municipal governing body to prescribe the
<br />manner of construction of stone, brick, and other buildings in the municipality.227 Compliance with building regulations
<br />usually is obtained through a system of inspections during and after the construction of each building. To govern
<br />building construction, most municipalities adopt the International Building Code, with or without local amendments.221
<br />224 C.R.S. § 31-23-301.
<br />225 C.R.S. §§ 24-68-101 et seq. If a municipality fails to adopt an ordinance or resolution specifying what constitutes a "site specific
<br />development plan," then vested rights are deemed granted upon the approval of any plan, plat, drawing, or sketch that is
<br />"substantially similar" to the statutory defined site specific development plan. C.R.S. § 24-68-103(1)(a).
<br />226 C.R.S. §§ 31-12-101 et seq.
<br />227 See C.R.S. § 31-15-601(1)(c).
<br />228 Copies of the current version of the code are available from the International Code Council, 500 New Jersey Ave., NW, 6th Floor,
<br />Washington, D.C. 2001, or online at www.iccsafe.org.
<br />Heather Balser / City of Louisville
<br />Order #4zzov
<br />CQr�rLNN Xb&� UNICIPAL LEAGUE 27
<br />opyright by C
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