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Home My WebLink About751001.tiff 4 TABLE OF CONTENTS Page I. INTRODUCTION II. PLANNING COMMISSION A. Creation of Planning Commission 1 B. Functions 2 C. Planning Commission Staff 3 D. Budget 12 E. Legal Staff 12 III. BOARD OF ADJUSTMENT A. Creation of Board of Adjustment 12 B. Functions 13 C. Summary 14 APPENDIX A - Membership of Planning Commission and Board of Adjustment . . . 15 APPENDIX B - Planning Commission By-Laws 17 APPENDIX C - Planning Commission Budget - 1974 and 1975 Fiscal Years 20 APPENDIX D - Board of Adjustment By-Laws 24 APPENDIX E - Compilation of Colorado Land Use Statutes 29 (Only included in six original copies) Maps in back pockets of six original copies define those areas for which each Planning Commission and Board of Adjustment member has responsibility in the review of applications. C 75—/00 ORGANIZATION AND FUNCTIONS OF THE WELD COUNTY PLANNING COMMISSION AND BOARD OF ADJUSTMENT C I. INTRODUCTION The following information was compiled upon the request of Mr. Weigand of the Weld County Home Rule Charter Commission. The intent of the in- formation is to provide a general background with reference to the organi- zation and functions of the Weld County Planning Commission, the Weld County Board of Adjustment and the staffs which render support and advisory service to these bodies, as well as the Board of County Commission- ers. The following narrative is supplemented by the attached appendices, which contain statutes and other applicable materials relevant to the function and organization of land use planning programs in Weld County, Colorado. Numbers which appear in parenthesis in the narrative refer to applicable State Statutes. II. PLANNING COMMISSION A. Creation of Planning Commission Under Colorado Revised Statutes 106-2-2, the Board of County Commission- ers of any county within the state is authorized and empowered to ap- point a planning commission of five members. The Statute specifies Cthat the term of the appointed members of the commission shall be five V years and until their respective successors have been appointed, that the terms of office shall be staggered by making the initial appoint- ments for one, two, three, four and five years respectively. The first Weld County Planning Commission was appointed in July, 1959. At this time, the appointments to the commission are made for terms of four years (since four year appointments seem to conflict with existing Statutes, it would seem advisable to seek the advice of the County Attorney in reference to this conflict) . In addition to the five appointed members, the Statute specifies that the Board of County Commissioners shall appoint one of the members of the Board as ex- officio non-voting member of such commission. Finally, the Board of County Commissioners have appointed four associate members to the Planning Commission, who can take the place of a regular member in the event such regular member is temporarily unable to act owing to absence from the county, illness, interest in any matter before the commission or any other cause. (106-2-2) Appendix A contains a list of individuals now serving as regular and associate members of the Weld County Planning Commission. These members are paid a mileage allowance for travel expenses incurred while ful- filling their Planning Commission responsibilities. They also receive meals for Planning Commission luncheon meetings which are held on regu- lar meeting days. The Planning Commission meets on the first and third Tuesdays of each month. Cr• B. Functions Under Colorado Statutes, the following planning commission functions and responsibilities are delineated: 1 . The County Planning Commission shall elect a chairman from its members and may create and fill such other commission offices as it may determine. 2. The Commission shall adopt such rules and regulations governing its procedure as it may consider necessary (by-laws attached as Appendix B ) . 3. The Commission shall keep a record of its proceedings which record shall be open to inspection by the public. 4. The commission shall have the power and authority to employ experts and a staff, and to pay such expenses as may be deemed necessary for carrying out the powers conferred and the duties prescribed, but not in excess of such sums as may be appropriated by the board of county commissioners of the county or be placed at the disposal of the commission through gift or otherwise. The county planning commission is directed to make use of the expert advice and infor- mation which may be furnished by appropriate federal , state, county and municipal officials, departments and agencies, and in particular by the director of planning of the State of Colorado. (106-2-3) 5. The county planning commission is specifically empowered to receive ® and expend all grants, gifts and bequests, specifically including state and federal funds and other funds available for the purposes for which the commission exists, and to contract with the State of Colorado, the United States and all other legal entities with re- spect thereto. The county planning commission may provide, within the limitation of its budget, matching funds wherever grants, gifts, bequests and contractual assistance are available on such basis. (106-2-3) • 6. It shall be the function and duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county. (106-2-5) 7. In the preparation of a county or regional master plan, a county or regional planning commission shall make careful and compre- hensive surveys and studies of the existing conditions and probable future growth of the territory within its jurisdiction. The county or regional master plan shall be made with the general purpose of guiding and accomplishing a co-ordinated, adjusted and harmonious development of the county or region which, in accordance with present and future needs and resources, will best promote the health, safety, morals, order, convenience, prosperity, or the general welfare of the inhabitants, as well as efficiency and economy in the process of development, including such distribution of population and of the uses of land for urbanization, trade, industry, habitation, recreation, agriculture, forestry and other -2- purposes, as will tend to create conditions favorable to health, safety, transportation, prosperity, civic activities, and �+ recreational , educational and cultural opportunities; will tend �✓` to reduce the wastes of physical , financial , or human resources which result from either excessive congestion or excessive scattering of population; and will tend toward an efficient and economic utilization, conservation and production of the supply of food and water, and of drainage, sanitary and other facilities and resources. (106-2-6) 8. The county planning commission shall certify a copy of its master plan or any adopted part or amendment thereof or addition thereto, to the board of county commissioners of the county, (106-2-8) 9. The county planning commission of any county may, and upon order by the board of county commissioners in any county having a county planning commission shall make a zoning plan or plans for zoning all or any part of the unincorporated territory within such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulation of districts or zones. (106-2-10) 10. The county planning commission shall certify a copy of the plans for zoning all or any part of the unincorporated territory within the county, or any adopted part or amendment thereof, or addition thereto, to the board of county commissioners of the county. (106-2-11 ) © 11 . Every county in the state shich does not have a county planning commission on July 1 , 1971 , shall create a county planning commission in accordance with the provisions of Section 106-2-2. Every county planning commission in the state shall develop, pro- pose and recommend subdivision regulations, and the board of county commissioners shall adopt and enforce subdivision regu- lations for all land within the unincorporated areas of the county in accordance with this Section not later than September 1 , 1972. (106-2-34) In general the County Planning Commission acts as a citizens advisory group to the Board of County Commissioners on matters relating to land use and planning in Weld County. The above list delineates the primary organization, functions and responsibilities of the Planning Commission as defined under State Statute. Though the Planning Commission, in carrying out these functions is affected by additional State and Federal laws, these have not been dealt with in this section. The latter relate more directly to specific programs and activities, in which the Planning Commission may be involved, in carrying out its basic responsibilities. Many of the State Statutes in this category are included in Appendix E to this report. This Appendix may serve as a source of more detailed information if such is required. C. Planning Commission Staff CUnder Statute, the planning commission may employ staff to carry V out its responsibilities. This section will be directed at explaining -3- the functions and responsibilities of that staff as it operates on a day-to-day basis. The primary responsibility of the Weld County Planning Commission staff is to serve as a professional advisory staff to the Weld County Planning Commission and Board of County Commissioners, on matters re- lating to land use planning and control in the Weld County area. In meeting this responsibility, the staff is involved in long-range planning efforts, as well as the more immediate tasks related to the administration of zoning and subdivision ordinances. In addition, the staff is involved in planning efforts at the regional and town levels, through its association with the Larimer-Weld Regional Council of Governments. At the regional level , the staff aids in the development of comprehensive land use plans, and serves as an advisory staff in reviewing applications of various jurisdictions and agencies for federal funding. At the town or municipal level , the staff pro- vides technical assistance through "701" Planning Grants in helping these jurisdictions develop comprehensive plans, zoning and subdi- vision ordinances, annexation procedures, planned unit development ordinances and other land use related documents. In addition, the staff aids in reviewing applications received by these jurisdictions under the ordinances which they have adopted. The following will review the organization of the Weld County Planning Commission staff which has been developed to meet these varied responsibilities. The report will also review the functions which the staff must perform on a continuing basis, as well as the more specialized projects it will perform during the 1975 fiscal year. It is hoped that such a report will serve as a basis for an under- standing of the operations of the Planning Commission staff. The structural organization of the Planning Commission staff may • best be understood when viewed as a composite of six closely inte- grated functional elements. These include the following, which are graphically illustrated in the block chart on page 5 : 1 . Director of Planning 2. Planning 3. Zoning and Subdivision Administration 4. Drafting 5. Support Staff The Director of Planning serves as the administrative head of the Planning Department. As such, the Director performs specialized technical and supervisory work in planning under the direction of the Weld County Planning Commission and/or Board of County Commissioners. In this capacity, he directly supervises the development of long range plans, programs and regulations related to land use. This includes supervision of related surveys, research and analysis and design, as well as, supervision of drafting and reproduction of plans, designs, maps and other graphic materials used to illustrate the comprehensive planning process. He also directs a continuing review of the factors which comprise the comprehensive planning process and proposes changes and additions as needed. Finally, he reviews and analyzes projects of V subordinates, prepares reports, coordinates activities with other -4- dVIS Noisiniaans laOddflS �NllAtllid '2 ONINOZ `JNINN`dld IIIF liO1O3li I a V V Q agencies, meets with civic groups and individuals to explain policies and procedures, and performs related work as required. The planning section of the Department is under the immediate supervision -of the Director. This section has the primary responsi- bility for the research, analyses and design involved in the compre- hensive planning process. The sections' functions include: 1 . Research and analysis related to the development and revision of long-range land-use plans at regional , county and local levels. 2. Research and analysis related to the development and revision of zoning and subdivision ordinances, planned unit development ordinances and annexation procedures at county and local levels. 3. Technical assistance to municipalities in the county in developing plans and regulations and in reviewing appli- cations received by such municipalities on land use re- lated matters. 4. Review of land use applications and permits received by the county planning department on a daily basis. 5. Review and analysis of applications received by the Larimer-Weld Regional Council of Governments for review under Office of Management and Budget Circular A-95. The latter procedure was established under the Intergovern- mental Cooperation Act of 1968. 6. Coordination with various agencies which may be involved in various projects or applications. 7. Coordination and communication with civic groups with reference to the Comprehensive Planning Process. The planning section will be involved in a variety of specific projects during FY 1975. At the present time, there are three staff members in the section. (It is anticipated that one additional staff member will be hired by February 1 , 1975. ) These staff members are now involved in a variety of projects which include: 1 . Housing Study - Funded through the Larimer-Weld Regional Council of Governments through "701 " grants. 2. Development of a Weld County Resource Extraction Plan - This plan is required by State Statute (H.B. 1529) to be completed by July 1 , 1975. 3. Analysis and revision of the Weld County Zoning Resolution. 4. Analysis and revision of the Weld County Subdivision Regu- �^" lotions. �r -6- 5. Technical aid to the Town of Ault in reviewing applications for annexation, rezoning and subdivision. 6. Technical aid to the Town of Evans in reviewing applications for annexation, rezoning and subdivision. 7. Technical aid to the Town of Evans in reviewing its subdivision regulations. 8. Technical aid to the Town of Pierce in reviewing its zoning and subdivision ordinances. 9. Technical aid to the Town of Pierce in developing its comprehensive plan. Immediate efforts will include basic data collection. 10. Technical aid to the Town of LaSalle in developing its comprehensive plan. Immediate efforts will include basic data collection. 11 . Administration of H.B. 1041 which was passed by the State legislature in 1973. One member of the staff has been appointed by the Board of County Commissioners as H.B. 1041 Administrator. This individual has direct responsi- bility to the Board of County Commissioners. 12. Staff support to the Regional Goals and Objectives Task Force which is developing goals and objectives for the Larimer-Weld Regional Comprehensive Plan under the Larimer-Weld Regional Council of Governments. 13. In addition to these more specific projects, the planning section is involved in the following day-to-day activities: a. Review of applications for Federal Grants under OMB Circular A-95. b. Review and recommendations on applications submitted to the Planning Department for various land use permits. In general , the planning section is engaged in work based on three functions: The development of long range land use plans; the develop- ment of ordinances and regulations which become the tools for imple- mentation of long range plans; and the review of applications submitted in reference to these ordinances and regulations, as well as, appli- cations received as a result of various state and Federal funding pro- cedures. In reference specifically to County ordinances and regulations, it is the zoning section of the planning department which has the pri- mary administrative responsibility. This responsibility is carried out under the immediate supervision of the Director. The zoning section of the Department is composed of three staff members. These include a zoning administrator and two zoning inspectors. The primary functions of these staff members include: C -7, 1 . The receipt, processing and review of all applications received under the requirements of the Weld County Zoning Ordinance and the Weld County Subdivision Regu- lations. 2. The preparation of case evidence for hearings before the Weld County Planning Commission and Board of County Commissioners when and as such hearings are required by the zoning and subdivision ordinances. 3. The processing of documents from other agencies requiring consideration under the county subdivision and zoning ordinances. 4. The maintenance of records and preparation of reports with reference to zoning and subdivision applications. 5. Liaison between the planning commission and a variety of agencies concerning permit applications. With reference to specific applications, these agencies may include, but are not limited to: a. Appropriate school districts b. Other counties or municipalities c. Any utility, local improvement and service district or ditch company d. Colorado State Forest Service e. Other county and municipal planning commissions f. Local soil conservation district boards �r g. U. S. Soil Conservation Service h. County, district, regional or State Board of Health i . Colorado State Engineers Office j . Colorado Geological Survey k. Colorado Land Use Commission 1 . Colorado Division of Mines m. Weld County Utility Board n. Weld County Engineer Office o. All other agencies or individuals who may have an interest and/or expertise related to a particular application 6. To confer with principals, architects, engineers, attorneys and other applicable individuals on design problems and use classifications related to specific applications or general inquiries. 7. To advise and assist in the continual review of ordi- nances and in the preparation of needed amendments. 8. To investigate complaints and/or violations related to the subdivision and zoning ordinances. 9. To prepare case evidence and recommendations with reference to zoning and subdivision ordinance violation; and to present such case evidence to the Planning Commission and/or Board of County Commissioners. -8- 10. To perform research of legal descriptions with reference to property ownership and land transfers. 11 . To render staff assistance to the Weld County Board of Adjustment. (The functions, organization and re- sponsibilities of the Board of Adjustment are discussed below under Section III. ) 12. In all of these functions, to aid and assist the general public to gain a clearer understanding of the meaning, intent and application of Weld County ordinances and the Weld County Comprehensive Plan. Each of the functions listed above are carried out on a day-to- day basis by the Zoning section of the Planning Department. At the present time, a complete review of the Weld County Zoning Ordinance is being undertaken. Each staff member is expected to review the Ordinance and have input with regard to amendments which may be needed to increase the effectiveness of the Ordinance, or to eliminate problems which have emerged with reference to the administration of the same. The fourth functional element of the Planning Department is the Drafting section. This section is composed of two staff members who also work under the immediate supervision of the Director of Planning. The Drafting section carries out five basic tasks: 1 . Drafting of maps and all other graphics associated with planning activities. This includes maps for planning reports, zoning maps, subdivision maps, town maps, county maps, property maps and a variety of maps utilized to display various forms of data. It also includes charts and any other graphic device which may be utilized in explanation of the planning process. 2. Maintenance of updatable copies of all official and other basic data maps used in the Planning Department. 3. Research of deeds and legal descriptions with reference to ownership and land transfers. 4. Provision of all available data, in the form of maps and similar items, to the general public upon request. 5. Preparation of maps which reference particular applications for presentation at public hearings before the Planning Commission and Board of County Commissioners. The day-to-day work of the Drafting section and special projects now under way by that section include: 1 . Day-to-day drafting and research related to applications (and resulting files) received by the Planning Commission and Board of Adjustment. This includes: -9- a. Preparation of three (3) 1 :600 scale air photos with zoning overlay; three (3) 1 :24,000 scale air photos with U.S.G.S. data overlays; and three (3) 2"=1 mile scale vicinity maps for each application for special use permits, conditional use permits, rezoning or subdivision received by the Planning Department. In the case of variance cases received by the Board of Adjustment, only two (2) of each of the maps described above are prepared. b. Research of Assessor' s files and land maps to es- tablish a list of surrounding property owners within 500 feet of the area of any special use permit ap- plication, conditional use permit application, re- zoning application or variance application. This list is used to insure notification of the surround- ing owners of public hearings on such applications. c. Determination and verification of current ownership on each parcel of land involved in such applications. d. Drafting of special use permit, conditional use per- mit, rezoning, or variance areas and surrounding property owners on the air photos described in l .a. above. e. This procedure is followed for each of the appli- C cations for S.U.P. , C.U.P. , rezoning and variance received by the Planning Department. 2. Drafting of Composite Utility Maps for Weld County - This project involves development of utility maps on a scale of 1 :24,000 showing the general location of utility lines and the companies providing such service. 1 :100 scale maps are available showing utilities in the incorporated areas of Weld County with the exception of Greeley. 3. Drafting of County Zoning Mylars - Zoning mylars are used to overlay 1 :600 scale air photos and show the location of all cases processed by the County Planning Commission and Board of Adjustment. These mylars provide records which are vital to effective administration of county land use ordinances. These records (mylars) are continually updated as new applications are processed and approved by the Board of County Commissioners. 4. Drafting of Soils Maps - Soils information is being plotted on 1 :24,000 scale maps which will provide base data for land use analysis. Soils data is one of the basic tools used in such analysis. 5. Drafting of County Zoning Map - This map will be repro- ducible when completed, and provide updated information with reference to existing zoning districts in Weld County. This map will be continuously updated as zone changes are approved by the Board of County Commissioners. -10- 6. Drafting of Current Maps of Subdivisions and Annexations - All reproducible maps which show subdi- visions and town annexations are updated as recorded plats become available. 7. Drafting of sand and gravel resource maps which will become a part of the Weld County Mineral Extraction Plan which is to be completed in July, 1975. In general , the Drafting section provides technical support to all other sections of the Planning Department. The fifth and final functional element of the Planning Department is that defined as Support Staff. This includes secretaries, in- terns and seasonal help which may be required to complete specific projects. The Planning Department employs two secretarial staff members. The functions of these individuals include the following: 1 . Record Keeping - Maintenance of updated files of all applications received by the Planning Commission and Board of Adjustment. This includes cross-indexing of all case files by name of applicant, legal description and type of permit issued. This also includes history cards on all applications received and processed. 2. Take dictation and transcribe all correspondence and reports. I►^ 3. Screening of all office visitors and phone calls. Where �✓ required, the secretarial staff sets appointments for other staff members, directs visitors to the appropriate staff member, or provides appropriate information as necessary. 4. Preparation of a variety of administrative reports by locating, assembling and summarizing appropriate infor- mation and data. 5. Maintenance of payroll and personnel records. 6. Maintenance of a current record of expenditures. 7. Serve as secretary to the Planning Commission and Board of Adjustment. This includes keeping updated records of all public hearings and providing minutes of all commis- sion and Board meetings. In general , the secretarial staff performs complete secretarial duties for the Director and other staff members. Intern Students form another part of the Department Support Staff. These individuals, who are students at area universities are employed for work on specified projects. The employment of such individuals not only provides the student with an educational experience, but also makes it possible for the Department to draw upon the vast re- sources of the areas' universities in carrying out its research functions. -11- As indicated, seasonal employees are also utilized on various projects. At the current time, four seasonal employees are being utilized to transcribe data from the Assessor's records which is necessary for completion of the Weld County Housing Study. D. Budget The Planning Commission operates on such monies as may be ap- propriated by the Board of County Commissioners through the General Fund. Most revenues received through the Planning Commission annually are from Federal Grants, and from application and permit fees. Grant funds received from other agencies are receipted as Planning Commission Revenues, and are expended as specified under such grants. Accounting procedures are in most cases established by the agency granting the funds. The 1041 Program, mentioned under Section C, is an exception to the general procedure. The Colorado Department of Local Affairs, which disperses funds under this program, has required that all funds received must be placed in a separate account. Strict accounting procedures are required in the expenditure of these funds. Appendix D includes the Planning Commission budgets for the 1974 and 1975 Fiscal Years. These budgets include monies appropriated for Board of Adjustment activities. In addition, the 1974 Budget includes monies appropriated for the Building Inspection Department during the 1974 Fiscal Year. As of January 1 , 1975, Building In- Cspection was placed under a separate budget, and a Director of �✓ Building Inspection employed to direct the activities of that Depart- ment. The 1975 Planning Commission Budget does not, therefore, in- clude building inspection activities. Monies appropriated for Planning Commission activities are expended for those activities described in Section II .C. If required, more detailed budget figures may be obtained upon request from the Weld County Finance Officer. E. Legal Staff In the course of carrying out its functions and responsibilities, the Planning Commission and its staff have extensive needs for legal counsel . The Planning Commission does not employ legal staff. Rather, such legal advice and counsel is provided by the County Attorney's Office. Funding for such legal counsel is not included in the Planning Commission budget, but is paid for through the General Fund. Figures for the expenses for this service may be obtained from the Weld County Finance Officer. Legal counsel is provided to the Planning Commission on a day-to- day basis by the County Attorney's Office. In addition, one member of the County Attorney's staff is assigned to provide legal advice at each meeting of the Planning Commission and Board of Adjustment. III . BOARD OF ADJUSTMENT A. Creation of Board of Adjustment -12- Colorado Statute (106-2-16) specifies that the Board of County Commissioners of any county which enacts zoning regulations shall provide for a board of adjustment of three to five members and for the manner of appointment of such members. In Weld County, Board of Adjustment members are appointed by the Board of County Commissioners for terms of three (3) years. The Board is composed of five (5) regular members and three (3) associate members. Associate members are designated to take the place of regular members at those times when the regular member is unable to act owing to absence from the county, illness, interest in a case before the Board or any other cause. Any member of the board of adjustment may be removed for cause by the Board of County Commissioners upon written charges and after a public hearing. The current membership of the Board of Adjustment is listed in Appendix A to this report. Compensation to members of the Board includes mileage allowances for Board of Adjustment business, as well as, specified amounts for attendance at conventions which further the Board member's knowledge of Board of Adjustment activities. B. Functions Colorado Statute (106-2-16) further specifies that the Board of County Commissioners shall provide and specify in its zoning or other resolutions general rules to govern the organization, procedure and jurisdiction of the Board of Adjustment. These rules must be consistent with the provisions of statute. In addition, the Board of Adjustment may adopt supplemental rules of procedure not incon- sistent with statute or such general rules as may be adopted by the Board of County Commissioners. Such general rules, outlined by the Board of Adjustment are contained in the Weld County Zoning Resolution. The by-laws of the Board of Adjustment are included as Appendix D to this report. Meetings of the Weld County Board of Adjustment are held on a bi-monthly basis. The chairman, or in his absence the acting chair- man, may administer oaths and compel the attendance of witnesses by application to the district court. The court upon proper showing, may issue subpoenas and enforce obedience by contempt proceedings. (106-2-16) All meetings of the Board of Adjustment are open to the public. Appeals to the Board of Adjustment may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon the pro- visions of the zoning resolution. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision or an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning resolution. The time within which such appeal must be made, and the form or other procedure relating thereto, is as specified in the general rules provided by the board of county commissioners to govern the procedure of the board of adjustment and in the supplemental rules of procedure adopted by the Board. -13- 1 APPENDIX A MEMBERSHIP OF PLANNING COMMISSION AND BOARD OF ADJUSTMENT V Upon appeals, the board of adjustment has the following powers: 1 . To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning resolution. 2. To hear and decide, in accordance with the provisions of the Resolution, requests for special exceptions or for inter- pretation of the map or for decisions upon other special questions upon which such board is authorized by any such resolution to pass. 3. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the en- actment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this article would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. v 4. The concurring vote of four (4) members of the board is necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the appellant. (106-2-17) C. Summary Staff required for Board of Adjustment activities is provided by the Planning Commission. Expenses for this staff are included in the Planning Department budget. One zoning inspector and one member of the Planning Commission's secretarial staff are assigned to process Board of Adjustment applications and maintain necessary records. It is estimated that 80% of each of these Planning Commission staff member's time is spent on Board of Adjustment related activities. In addition, the Drafting Section of the Planning Commission staff prepares necessary maps and accomplishes necessary research on Board of Adjustment applications. Legal staff is again provided by the County Attorney's Office. Application procedures are similar to those utilized for Planning Commission cases and are covered in Section II.C. above. C -14- Planning Commission frr Regular Members Expires Appointed J. Ben Nix 7/22/75 7/19/67 Rt. 2, Box 161 Eaton, Colorado 80615 (454-2117) Harry S. Ashley 7/31/78 1/15/75 Windsor First National Bank Windsor, Colorado 80550 (686-7444) Ronald Heitman 7/22/77 6/30/65 Rt. 2, Box 163 Ft. Lupton, Colorado 80621 (659-2218) Marge Yost 7/31/78 11/27/74 1221 - 8th Avenue Greeley, Colorado 80631 (352-1212) John Weigand 7/31/78 1/20/71 105 Jackie Ann Avenue Ault, Colorado 80610 (834-2806) Alternates Bill Elliott 12/31/75 10/18/72 Rt. 3, Box 315 Greeley, Colorado 80631 (353-1888) Dean Severin 12/31/77 12/30/73 Rt. 2, Box 51 Eaton, Colorado 80615 (454-2226) Jim Graham 12/31/78 1/8/75 1903 - 24th Avenue Greeley, Colorado 80631 (353-6719) Charles "Chuck" Carlson 12/31/78 1/8/75 Lucerne, Colorado 80646 (353-9626) G -15- Board of Adjustment Regular Members Appointed Expires Harry Claus, Chairman 1/24/73 12/31/75 317 Main Street Windsor, Colorado 80550 (686-2429) Robert Seyfried, Vice-chairman 12/31/77 Quarter Circle Ranch Roggen, Colorado 80652 (1-849-5333) Ted Funk 1/16/74 12/31/76 2628 16th Av. Greeley, Colorado 80631 (352-3437) Sam Rank 1/16/74 12/31/76 1906 14th Street (Box 577) Greeley, Colorado 80631 (353-3118) Jerry Cogburn 1/8/75 12/31/77 419 5th Street Eaton, Colorado 80615 Associate Members Mrs. Pat Thomas 1/16/74 12/31/76 108 S. Greeley Street Johnstown, Colorado 80534 (587-2423) Ray Sarchet 1/16/74 12/31/76 Rt. 1 , Box 433 Ft. Lupton, Colorado 80621 Frank Stewart 1/8/75 12/31/77 P. 0. Box 365 ��+++► Platteville, Colorado 80651 -16- 2/14/75 (jsm) C APPENDIX B PLANNING COMMISSION BY-LAWS C BY-LAWS c OF THE WELD COUNTY PLANNING COMMISSION * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ARTICLE I OFFICERS 1 . The Planning Commission shall organize and elect a chairman from among the appointed members, vice-chairman and secretary, annually at the regular meeting in the month of August. The Chairman shall be eligible for re-election. 2. The Chairman shall preside at all meetings and public hearings of the Planning Commission; he shall decide all points of order of procedure; and shall certify plans and transmit reports and recommendations of the Planning Commission. 3. The Vice-Chairman shall assume the duties of the Chairman in his absence. 4. The Secretary shall keep the minutes of the Planning Commission; shall send out mail notice of regular meetings of the Planning Commission at least three (3) days in advance to the meetings; shall give twenty-four (24) hours phone notice of special meetings and carry on routine correspondence, and maintain the files of the Commission. ARTICLE II MEETINGS 1 . The regular meetings of the Weld County Planning Commission shall be held on the first and third Tuesday of each month at 2:30 P.M. , at a -17- location as may be designated from time to time by the Board of County Commissioners, Weld County, Colorado. 2. Special meetings may be called by the Chairman, provided that at least twenty-four (24) hours notice is given each member. 3. A quorum shall consist of three-fifths (3/5) of the membership. 4. All plans, reports and recommendations of the Planning Commission must be approved by at least three (3) or majority of the members of the Commission. 5. No change shall be made to the By-Laws of the Planning Commission without the affirmative vote of four (4) members of the Commission. 6. The order of business at all regular meetings shall be as follows: (a) Roll call (b) Reading of minutes of previous meeting (c) Unfinished business (d) New business 7. All meetings and records of the Planning Commission are open to the public. ARTICLE III COMMITTEES 1 . The Planning Commission may establish such committees as it deems advisable and assign each committee specific duties or functions. 2. The Chairman shall designate the members of each committee and shall name the chairman of each committee. The chairman shall fill vacancies on committees as they are created. 3. No member of the Planning Commission shall be required to serve on more than two committees. C -18- ARTICLE IV RECORDS 1 . The Secretary shall maintain a file of all studies, plans, reports and recommendations made by the Planning Commission in the discharge of its duties and responsibilities. 2. All records of the Planning Commission shall be a public record. The above and foregoing By-Laws were, on motion duly made and seconded adopted this day of , 1974. Chairman, Weld County Planning Commission C C -19- C APPENDIX C C PLANNING COMMISSION BUDGET - 1974 and 1975 FISCAL YEARS WELD CCIlTY COLORADO O 1 9 7 4 BUDGET FUND: GENERAL DEPARTMENT: PLANNING ACTIVITY: PLANNING AND ZONING ACCOUNT NUMBER/ 01706 )\ 7 EXPENDITURES I - - 1974 1972 1973 FIRST 1973 1973 CODE EXPENDITURE CLASSIFICATION BUDGET NCR EASE' BUDGET APP ROVED ACTUAL SIX MONTHS d BUDGET ESTIMATED NO. REQUEST I DECREASE) BY COMMISSIONERS I 86 .435 00 I 40948.611 -72_350-10 77 ,746 00.101 Salaries and Wages - Gross_I t31 ,648___II_._59>28_8_ 128,550 4005 '!0 1 ,147. 10_3475_0_.00 3,750_00_1.02 Pa roll Taxes _7 gZA___- _34560 7_,300 Payroll Insurance F,301 n0 2-,423.05.6wL45__11.0_ _6,145.Q0 d 11 ,27_4__ J- 5,129 11 11901 4 y36 00 -0- 1 21 .000.P of?s sin nal Services_ 16„0_001 5,000 622_0 15. 0 aieillg dnd ans ri 33IL Il Travel and Transportation 288 00 40 _Il Q0_ _�"lilaagv) 1 ,860— L010 l-50n 3,008 on 2.2D QQ.Dn 4,400 00 12 Su 3 200 00 6_5 00 , 1 .24. 660 n0 , 650_ 740 I RO ' 0 Advertising and 432.00 120 4-00 0O 350 o 17 Legal Nntirps 500 -0- 500 Dues , Subscriptions , 315 00 42,5 O0 335_0D 3355 00 21 and t-inetinjs 372 43 335 21 n0 1 50 1 0 00 25 Roorc And Par?hlets ln0 -0- 100 .1,624 on I 620 9R 1 ,4/10.0 440 no h28 Food Cost 1 .440 -0 _________LA 40 I 102 00 50 130 00 • 20 00 32 Phntngraphio Supplies 130 -0- 130___H Continued Continued Continued Continued TOTALSContinued Continued Continued -20- • -_.®; _ - ._ .. t) WELD COTY COLORADO 1 9 7 4 BUDGET FUND: GENERAL DEPARTMENT: PLANNING ACTIVITY: PLANNING AND ZONING ACCOUNT NUMBER: 01706 EXPENDITURES 1972 1973 1973 1973 EXPENDITURE CLASSIFICATION 11 BUDC WI�]] rIRST CODE+ INCREASE/ �RUOCET APPROVED ACTUAL SIX MONTHS RUOCET ESTIMATEO NO. REQUEST I (DECREASE) ST COMMISSIONERS lepirs 1 ,73600 _852-.-11 5,500 00 � cOO.0 f 6 Equi and Maintenance pment �6, 100- 600 --6,100 70- 392.03 -0- 800.0:114 00,00 , -Equipment - Rent or Lease 1,800 _ 1 ,800 1 ,800 I � 110,997.00 50,136.50 116,300.00 127,636.00 173,720 57,420 169 ,415 TOTALS -21- 0 e 0 • AEL C C L ' T Y, C C C 2 R 4 C 0 61CCET ANALYSIS REPORT 1975 BLCCET 1974 ,Ev=%t E/ExFECITLRE 1F-R'".ATICN 1975 5L'CCtT1NG INFCRNATI[tl ACC LT . "C!1 ACTU'L AC'LAL .T t. LL YEAR VARIANCE DEPT VAR IA'CE AG•-1N APPRCE0 N1."SER 'ESCRIPTI3I 197? JLNE 33 ESTIPATEC 2LCGFT EST/BLDG REQUEST SGDG/RE0 RECUMME':D BLOCET 01 GENER„L F. £16 PL ' ; •G C Z7:I'•G 1C1 SALACiF5 C „AGESGROSS 81,301 62,073 13C,983 128,550 2,433* 132,900 4,353* 131,652 102 PAYROLL 14/ 5 4, 508 1,692 7,416 1,300 116* 7,772 472* 7,230 103 PAYROLL INS C PETIRE`'ENT 5,963 4,650 1C,276 11,090 814 10,964 126 10,312 106 CCNTFLCT SER:ICES 4,200 4,2C0* 4,200 107 PRCPE5SICAL SFRVICE5 5, 143 2,625 `,000 `,000 6,500 I,5C0* S,C00 110 TRLII:1G C CJ'+VEvT!C`5 475 469 938 1,330 392 54U 190 500 111 TRAVEL L TRA-!SPOPTATICN Q93 459 918 1,500 582 1,500 1,000 112 SjPPLIES 3, 975 2,299 3,500 3,500 4,000 5CC* 4,C00 116 P05TGE 667 740 1,480 740 740* 1/ 108 368* 950 117 ADIERT C LEGAL vrTICrS 377 119 5CC 50C 500 400 123 0E5 SUB5 C ''EFTINGS 505 169 335 335 218 117 218 125 BJCKS C FA'1P•ILET9 26 19 50 100 50 100 75 i 128 FJCO COST 1,389 775 1,550 1,440 110* 1,560 120* 1,500 132 PHCT 'CPAPHIC SIPPLIE9 43 137 13C 130 250 120* 250 146 REP41S5 C "AINT-FOL'IPYEN 4,491 573 6, 100 6,100 6,600 500* 5,600 150 CC 5' 45/J1I JT FUN0I`.G 13,920 6,370 6,370* 7,500 7,500* 197 EOIiP ' .T-RE +T 32 LEASE 1,206 517 1,5CC 1,530 300 1,800 3,500 TOTAL PLAN'.f:.G C 231 10 124,882 77,256 177,046 165,415 7,631* 188,012 18,557* 176,787 _22 • - O 0 O EL 0 C C. L . T Y, CCLORACC BLCGET ANALYSIS REPORT :575 BLCGET 1974 {EV'','LEitXRENCIILRE I:..FC= eATIC`! 1975 6LCCETIFG INFORMATICN ?CCCL .1 :"ATL ACTutL ACT„AL .T FLL NEAR VARIANCE DEPT VARIANCE ADMIN APPRCVED NU"BER ^tSCPI'TIJ'' 1973 JL':E 30 ESTI4ATEC BLCGET EST/BLDG REQUEST BUDC/REQ RECOMMEND BLOGET 01 5E4ERAL Ft.": sic PLAN',:' ;- O hi 1LL 1-41 107 PRCFFESSIJiAL SERVICES 25,000 25,CCO* 25,000 TOTAL PLAP.t,I,,C FOJSE AILL 1n41 25,000 25,[Cu• 25,000 -23- CAPPENDIX D BOARD OF ADJUSTMENT BY-LAWS { RESOLUTION RE: BY-LAWS FOR THE WELD COUNTY BOARD OF ADJUSTMENT The Weld County Board of Adjustment is subject to Article 2 of Chapter 106, Colorado Revised Statutes 1953, as amended in 1959 and also subject to a resolution creating the Board of Adjustment adopted by the Weld County Board of County Commissioners on March 6, 1963. Those sections of these two documents which specifically apply to the organization and operation of the Weld County Board of Adjustment are briefly summarized as follows: I APPOINTMENT 1 . The Board of Adjustment shall consist of five members appointed by the Board of County Commissioners (Resolution, Paragraph 2. ) 2. The terms of office of each member of the Board of Adjustment after the first appointment shall be for a term of three years (Resolution, Paragraph 7. ) 3. Not more than half of the members of the Board of Adjustment may, at any time, be members of the Planning Commission. (Statutes, 106-2-16. ) 4. Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners upon written charges and after a public hearing. (Statutes, 106-2-16. ) 5. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. (Statutes, 106-2-16. ) 6. The Board of County Commissioners may appoint associate members of the Board of Adjustment and in the event that any regular member be temporarily unable to act owing to absence from the County, illness, interest in a case before the Board, or any other cause, his place may be taken during such temporary disability by an associate member designated for the purpose. (Statutes, 106-2-16.) II ORGANIZATION 1 . All meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. (Resolution, Paragraph 9. ) All meetings of the Board of Adjustment shall be open to the public. (Statutes, 106-2-16 and Resolution, Paragraph 10. ) 2. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing -24- to vote, indicating such fact and shall keep records of its examinations �^ and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. (Statutes, 106-2-16 and Resolution, Paragraph 10. ) 3. The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of an administrative official or agency or to decide in favor of the appellant. (Statutes, 106-2-17 and Resolution, Paragraph 11 . ) III FUNCTIONS AND POWERS 1 . Actions of the Board of Adjustment shall be in conformance with Colorado Revised Statutes, 1953, as amended in 1959 (106-2-17) and with Paragraphs 9.1 and 9.2 of Section IX of the Weld County Zoning Resolution which states as follows: a. Appeals to the Board of Adjustment may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Resolution. Appeals may be taken by any officer, department, board or bureau of the county affected by the granting or refusal of a building permit or other decision of an administrative office or agency based on or made in the course of the administration or enforcement of the provisions of this Resolution. b. Appeals to the Board of Adjustment must be made in writing and filed with the Board of Adjustment within 60 days of the act or failure to act or decision appealed from. c. Upon appeals the Board of Adjustment shall have the following powers: (1 ) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Weld County Zoning Resolution. (2) To hear and decide, in accordance with the provisions of the Weld County Zoning as hereafter provided, requests for special exceptions or for interpretation of the zoning map or for conditional use permits as provided in the Weld County Zoning Resolution. (3) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of the Weld County Zoning Resolution, or by reason of exceptional -25- �^ topographic conditions of such piece of property, the strict application of any regulation enacted under the Weld County Zoning Resolution would result in peculiar and exceptional practical difficulties to, or exceptional and undue hard- ship upon, the owner of such property, a variance from strict application may be granted so as to relieve such difficulties or hardships; provided, however, that such re- lief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Weld County Zoning Resolution; and that there are exceptional circumstances applying to the specific piece of property which do not apply generally to the remain- ing property in the same zoning area or neighborhood. (4) To permit the extension of a non-conforming use throughout a lot or any building thereon upon such terms and conditions as the Board of Adjustment shall deem just and proper; provided, that such extension may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Weld County Zoning Resolution. BY-LAWS The following rules and regulations governing the procedures of the Weld County Board of Adjustment are adopted in accordance with Colorado Revised Statutes, 1953, as amended in 1959 and with the Weld County Resolution creating the Board of Adjustment as passed by the Board of County Commissioners on March 6, 1963: ARTICLE I OFFICERS 1 . The Board of Adjustment shall organize annually at the first regular meeting in each calendar year. 2. The Board of Adjustment shall elect a Chairman and a Vice Chairman whose terms shall be for one year. The Chairman and Vice Chairman shall be elegible for re-election. 3. The Board of County Commissioners shall appoint a Secretary for the Board of Adjustment. 4. The Chairman shall preside at all meetings of the Board of Adjust- ment; shall decide all points of order or procedure; and, may administer oaths and compel the attendance of witnesses. 5. The Vice-Chairman shall assume the duties of the Chairman in his absence. -26- 6. The Secretary shall be responsible for keeping the minutes of the Board of Adjustment; seeing that a notice of all hearings before the Board of Adjustment are published; mailing a notice of hearings by the Board of Adjustment to property owners as specified in the Zoning Resolution; notifying members of the Board of Adjustment of forthcoming meetings ; carry- ing out routine correspondence; maintaining the records of the Board of Adjustment and performing such other administrative duties as may be requested by the Board of Adjustment. ARTICLE II MEETINGS 1 . The Board of Adjustment shall ordinarily hold at least oneregular meeting each month in the District Court hearing room, fourth floor, Weld County Courthouse, Greeley, Colorado, at a time and date to be designated by the Chairman. 2. Special meetings of the Board of Adjustment may be called by the Chairman or in his absence by the Vice-Chairman provided at least three days notice is given each member prior to any such special meeting date. 3. The order of business at all meetings shall be as follows: a. roll call ; '^ b. approval of minutes of previous meeting; fr c. unfinished business; d. new business. 4. Where procedural and parliamentary rules adopted by the Board of Adjustment do not conflict, parliamentary procedure shall be according to Robert's Rules of Order. ARTICLE III QUORUM 1 . Four members of the Board of Adjustment shall constitute a quorum for transaction of business. ARTICLE IV EXPENSES 1 . Within the limits of funds authorized by the Board of County Commissioners, members of the Board of Adjustment may attend planning conferences or meetings or visit other communities for a better understanding of the function of the Board of Adjustment with the payment of reasonable travel and other expenses incidental to such attendance or visit paid by the County. -27- e*` ARTICLE V '�✓ AMENDMENT 1 . These By-Laws may be amended by an affirmative vote of four members of the Board of Adjustment provided such amendment has been submitted in writing to each member of the Board of Adjustment at least seven days prior to the meeting at which such action is taken. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote: Marshall H. Anderson Glenn K. Billings C Harry S. Ashley DATED: JANUARY 27, 1971 ATTEST: Clerk to the Board APPROVED AS TO FORM County Attorney C _0Q_ C APPENDIX E COMPILATION OF COLORADO LAND USE STATUTES (Copies of this Appendix were included only in the six (6) original copies of this report. If additional copies are needed please contact the Weld County Planning Department. ) C s. i • COMPILATION OF COLORADO LAND USE STATUTES Chapter 106 - County Planning Chapter 118 - Real Property Chapter 139 - Towns and Cities Chapter 36 - County Powers rj and Functions r COLORADO LAND USE COMMISSION 1375 Sherman Street Denver, Colorado 80203 DECEMBER 1972 /: i if FOREWORD i This engrossment is a compilation of land use-related statutes which include articles of Chapters 106, 118, 139, and 36 C.R.S. 1963. The aim has been to provide an accurate updating of the statutes with all amendments and repeals interpolated. These include legislation enacted by the Colorado General Assembly during its 1972 session. It is anticipated that further statutes and amendments may be forthcoming concerning land use during the approaching 1973 ''3 session of the state legislature. "yr"v This booklet is intended as a service to all local and state officials who deal in land use matters on a regular basis: county commissioners, planning commissioners, county attorneys, state legislators, state agencies, Land Use Commission advisors, and the interested public. 1 LAND USE COMMISSION Y 14ht COMPILATION OF STATUTES .no, TABLE OF CONTENTS Chapter Page Chapter 106 - County Planning 1 Article 2 - County Planning 1 • Article 3 - Division of Planning 26 Article 4 - Colorado Land Use Act 32 r Article 5 - Planning Aid to Local Governments 38 Article 6 - Planned Unit Development Act of 1972 41 Chapter 118 - Real Property 48 Article 8 - Rules of Construction 48 Article 15 - Condominium Ownership Act 51 Article 16 - Registration of Subdivision Developers 54 Chapter 139 - Towns and Cities 58 Article 59 - Planning Commission 58 Article 60 - Zoning 70 Chapter 36 - County Powers and Functions 75 Article 15 - Building Codes 75 "S Prepared and distributed by the Colorado Land Use Commission, 1375 Sherman Street, Denver, Colorado 80203, 303/892-2778. DECEMBER 1972 last • i1 'l rSr r'. "' el CHAPTER 106 40 ARTICLE 2 County Planning Contents: 106-2-1 . Unincorporated territory 2 106-2-2. County planning commission 2 106-2-3. Chairman-rules-staff-information-grants-gifts 2 106-2-4. Regional planning commission 3 106-2-5. Adoption of master plan-contents 106-2-6. Surveys and studies 5 106-2-7. Adoption of plan by resolution 5 106-2-8. Certification of plan 6 106-2-9. Regional planningcommission approval , required when- recording 6 106-2-10. Zoning plan 9 106-2-11 . Certification of plan-hearings • 9 106-2-12. Regulation of size and use-districts 10 106-2-13. Enforcement-inspector-permits 10 106-2-14. Public welfare to be promoted 11 106-2-15. Regulations may be amended Il 106-2-16. Board of adjustment 11 s 106-2-17. Appeals to board of adjustment 12 v. 106-2-18. District planning commissions 13 106-2-19. Existing structures-county property 15 106-2-20. Temporary regulations 16 106-2-21 . Submission to division of planning 16 106-2-22. Higher standards govern 16 106-2-23. Penalty 17 106-2-24. Filing with county clerk 17 106-2-25. Appropriation authorized 17 106-2-26. Public utilities exceptions 17 106-2-27. Unincorporated defined 18 106-2-28. Term of membership 18 106-2-29. Inclusion of land in regional planning commission 18 1 106-2-30. Notice of intent to withdraw 18 r 106-2-31 . Planning commission responsibilities in a common geographic area 18 106-2-32. Concurrent planning jurisdiction-authorized agreements and contracts 18 106-2-33. Definitions 19 106-2-34. Subdivision regulations 20 106-2-35. Telecommunications research facilities of the United States -inclusions in planning and zoning 23 106-2-36. Safety glazing materials 23 106-2-37. Referral and review requirements 24 106-2-38. Guarantee of public improvements 25 ` -1- li r CHAPTER 106sow woe �- s ARTICLE 2 County Planning 106-2-1 . Unincorporated territory.-The boards of county commission- - ers of the respective counties within the state are authorized and em- powered to provide for the physical development of the unincorporated territory within the county and for the zoning of all or any part of such unincorporated territory in the manner provided in this article. 106-2-2. County planning commission.-(1) The board of county com- missioners of any county within the state is hereby authorized and em- powered to appoint a commission of five members, to be known as the county planning commission; except that in counties of the state having a population of fifteen thousand or less, desiring to establish a commis- sion, the board of county commissioners may constitute the commission, or the board of county commissioners may appoint a separate body to serve as the county planning commission. (2) In addition to the five appointed members, the board of county commissioners shall appoint one of the members of the board as ex officio nonvoting member of such commission. Each of such five members of the commission shall be a resident of the county and the owner of real pro- L perty situated therein. The term of appointed members of the commission b'1 shall be five years and until their respective successors have been Ad appointed, but the terms of office shall be staggered by making the in- itial five appointments for one, two, three, four, and five years res- pectively. - (3) The members of the commission shall receive such compensation as may be fixed by the board of county commissioners, and the board of county commissioners shall provide for reimbursement of the members of the commission for actual expenses incurred. The board of county commis- sioners shall provide for the filling of vacancies in the membership of the commission and for the removal of a member for nonperformance of duty or misconduct. The board of county commissioners may appoint associate members of such commission, each of whom shall be a resident of the county ard the owner of real property situated therein, and in the event any regular member be temporarily unable to act owing to absence from the • 1 county, . illness, interest in any matter before the commission or any other cause, his place may be taken during such temporary disability • by an associate' member designated for the purpose. 106-2-3. Chairman-rules-staff-information-grants and gifts-. (1) The county planning commission shall elect a chairman from its members, whose term shall be for one year, and the commission may create and fill such other offices as it may determine. The commission shall adopt such rules and regulations governing its procedure as it may con- sider necessary or advisable, and shall keep a record of its proceedings; ,.$ • which record shall be open to inspection by the public at all reasonable times. The commission shall have the power and authority to employ experts and a staff, and to pay such expenses as may be deemed necessary for carrying out the powers conferred and the duties prescribed, but not in excess of such sums as may be appropriated by the board of county commissioners of the county or be placed • at the disposal of the commission through gift or otherwise. The county planning commission is directed to make use of the expert advice and information which may be furnished by appropriate federal , state, county, and municipal officials, departments and agencies, and in particular by the director of planning of the state of Colorado. All state officials, departments and agencies having inform- ation, maps and data pertinent to county planning or zoning are authorized and directed to make the same available for the use of the county planning commission as well as to furnish such other technical assistance and advice as they may have available for such purpose. (2) The county planning commission is specifically empowered to receive and expend all grants, gifts and bequests, specifically including state and federal funds and other funds available for the purposes for which the commission exists, and to contract with the state of Colorado, the United States and all other legal entities with respect thereto. The county planning commission may provide, within the limitation of its budget, matching funds wherever grants, gifts, bequests and contractual assistance are available on such basis. 106-2-4. Regional planning commission. - (1 ) The governing body, or in charter cities, the officials having charge of public improvements, of any municipality C or group of municipalities, together with the boards of county commissioners of any counties in which such municipality or group of municipalities is located or of any adjoining counties, or the governing bodies, or in charter cities, the officials having charge of public improvements of any municipality or group of municipalities, acting independently of the boards of county commissioners in which such municipality orgroup of municipalities is located, or the boards of county commissioners of any two or more counties, may co-operate in the creation of a regional planning commission for any region defined as may be agreed upon by said co-operating governing bodies or officials or boards limited to a region within the jurisdiction of said co-operating governing bodies. (2) The number and qualifications of members of any such regional planning commission, and their terms, and method of appointment or removal , shall be such as may be determined and agreed upon by said co-operating governing bodies or officials and boards; provided, that each participating county or municipality shall be entitled to at least one voting representative. _The regional planning commission shall elect its chairman, whose term shall be one year, with eligibility for re-election. The commission may create and fill such other offices as it may determine. (3) Any board of county commissioners or other county officials or the chief executive officer of any municipality, from time to time, upon the request of the commission and for the purpose of special surveys, may assign or detail to the commission any members of staffs of county or municipal administrative departments, or may direct any such department to make for the commission special surveys or studies requested by the commission. (4) The proportion of the expenses of the regional planning commission to be borne respectively by any governing body co-operating in the establishment and maintenance of the commission, shall be such as may be determined and -3- agreed upon by the co-operating bodies or officials or boards, and they are hereby authorized to appropriate or cause to be appropriated their respective shares of such expense. (5) Within the amounts duly appropriated, or otherwise received, the re- gional planning commission shall have the power to appoint such clerical and stenographic employees and such technically qualified staff as are necessary to do the work of the commission. The regional planning commission shall have the further power and authority to contract for such other services, facilities and personnel as it may require within its means, including the services of pro- fessional planners and other consultants. (6) The regional planning commission is specifically empowered to re- v ceive and expend all grants, gifts and bequests, specifically Including state and federal funds and other funds available for the purposes for which the commission exists, and to contract with the state of Colorado, the United States and all other legal entities with respect thereto. The regional planning com- mission may provide within the limitations of its budget matching funds wher- ' ever grants, gifts, bequests and contractual assistance are available on such basis. (7) A regional planning commission shall be a body politic and corporate, ' with power to sue and be sued. It shall be liable on its undertakings, con- tractual ar otherwise. The individual members thereof and the co-operating, governing bodies or officials and boards shall not be liable on the under- takings of the commission, contractual or otherwise, regardless of the proce- dure by which such undertakings, or any of them, may be entered into. (8) The regional planning commission shall have the power to adopt articles, to regulate and govern its affairs, whether as an incorporated association or ® otherwise, in the performance of the regional planning functions as defined by statute, such articles shall contain rules pertaining to the transaction of the commission's business. The regional planning commission shall keep re- cords of its resolutions, transactions, contractual undertakings, findings and determinations, which records shall be public records. The regional plan- ning commission shall have and exercise all powers necessary or incidental to exercise fully the powers and authority herein conferred. (9) A regional planning commission may, to the extent provided for in a resolution adopted by a board of county commissioners, perform the functions of a county planning commission as provided for in this article. (10) Nothing contained in this article shall preclude participation by any county or municipality in more than one regional planning commission. • 106-2-5. Adoption of master plan-contents.-(1) It shall be the function and duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county. (2) (a) It shall be the function and duty of a regional planning commission- to make and adopt a regional plan for the physical development of the terri- tory within the boundaries of the region, provided that no such plan shall be effective within the boundaries of any incorporated municipality within the region unless such plan shall be adopted by the governing body of such muni- cipality for the development of its territorial limits and under the terms of paragraph (b) of this subsection (2) . �r• -4- �'1 '1 lam/ (b) Any plan adopted by a regional planning commission shall not be deemed an official advisory plan of any municipality or county unless adopted by the pl.inning commission of such municipality or county. (3) The master plan of a county or region, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the • county or regional planning commission's recommendations for the development of the territory covered by the plan, and may include: The general location, character, and extent of streets or roads, viaducts, bridges, parkways, playgrounds, forests, reservations, parks, airports, and other public ways, grounds, places and spaces; the general location and extent of public util- ities and terminals, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes; the acceptance, widening, removal , extension, relocation, narrowing, vacation, L.67 abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces,' . properties, utilities, or terminals; the general character, location, and extent of community centers, town sites, housing developments, whether public or private, and urban conservation or redevelop- ment areas; the general location and extent of forest, agricultural areas, flood control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control , or the protection of urban development; and a land classification and utili- zation program. 106-2-6. Surveys and studies.-In the preparation of a county or region- al master plan, a county or regional planning commission shall make careful \s, and comprehensive surveys and studies of the existing conditions and probable future growth of the territory within its jurisdiction. The county or region- al master plan shall be made with the general purpose of guiding andaccom- plishing a co-ordinated-, adjusted, and harmonious development of the county or region which, in accordance with present and future needs and resources, will best promote the health, safety, morals, order, convenience, prosperity, or the general welfare of the inhabitants, as well as efficiency and economy in the process of development, including such distribution of population and of the uses of land for urbanization, trade, industry, habitation, recreation, agriculture, forestry, and other purposes, as will tend to create conditions favorable to health, safety, transportation, prosperity, civic activities, and recreational , educational and cultural opportunities; will tend to re- duce the wastes of physical , financial , or h_iman resources which result from either excessive congestion or excessive scattering of population; and will tend toward an efficient and economic utilization, conservation and pro- duction of the supply of food and water, and of drainage, sanitary, and other facilities and resources. ICS-2-7. Adoption of plan by resolution.-A county or regional planning commission may adopt the county or regional master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may adopt parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter which may be in- cluded in the plan. The commission may amend, extend, or add to the plan, or carry any part of it into greater detail from time to time. The adoption ( -1 -5- 1 of the plan or any part, amendment, extension, or addition shall be by resolution carried by the affirmative votes of not less than a majority of the entire member- Gship of the commission. The resolution shall refer expressly to the maps and descriptive matter intended by the commission to form the whole or part of the plan. The action taken shall be recorded on the map and descriptive matter by the identifying signature of the secretary of the commission. • 106-2-8. Certification of plan. - The county planning commission shall certify . a copy of its master plan or any adopted part or amendment thereof or addition thereto, to the board of county commissioners of the county. The regional plan- ning commission shall certify such copies to the boards of county commissioners of the counties lying wholly or partly within the region. The county or regional • planning commission shall certify such copies to the planning commission of all municipalities within the county or region. Any municipal planning commission which receives any such certification mayadopt so much of the plan, part, amend- ment, or addition as falls within the territory of the municipality as a part or amendment of or addition to the master plan of the municipality,and when so adopted, it shall have the same force and effect as though made and prepared, as well as adopted, by such municipal planning commission. 106-2-9. Regional planning commission approval , required when - recording. - (1 ) (a) Whenever any county planning commission, or if there be none, then any regional planning commission, shall have adopted a master plan of the county or any part thereof, no road, park, or other public way, ground or space, no public building or structure or no public utility, whether publicly or privately owned, shall be constructed or authorized in the unincorporated territory of the county until and unless the proposed location and extent thereof shall have been sub- 400 mitted to an approved by such county or regional planning commission. (b) in case of disapproval , the commission shall communicate its reasons to the board of county commissioners of the county in which the public way, ground, space, building, structure, or utility is proposed to be located. Such board shall have the power to overrule such disapproval by a vote of not less than a majority of its entire membership. Upon such overruling, said board or other official in charge of proposed construction or authorization may proceed therewith. (c) If the public way, grounds, space, building, structure, or utility be one the authorization or financing of which does not, under the law governing the same, fall within the province of the board of county commissioners or other county officials or board, then the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire ; membership or by said official . (d) The acceptance, widening, removal , extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any road, park, or other public way, ground, place, property, or structure shall be subject to similar submission and approval ; and the failure to approve may be similarly overruled. -6- (e) The failure of the commission to act within thirty days after the date of official submission to it shall be deemed approval , unless a longer period be granted by the submitting board, body, or official . (2) (a) In any geographic area of common planning jurisdiction, which area consists of part or all of several counties for which a regional plan has been duly adopted, the district, county, or municipal planning commission shall refer to the regional planning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal projects, proposed public facilities, or other planning functions il which clearly affect another local governmental unit, or which affect the region as a whole, or which is a subject of primary responsibility of the regional planning commission. (b) In any geographic area of common planning jurisdiction which involves part or all of only one county for which a regional plan has been duly adopted, the district, county, or municipal planning commission shall refer to the regional planning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal pro- jects, proposed public facilities, or other planning functions which clearly affect another local governmental unit or which affect the region as a whole, or which is a subject of primary responsibility of the regional planning commission. (c) The regional planning commission shall within thirty days after the re- ceipt of such referral , report to the district, county, or municipal planning commission on the effect of the referred matter on the regional plan. This time may be extended by mutual agreement. If during the review time, a satis- factory adjustment in the referred matter cannot be worked out, the regional (e planning commission may report to the district, county, or municipal planning commission that this referred matter is inconsistent with the regional plan. In that case if the district, county or municipality has theretofore adopted the regional plan for the development of its area, the concurrent vote of two-thirds of the total membership of the district, county, or municipal planning commission shall be required to issue a different independent report on such matters. In all instances, the regional planning commission may also forward its report on the referred matter to the governing body of the government unit having authority to decide the matter. (d) The failure of the regional planning commission to reply within thirty days after the receipt of the referral , or within the agreed extension of time, shall be deemed approval of the matter referred. (e) A failure on the part of any district, county or municipal planning com- mission to refer to the regional planning commission any plan or authorization provided for in paragraphs (a) and (b) of this subsection (2) shall be deemed a determination by such district, county, or municipal planning commission that , t the matter is local in nature. (f) The regional planning commission, on its own initiative, may initiate a review of any matter involving its regional planning functions, whether such matter has been referred to it or not, if the subject of the review affects two or more local jurisdictions, and may make a report of the result of such review to the governing bodies of the jurisdictions involved. (g) The provisions of this subsection (2) shall not apply to any proposed business or industrial zoning change of less than twenty acres nor to any proposed residential zoning change or subdivision of less than forty acres. -7- (3) (a) All plans of streets or highways for public use, and ail plans, h plats, plots, and replots of land laid out in subdivision or building lots Cand the streets-,-iri-gtiways, alleys, or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots .tra,ttng thereon or adjacent thereto, shall be submitted to the board of county commissioners for review and subsequent approval , conditional approval , L.72 or disapproval . It shall not be lawful to record any such plan SB . ' or plat in any public office unless the same shall bear thereon, by endorse- 35 ment or otherwise, the approval of the board of county commissioners and after review by the appropriate planning commission. (b) The approval of said plan or plat by such commission shall not be deemed an acceptance of the proposed dedication by the public. Such accep- t tance, if any, shall be given by action of the governing body of the munici- pality or by the board of county commissioners. The owners and purchasers of such lots shall be presumed to have notice of public plans, maps, and re- ports of such commission affecting such property within its jurisdiction. (4) (a) Any subdivider, or agent of a subdivider, who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners and recorded or filed in the office of the county clerk and recorder shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected under this paragraph (a) shall be credited to the general fund of the county. (b) The board of county commissioners of the county in which the sub- divided L.' .. land is located shall have the power to bring an action to enjoin 72 f% Gany subdivider from selling, agreeing to sell , or offering to sell subdivided 6 land before a final plat for such subdivided land has been approved by the board of county commissioners. (c) The board of county commissioners shall distribute or cause to be dis- tributed, the sets of plans or plats submitted to the agencies as referred to in section 106-2-37 (1) . (5) (a) Notice of the filing of preliminary plans of any type required by this section to be submitted to a district, regional , or county planning commission or to the board of county commissioners, if the situs of these plans lies wholly or partially within two miles of the corporate limits of a m':iicipality but not within the corporate limits of another municipality, shall be referred to the town or city clerk of such municipality by the county planning commission, or if there be none, then by the board of county commissioners. Within fourteen days of the receipt of such plans, the municipality, by action of its city council or town board, or if one exists, by action of its planning commission, may make Its recommendations to the board of county commissioners, who shall forward the same to the district, regional , or county planning commission, if any. Failure of the town board, city council , or agents designated by them, to make any recom- mendation within fourteen days of the receipt of such plans shall constitute waiver of its right to make such recommendation. (b) If such recommendation is made by the municipality it shall be taken into consideration by the board of county commissioners and district, re- gional , or county planning commission, if any, before action is taken upon -8- the plans. The board of county commissioners and district, regional , or county planning commission, if any, shall take no action on such plans until the recom- mendation of the municipality is received or until fifteen days after receipt of the preliminary plans, which ever is sooner. • 106-2-10. Zoning plan. - (1 ) The county planning commission of any county may, and upon order by the board of county commissioners in any county having a county planning commission shall make a zoning plan or plans for zoning all or any part of the unincorporated territory within such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk, and size of building and other structures, percentage of lot which may be occupied, the size of lots, courts, and other open spaces, the density and dis- tribution of population, the location and use of buildings, and structures for trade, industry, residence, recreation, public activities, or other purposes, and, the uses of land for trade, industry, recreation, or other purposes, and, to the end that adequate safety may be secured, the county planning commission may include in said zoning plan or plans provisions establishing, regulating, and limiting such uses on or along any storm or floodwater runoff channel or basin as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or flood waters. (2) The county planning commission or the board of adjustment of any county, ({ in the exercise of powers pursuant to this article, may condition any portion of a zoning resolution, any amendment thereto, or any exception to the terms thereof upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board. • 106-2-11 . Certification of plan - hearings. - The county planning commission shall certify a copy of the plans for zoning all or any part of the unincorporated territory within the county, or any adopted part or amendment thereof, or addition thereto, to the board of county commissioners of the county. After receiving the certification of said zoning plans from the commission and before the adoption of any zoning resolutions, the board of county commissioners shall hold a public hearing thereon, the time and place of which at least thirty days ' notice shall be given by cne publication in an newspaper of general circulation in the county. Such notice shall state the place at which the text and maps so certified by the county planning commission may be examined. No substantial change in or departure from the text or map so certified by the county planning shall be made unless such change or departure be first submitted to the certifying county planning commission for its approval , disapproval or suggestions, and if disapproved, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. The county planning commission shall have thirty days after such submission within which to send its report to the county commissioners. \C -9- _ h 106-2-12. Regulation of size and use-districtsc(1) When the county planning commission of any county makes, adopts, and certifies to the board of county commissioners plans for zoning the unincorporated terri- tory within any county, or any part thereof, including both the full text of a zoning resolution and the maps, after public hearing thereon, the board of county commissioners, by resolution, may regulate in any portions of such county which lie outside of cities and towns, the location, height, bulk, and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts, and other open spaces, the uses of buildings and structures for trade, industry, residence, rec- reation, public activities, or other purposes, and the uses of land for L.67 trade, industry, residence, recreation, or other purposes, and for flood control . In order to accomplish such regulation, the board of county com- missioners may divide the territory of the county which lies outside of cities and towns into districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of build- ings and structures and the uses of land, and may require and provide for the issuance of building permits as a condition precedent to the right to erect, construct, reconstruct, or alter any building or structure within any district covered by such zoning resolution. (2) The county planning commission may make and certify a single plan for the entire unincorporated portion of the county, or separate and suc- cessive plans for those parts which it deems to be urbanized or suitable for urban development and those parts which, by reason of distance from existing urban communities or for other causes, it deems suitable for non- ! 1 urban development. Any resolution adopted by the board of county com- missioners may cover and include the unincorporated territory covered and included in any such single plan or in any of such separate and successive plans. No resolution covering more or less than the territory covered by any such certified plan shall be adopted or put into effect until and un- less it be first submitted to the county planning commission which had certified the plan to the board of county commissioners and be approved by said commission or, if disapproved, receive the favorable vote of not less than a majority cf the entire membership of such board. All such regulations shall be uniform for each class or kind of building or structure throughout any district, but the regulations in any one district may dif- fer from those in other districts. 106-2-13. Enforcement-inspector-permits.-The board of county com- missioners may provide for the enforcement of the zoning regulations by _ means of the withholding ofi building permits, and, for such purpose, may establish and fill a position of county building inspector and may fix the compensation attached to said position, or may authorize an administrative official of the county to assume the functions of such position in addition to his customary functions. Such board may also fix a reasonable schedule of fees for the issuance of such permits. After the establishment of such position and the filing of the same, it shall be unlawful to erect, con- struct, reconstruct, alter, or change the use of any building or other structure within the unincorporated territory covered by such zoning • ems Q -10- l� a C ' --regulations-w.iihout obtaining a building permit from such county building in- spector. Such building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning_regulations_ t"en..in effect. 106-2-14. Public welfare to be promoted.-Such regulations shall be de- signed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the state, including the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, se- curing safety from fire, flood waters, and other dangers, providing adequate 1.67 light and air, classification of land uses and distribution of land develop- ment and utilization, protection of the tax base, securing economy in govern- mental expenditures, fostering the state's agricultural and other industries, and the protection of both urban and nonurban development. 106-2-15. Regulations may be amended.-From time to time the board of county commissioners may amend the number, shape, boundaries or area of any district, or any regulation of or within such district, or any other provisions of the zoning res.: n, Any such amendment shall not be made or become effective unless the same shall have been proposed by or be first submitted for the approval , disapproval or suggestions of the county plan- ning commission. If disapproved by such commission within thirty days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of Cthe board of county commissioners. Before finally adopting any such amend- ment the board of county commissioners shall hold a public hearing thereon, end at least thirty days' notice of the time and place of which shall be given by at least one publication in a net:sp- per of general circulation in the county. 106-2-16. Board of adjustment.-(1) The board of county commissioners of any county which enacts zoning regulations under the authority of this article, shall provide for a board of adjustment of three to five members and for the manner of the appointment of such members. Not more than half of the members of such board may at any time be members of the planning commission. The board of county commissioners shall fix per diem compen- sation and terms for the members of such board of adjustment, which terms shall be of such length and so arranged that the term of at least one mem- ber will expire each year. Any member of the bz'ard of adjustment may be removed for cause by the board of county commissioners upon written char- ges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The board of county commissioners may appoint associate members of such board, and in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the hoard or any other cause, his place may be taken during such temporary disability by an associate member designated for the purpose. (2) The board of county commissioners shall provide and specify in its pzoning or other resolutions general rules to govern the organization, `C -11- 4 procedure, and jurisdiction of said board of adjustment, which rules shall not be inconsistent with the provisions of this article. The board of ad- justment r , may adopt supplemental rules of procedure not inconsistent with this article or such general rules. (3) Any zoning resolution of the board of county commissioners may pro- vide that the board of adjustment, in appropriate cases and subject to ap- propriate principles, standards, rules, conditions, and safeguards set forth in the zoning resolution, may make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The commissioners may also authorize the board of adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions, as they may arise in the administration of the zoning regulations. (4) Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may admin- ister oaths and compel the attendance of witnesses by application to the district court. The pourt upon proper showing may issue subpoenas and en- force obedience by contempt proceedings. All meetings of the board of ad- justment shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. 106-2-17. Appeals to board of adjustment.-(1) Appeals to the board of adjustment may be taken by any person aggrieved by his inability to ob- tain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforce- ment of the provisions of the zoning resolution. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision or an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning resolution. The time within which such appeal must be made, and the form or other procedure relating thereto, shall be as specified in the gen- eral rules provided by the board of county commissioners to govern the pro- cedure of such board of adjustment or in the supplemental rules of proce- dure adopted by such board. (2) Upon appeals the board of adjustment shall have the following powers: (a) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning resolution. (b) To hear and decide, in accordance with the provisions of any such resolution, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such resolution to pass. (c) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, -12- or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this article would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. (3) The concurring vote of four members of the board in the case of a five member board, and of three members in the case of a three member board, shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the appellant. 106-2-18. District planning commissions.-(l ) Whether or not a county planning commission has been created, the board of county commissioners of any county on petition, from time to time may appoint district plan- ning commissions for the purpose of preparing plans for zoning c'rtain portions of the unincorporated territory within such county. Such petition shall be signed by fifty owners of real property situated within the boun- daries of the district described in the petition and shall request the appoint- ment of a planning commission for such district. At the next regular meet- ing following the receipt of such petition, the board of county commis- sioners shall determine the sufficiency of such petition and if found to be Cv sufficient shall order a public hearing to be held on the question of the establishment of such district at the county seat within the county not more than sixty days after the date of filing such petition. (2) A notice of the time, place and purpose of such hearing, and con- taining a description of the boundaries of the proposed district, shall be given by publication in a newspaper of general circulation within the county by one publication at least thirty days prior to the date of such hearing. Any owner of property included within the boundaries of the proposed dis- trict shall be entitled to protest the establishment thereof by filing with the board of county commissioners at least five days prior to the time set for the hearing a written statement setting forth in brief the grounds of the protest. At the time and place specified in said notice the board of county commissioners shall sit for the purpose of determining whether or not such proposed district should be established and at such time and place it shall consider and pass upon any protests filed. Within five days after termination of such hearing, the board of county commissioners, if satis- fied that the public interest requires such. action, shall overrule. such protests as may be filed and shall enter an order establishing the plan- ning district, describing the boundaries thereof, giving the district an appropriate and distinctive name and appointing the district planning com- mission. Such commission shall consist of three members each of whom shall be a resident of the district and the owner of real property situated therein. (3) (a) The members of such commission shall serve for a term of three years and until their successors are duly appointed and qualify. They shall serve without compensation. The board of county commissioners shall provide (� -13- for the filling of vacancies in the memberships of the commission and for the removal of a member for nonperformance of duty or misconduct. (b) The district planning commission so appointed and organized shall have all the powers and be subject to all the duties hereinbefore by this article conferred and imposed upon county planning commissions in so far as such powers and duties relate to zoning and in respectto the territory included within the boundaries of such district. It shall be the duty of such commission to make for certification to the board of county commis- sioners of the county plans for zoning the territory included within the boundaries of the district. The commission shall certify a copy of the zoning plans, including the full text of the zoning resolution and the • maps, to the board of county commissioners of the county. If a county planning commission has been created in the county wherein the said dis- trict is situated, such plans must first be approved by such commission. (c) After receiving the certification of said zoning plans from the commission and before the adoption of any zoning resolutions, the county commissioners shall hold a public hearing in the manner prescribed in section 106-2-11 . Thereafter the board of county commissioners may by resolution or resolutions exercise as to the territory included within the boundaries of such district, all the powers conferred upon it by sec- tions 106-2-12 to 106-2-14, and may amend said resolutions from time to time, but any such amendment shall not be made or become effective unless the same shall have been proposed by or first submitted for the approval , disapproval or suggestions of the district planning commission and shall likewise have approval by the county planning commission, if one has been created. If any such amendment be disapproved by either the county or the 4:r district planning commission within thirty days after such submission, to � become effective it shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment the board of county commis- sioners shall hold a public hearing thereon, at least thirty days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the county. (4) Unless or until a board of adjustment has been appointed for the county as a whole pursuant to a county zoning plan submitted by the county planning commission such resolutions shall provide that the district plan- ning commission shall perform the functions of the board of adjustment as specified in sections106-2-16 and 106-2-17 with respect to the zoning regulations for such district. When a county board of adjustment has been appointed it shall function with respect to the zoning regulations for such district. Wherever the regulations for a district made pursuant to this section require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater setback from a road or street, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other regulations made under the authority of this article and effective within the same territory, the provisions of the regulations for such district made pursuant to this section shall govern. Wherever the provisions of other regulations made under the authority of this article and effective within the territory of a district established ^ -14- pursuant to this section impose higher standards than are imposed by the regulations for such district made pursuant to this section, the provisions of such other regulations shall govern. (5) The boundaries of a planning district may be enlarged from time to time through the addition of contiguous territory by order of the board of county commissioners pursuant to petition signed by the owners of at least fifty-one per cent cf the area of the real property to be added to the district after published notice, opportunity for protest and hearing..ns provided in the case of original establishment of a district. (6) Planning districts can be dissolved by action of the board of county • commissioners if the affected county adopts a zoning resolution which covers the district in question. Action for dissolution may be initiated by a pet- ition calling for dissolution of the district from fifty owners of real pro- perty situated within the boundaries of the district or by the board of county commissioners. The board shall hold a public hearing at the county seat within the county on the question of the dissolution of the district. A notice of the time, place, and purpose of such hearing, and containing a description of the boundaries of the district, shall given by pub- lication in a newspaper of general circulation within the county by one publication at least thirty days prior to the date of such hearing. The officers of the district, if any, shall be notified by certified mail at least thirty days prior to the date of the hearing of the purpose, location, and time of the hearing. Prior to the hearing the county planning com- mission shall review the proposed dissolution at a public meeting and L.65 shall transmit its findings to the bccrd of county commissioners. Any (1'� owner of property included within the boundaries of the proposed district �V shall be entitled to protest the dissolution thereof by filing with the board of county commissioners at least five days prior to the time set for the hearing, a written statement setting forth in brief the grounds of the protest. At the time and place specified in said notice, the board of county commissioners shall sit for the purpose of determining whether or not such district should be dissolved, and at such time and place it shall consider and pass upon any protests filed. Within seven days after termination of such hearing, the board of county commissioners, if sat- isfied that the public interest would be served by such action, shall en- ter an order dissolving the planning district; or , it satisfied that the public interest would be served by retaining such district, the board shall enter an order dismissing such petition. 106-2-19. Existing structures-county property.-(l) The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of .the adoption of a zoning resolution, or in the case of ' an amendment of a resolution, then at the time of such amendment, may be continued although such use does not conform with the provisions of such resolution or amendment, and such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. The board of county commis- sioners may provide in any zoning resolution for the restoration, recon- struction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning resolution. The board of -15- f county commissioners in any zoning resolution may provide for the termi- nation of nonconforming uses, either by specifying the period in which nonconforming uses shall be required to cease, or by providing a formula whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in • the nonconformance. (2) If any county acquire title to any property by reason of tax de- linquency and such properties be not redeemed as provided by law, the future use of such property shall be in conformity with the then pro- visions of the zoning resolution of the county, or with any amendment of such resolution, equally applicable to other like properties within the district in which the property acquired by the county is located. 106-2-20. Temporary regulations.-The board of county commissioners of any county, after appointment of a county or district planning commis- sion and pending the completion by such commission of a zoning plan, where in the opinion of the board conditions require such action, may promulgate by resolution without a public hearing, regulations of a temporary nature, to be effective for a limited period only and in any event not to exceed six months, prohibiting or regulating in any part or all of the unincorporated territory of the county or district the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, industrial or com- mercial purpose. 106-2-21 . Submission to division of planning. - Before finally adopting /IS and certifying any plan, either master or zoning, the planning commis- sion, regional , county, or district, making such plan, shall submit such plan to the division of planning of the department of local affairs for advice and recommendations. The director of planning, within thirty days after such submission, shall present his advice and criticism in L.71 respect to such plan. Such advice and criticism shall be advisory only and the commission submitting such plan shall not be bound thereby. If such advice and criticism have not been presented within such period of' thirty days, the approval of such plan by the director of planning shall be presumed. 106-2-22. Higher standards govern.-Wherever the regulations made under authority of this article require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made un- der authority of this article shall govern. Wherever the provisions of any other statute require .i greater width or size of yards, courts, or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute shall govern. -16- I . 106-2-23. Penalty.-It shall be unlawful to erect, construct, recon- Soli/ struct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, any zon- ing resolution, or any amendment thereof, enacted or adopted by any board of county commissioners under the authority of this article. Any person, firm or corporation violating any such regulation, provision or amendment, or any provision of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned not more than ten days, or both. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, al- tered, maintained or used, or any land is or is proposed to be used, in violation of this article or of any regulation or provision of any resol- ution, or amendment thereof, enacted or adopted by any board of county com- missioners under the authority granted by this article, such board, the district attorney of the county or any owner of real estate within the district in which such building, structure or land is situated, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, al- teration, maintenance or use. 106-2-24. Filing with county clerk.-Upon the adoption of any zoning ordinance or regulation, or maps, the board of county commissioners shall �F file a certified copy of each in the office of the county clerk and re- corder, which copies shall be accessible to the public. The county clerk and recorder shall index such ordinances and regulations as nearly as possible in the same manner as he indexes instruments pertaining to the title of land. 106-2-25. Appropriation authorized.-The board of county commission- ers is empowered to appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the county and district planning commissions and of the boards of ad- justment, and to enforce the zoning regulations and restrictions which are adopted, and to accept grants of money and service for these purposes, and other purposes, in accordance with this article, from either private or public sources, state or federal . 106-2-26. Public utilities exceptions.-None of the provisions of this article shall apply to any existing building, structure, plant or. other equipment owned or used by any public utility. After the adoption of a plan, all extensions, betterments, or additions to buildings, structures, plant or other equipment of any public utility shall only be made in con- formity with such plan, unless, after public hearing first had, the pub- lic utilities commission of the state of Colorado orders that such exten- sions, betterments or additions to buildings, structures, plant or other equipment are reasonable and that such extensions, betterments or additions may be made even though they conflict with the adopted plan. -17- 106-2-27. Unincorporated defined. - For the purposes of this article, 4: "unincorporated" means situated outside of cities and towns, so that when used in connection with "territory," "areas," or the like, it covers, includes, and relates to territory or areas which are not within the boundary of any city or town. 106-2-28. Term of membership. - In order to insure adequate time for the preparation of those plans which are specified as the primary responsibility of a regional planning commission, the term of membership of any governing ' body in a regional planning commission shall be not less than three years. 106-2-29. Inclusion of land in regional planning commission. - Any county or municipality adjacent to an area under the jurisdiction of a regional planning commission may be included in such regional planning commission by agreement between its board of county commissioners, or governing body, or in charter cities the officials having charge of public improvements, and the governing bodies which are members of the regional planning commission. Any such county or municipality upon being included into the regional planning commission shall be subject to all provisions of this article relating to reigonal planning commissions. 106-2-30. Notice of intent to withdraw. - Written notice of intent to withdraw shall be given to the regional planning commission at least ninety days prior to the date of intended withdrawal and no withdrawal shall be effective until such notice has been given. In the event of withdrawal of a county or municipality, no refund shall be made of any moneys paid to the 4.7 regional planning commission. �✓ 106-2-31 . Planning commission responsibilities in a common geographic area. - The regional planning commission shall have primary responsibility for those broad plans described in section 106-2-5(3) and surveys and studies described in section 106-2-6 , which clearly affect the physical development of two or more governmental units. The district, county, or municipal planning commission shall have primary responsibility for all other plans, surveys, and studies, and implementation thereof in zoning, subdivision, housing, recreation, trans- portation, public works, health and safety, and other similar subjects. 106-2-32. Concurrent planning jurisdiction - authorized agreements and contracts. - (1 ) In any instance where a regional planning commission is unable to perform on time and in sufficient detail a plan or survey or study ' which is its primary responsibility and where such plan or survey or study has been requested and is urgent for the development of a district, county, or municipality, then upon formal notice to the regional planning commission, the local commission may proceed to make such plan or survey or study for its own area. In such instances, the regional planning commission may adopt such plan or survey or study as part of its regional plan and may take primary responsibility for the expansion of the study or plan into other jurisdictions. ems O -18- (2) A regional planning commission may agree or contract with any government or quasi-governmental body within the region to make any plan or survey or study for such governmental or quasi-governmental body, irrespective of whether such plan or survey or study is the primary re- sponsibility of such regional planning commission. (3) A regional planning commission may agree or contract with any • constituent government to have it make any plan or survey or study which is the primary responsibility of the regional planning commission. 106-2-33. Definitions.-For the purposes of this article: (1 ) "Region" means the area encompassed by a regional planning com- mission, being the combined land areas subject to the jurisdiction of the participating governmental units. (2) "Municipal planning commission" means any planning commission, or other body charged with the functions of such commission, or any city, city and county, or incorporated town, whether created pursuant to the authority of state statute or of home rule charter. (3) (a) "Subdivision" or "subdivided land" means any parcel of land in the state which is divided into two or more parcels, separate in- terests, or interests in common, unless exempted under paragraphs (b) , (c) , or (d) of this subsection (3) . 1.72 (b) The terms "subdivision" and "subdivided land" as defined in S.B.35 paragraph (a) of this subsection (3) shall not apply to any division of land which creates parcels of land each of which comprise thirty-five or more acres of land, none of which is intended for use by multiple ( owners. (c) (i) Unless the method of disposition is adopted for the purpose of evading this article, the terms "subdivision" and "subdivided land',' as defined in paragraph (a) of this subsection (3) , shall not apply to any division of land: • (ii) Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel , results in thirty-five or more acres per interest; (iii) Which is created by order of any court in this state or by operation of law; (iv) Which is created by a lien, mortgage, deed of trust or any other security instrument; (v) Which is created by a security or unit of interest in any in- vestment trust regulated under the laws of this state or any other interest in an investment entity; (vi) Which creates cemetery lots; • (vii) Which creates an interest or interests in oil , gas, miner- als, or water which arc now or hereafter severed from the surface ownership of real property; or (viii) Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common and any such interest shall be deemed for purposes of this subsection (3) as only one interest. (d) The board of county commissioners may, pursuant to rules and regulations or resolution, exempt from this definition of the terms -19- "subdivision" and "subdivided land", any division of land if the board Cof county commissioners determines that such division is not within the L.72 purposes of this article. S.B.35 (4) The term "subdivider" or "developer" means any person, firm, partnership, joint venture, association, or corporation who shall part- icipate as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision. (5) The term "planning commission" shall mean either a planning com- mission, or in a county where there is no planning commission, the board of county commissioners shall act in lieu thereof. (6) "Subdivision improvements agreement" means one or more security arrangements which may be accepted by a county to secure the construction of such public improvements as are required by county subdivision regul- ations within the subdivision and shall include collateral , such as, but not limited to, performance or property bonds, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, deposit of certified funds, or other similar surety agreements. (7) "Sketch plan" means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning. (8) "Preliminary plan" means the map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of L.72 the proposal prior to detailed engineering and design. S.B.35 (9) "Plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instru- ment for recording of real estate interests with the county clerk and recorder. (10) "Evidence" means any map, table, chart, contract, or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition, which evidence must be rele- vant and competent and must support the position maintained by the sub- divider. (11 ) "Disposition" means a contract of sale resulting in the trans- fer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing. 106-2-34. Subdivision regulations.-(l ) Every county in the state which does not have a county planning commission on July 1 , 1971 , shall create a county planning commission in accordance with the provisions of section 106-2-2. Every county planning commission in the state shall develop, propose and recommend subdivision regulations, and the board L.72 of county commissioners shall adopt and enforce subdivision regulations S.B.35 for all land within the unincorporated areas of the county in accor- dance with this section not later than September 1 , 1972. Before finally adopting any subdivision regulations, the board of county commissioners shall hold a public hearing thereon, and at least thirty days' notice -20- of the time and place of such hearing shall be given by at least one u publication in a newspaper of general circulation in the county. Be- fore adopting any such subdivision regulations, the board of county com- missioners may revise, alter, or amend any such subdivision regulations • developed, proposed, or recommended by the county planning commission. In the event the board of county commissioners of any county in the state has not adopted subdivision regulations by September 2, 1972, then and in such event, the land use commission may promulgate such sub- division regulations for such areas of the county for which no sub- L.72 division regulations exist. Such subdivision regulations shall be in S.B.35 full force and effect, and enforced by the board of county commissioners. If at any time thereafter the board of county commissioners adopts its own subdivision regulations for land within the unincorporated areas of the county, such regulations shall be no less stringent than the regul- ations promulgated by the Colorado land use commission under this sub- section (1) . All subdivision regulations, and all amendments thereto, adopted by a board of county commissioners shall be transmitted to the Colorado land use commission. (2) Prior to the adoption of the regulations referred to in this sec- tion, a public hearing shall be held thereupon in the county or counties in which said territory or any part thereof is situated. A copy of such regulations shall be certified by the commission and thereupon filed with the county clerk and recorder of the county in which said territory is situated. (3) (a) Subdivision regulations adopted by a board of county commis- sioners pursuant to this section shall require subdividers to submit to the board of county commissioners data, surveys, analyses, studies, plans, and designs, in the form prescribed by the board of county com- missioners, of the following items: (b) Property survey and ownership; (c) (i) Relevant site characteristics and analyses applicable to the proposed subdivision including the following, which shall be submitted by the subdivider with the sketch plan; (ii) Reports concerning streams, lakes, topography, and vegetation; (iii) Reports concerning geologic characteristics of the area sign- ificantly affecting the land use and determining the impact of such characteristics on the proposed subdivision; L. 72 (iv) In areas of potential radiation hazard to the proposed future 5.8.35 •• land use, these potential radiation hazards shall be evaluated; (v) Maps and tables concerning suitability of types of soil in the proposed subdivision, in accordance with the national cooperative soil survey; (d) (i) A plat and other documentation showing the layout or plan of development, including where applicable, the following information: (ii) Total development area; (iii) Total number of proposed dwelling units; (iv) Total number of square feet of proposed nonresidential floor space ; (v) Total number of proposed off-street parking spaces, excluding those associated with single family residential development; -21- ,• (vi) Estimated total number of gallons per day of water system re- quirements where a distribution system is proposed; (vii) Estimated total number of gallons per day of sewage to be treated where a central sewage treatment facility is proposed, or sewage disposal means and suitability where no central sewage treat- ment facility is proposed; (viii) Estimated construction cost and proposed method of finan- . cing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the developer by the county; (e) (i) Adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision pro- posed. Such evidence may include, but shall not be limited to: (ii) Evidence of ownership or right of acquisition of or use of existing and proposed water rights; (iii) Historic use and estimated yield of claimed water rights; (iv) Amenability of existing rights to a change in use; (v) Evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water avail- able for use within the subdivision and the feasibility of extending service to that area; (vi) Evidence concerning the potability of the proposed water sup- L.72 ply for the subdivision. S.B.35 (4) (a) Subdivision regulations adopted by the board of county011) Q commissioners pursuant to this section shall also include, as a minimum, provisions governing the following matters: (b) (i) Sites and land areas for schools and parks when such are reasonably necessary to serve the proposed subdivision and the future residents thereof. Such provisions may include: (ii) Reservation of such sites and land areas, for acquisition by the county; (iii) Dedication of such sites and land areas to the county, or the public; or in lieu thereof, payment of a sum of money not exceeding the full market value of such sites and land areas. Any such sums, when required, shall be held by the board of county commissioners for the acquisition of said sites and land areas; (iv) Dedication of such sites and land areas for the use and benefit of the owners and future owners in the proposed subdivision. (c) Standards and technical procedures applicable to storm drain- age plans and related designs, in order to insure proper drainage ways; (d) Standards and technical procedures applicable to sanitary sewer plans and designs, including soil percolation testing and re- quired percolation rates and site design standards for on-lot sewage disposal systems when applicable; (e) Standards and technical procedures applicable to water systems. (5) No subdivision shall be approved under section 106-2-9(3) and (4) until such data, surveys, analyses, studies, plans, and designs as may be required by this section and by the county planning commission or the board of county commissioners have been submitted, reviewed, i -22- and found to meet all sound planning and engineering requirements of fir/ the county contained in its subdivision regulations. (6) (a) On and after June 1 , 1972, no board of county commissioners shall approve any preliminary plan or final plat for any subdivision located within the county unless the subdivider has provided the • following materials as part of the preliminary plan or final plat subdivision submission: (b) Evidence to establish that definite provision has been made for a water supply that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed; (c) Evidence to establish that, if a public sewage disposal system is proposed, provision has been made for such system and, if other , method or methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the preliminary plan or L.72 final plat; S.B. 35 (d) Evidence to show that all areas of the proposed subdivision which may involve soil or topographical condition- Presenting hazards or requiring special precautions have been identified by the sub- divider and that the proposed uses of these areas are compatible with such conditions. (7) The board of county commissioners shall send a copy of the pre- liminary plan or final plat submission to the Colorado land use com- mission upon receipt of said subm'. ;sion. (8) Upon adoption and transmittal of subdivision regulations by the board of county commissioners in accordance with this section, and up- on a finding by the Colorado land use commission that such subdi- vision regulations are in compliance with this section, the provisions of subsection (7) of this section shall no longer apply, and the Col- orado land use commission shall so notify the board of county com- missioners. 106-2-35. Telecommunications research facilities of the United States-inclusions in planning and zoning.-Any zoning plan, modifi- cation thereof, or variance therefrom, adopted or granted under this L.69 article on or after April 23, 1969, shall comply with the require- ments of article 26 of chapter 36, C.R.S. 1963. 106-2-36. Safety glazing materials.-The board of county commis- • sioners of each county in the state shall adopt standards governing the use of safety glazing materials for hazardous locations in -the un- incorporated areas of the county, which standards shall be no less stringent than the provisions of sections 80-2-17 to 80-2-21 , C.R.S. 1963. No building permit shall be issued for the construction, re- L.71 construction, or alteration of any structure in the unincorporated area of such county unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The county building inspector shall inspect all places not inspected by the division of labor under the provisions of sections 80-2-17 -23- to 80-2-21 , C.R.S. 1963, to determine whether such places are in com- IL.71 l._.. p1 lance with the standards for the use of safety glazing materials. 106-2-37. Referral and review requirements.-(1) (a) Upon receipt • of a complete preliminary plan submission, the board of county com- missioners or its authorized representative shall distribute copies of prints of the plan as follows: (b) To the appropriate school districts; (c) To each county or municipality within a two-mile radius of any portion of the proposed subdivision; (d) To any utility, local improvement and service district, or ditch company, when applicable; (e) To the Colorado state forest service, when applicable; (f) To the appropriate planning commission; (g) To the local soil conservation district board or boards with- in the county for explicit review and recommendations regarding soil suitability and flooding problems. Such referral shall be made even though all or part of a proposed subdivision is not located within the boundaries of a conservation district; (h) When applicable, to the county, district, regional , or state department of health, for their review of the on-lot sewage disposal reports, for review of the adequacy of existing or proposed sewage treatment works to handle the estimated effluent, and for a report on the water quality of the proposed water supply to serve the subdivision (i) When applicable, to the state engineer for an opinion regarding ,^ material injury to decreed water rights, historic use of and estimated "72 water yield to supply the proposed development, and conditions assoc- s.;.35 iated with said water supply evidence. The state engineer shall con- sider the cumulative effect of on-lot wells on water rights and existing wells; (j) To the Colorado geological survey for an evaluation of those geologic factors which would have a significant impact on the pro- posed use of the land. (2) The agencies named in this section shall make recommendations within twenty-four days after the mailing by the county or its author- ized representative of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the board of county commissioners of the county in which the subdivision • area is located. The failure of any agency to respond within twenty- four days or within the period of an extension shall for the purpose of the hearing on the plan be deemed an approval of such plan, except - that where such plan involves twenty or more dwelling units, a school district shall be required to submit within said time limit specific recommendations with respect to the adequacy of school sites. (3) The provisions of this article shall not modify the duties or enlarge the authority of the state engineer or the division engineers, nor divest the water courts of jurisdiction over actions concerning water right determinations and administration; neither shall any opinion of the state engineer submitted under subsection (l) (i) of this section, nor any finding by a board of county commissioners Al -24- concerning. cubdivision water supply matters create any presumption con- cerning injury or noninjury to water r!;bts. and neither the state engineer's opinion nor the county commissioners' finding may be used as evidence in any administrative proceeding or in any judicial pro- ceeding concerning water right determinations or administration. (4) Each month the board of county commissioners or their appointed representative shall transmit to the Colorado land use commission copies L.72 of the notice of filing and a summary of information of each subdivisionS.$ 35 preliminary plan and plat submitted to them together with a report of each exemption granted by the board of county commissioners pursuant to subsection (3) (d) of section 106-2-33, on such form as may be prescribed by the Colorado land use commission. 106-2-38. Guarantee of public improvements.-(1) (a) No final plat shall be recorded until the subdivider has submitted and the board of county commissioners has approved, one or a combination of, the follow- ing: (b) A subdivision improvements agreement agreeing to construct any required public improvements shown in the final plat documents together with collateral which is sufficient, in the judgment of said board, to make reasonable provision for the completion of said improvements in accordance with design and time specifications, or; (c) Other agreements or contracts setting forth the plan, method, and parties responsible for the construction of any required public improve- ments shown in the final plat doruments which, in the judgment of said board, will make reasonable provision for completion of said improve- U.72 ments in accordance with design and time specifications. S. B. )5 (2) As improvements are completed, the subdivider may apply to the board of county commissioners for a release of part or all of the collateral deposited with said board. Upon inspection and approval , the board shall release said collateral . If the board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the board of county commission- ers determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the board of county commissioners may withdraw and employ from the deposit of col- lateral such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. -25- CHAPTER 106 ARTICLE 3 Division of Planning • Contents: 106-3-1 . Purpose of article 27 106-3-2. Division of planning-creation 27 • 106-3-3. Duties of the division of planning 28 • 106-3-4. Population statistics, estimates, and projections 28 106-3-5. Assistance to local planning agencies 29 106-3-6. Executive director-final authority 29 106-3-7. Transfer of employees and property-reference in contracts, documents 29 106-3-8. Transfer and appropriation of funds 30 106-3-9. Assistance to local planning agencies 30 105-3-10. Governor-final authority - 30 106-3-11 . Capital construction requests 30 106-3-12. Transfer of employees and property-reference in contracts, documents 30 106-3-13. Transfer and appropriation of funds 31 106-3-14. Effective date 31 n C -26- CHAPTER 106 ARTICLE 3 Division of Planning 106-3-1 . Purpose of article.-The purpose of this article and the in- • tent of the general assembly in enacting this article is to provide for planning which is essential to the orderly growth and development of the state; to promote the general welfare of the citizens and to effec- tuate a balanced program for the employment of natural and other re- sources of the state; to prepare planning for meeting problems in the areas of highways, air and water pollution, water supplies, sewage dis- L.71 posal , recreation, urban and nonurban growth, transportation, education, industrial and commercial development, and related matters; and to se- cure, through planning, the economical and efficient expenditures of the state's revenue. The general assembly further declares that such planning can best be accomplished by the creation of a division of planning as provided in this article. 106-3-2. Division of planning-creation.-(1) There is hereby cre- ated within the department of local affairs a division of planning, the head of which shall be the director of the division of planning, which office is hereby created. The director shall be appointed by the execu- tive director of the department of local affairs, referred to in this (Ed. article as the "executive director", subject to the provisions of section 13 of article XII of the state constitution, and such director shall be qualified by training or experience in planning and capital programming. The director shall appoint the necessary staff of his division in ac- cordance with the provisions of section 13 of article XII of the state constitution. (2) The division of plarnir-g and the office of the director thereof shall exercise their powers and perform their duties and functions spec- ified by this article under the department of local affairs and the exec- utive director thereof, as if the same were transferred to the depart- 1.7; ment by a type 2 transfer, as such transfer is defined in the "Admin- istrative Organization Act of 1968", article 28 of chapter 3, C.R.S. 1963. (3) (a) The director of the division of planning shall : (b) Exchange reports and data which relate to state planning with other departments, institutions, and agencies of the state, and on a mu- tually agreed bzsis with towns, cities, cities and counties, and counties , and other local agencies and instrumentalities; (c) Attend and participate in meetings of county, municipal , or re- gional planning bodies, interstate agencies, and other planning confer- ences; (d) Advise the governor and the general assembly on all matters of statewide planning, and consult with other offices of state government with respect to matters of planning affecting the duties of their of- fices; recommend to the governor and the general assembly any propos- if als for legislation affecting local , regional , or state planning; and; -27- (e) Exercise all other powers necessary and proper for the dis- !� charge of his duties and to carry out the intent of this article, �L.71 including the coordination of the provisions of article 2 of this chapter. 106-3-3. Duties of the division of planning.-(1) (a) The division of planning shall : (b) Function as an advisory and coordinating agency; (c) Stimulate and assist the planning activities of other depart- ments, institutions, and agencies, and of regional , county, and municipal planning authorities and harmonize its planning activities with theirs; (d) Participate in comprehensive interstate planning and other ac- tivities related thereto; (e) Provide planning assistance upon request to any town, city, city and county, county, regional area, or any group of adjacent com- munities having common or related planning problems; and whenever such assistance includes the rendering of technical services, such service may be rendered without charge, or upon advance agreement shall be rendered with reimbursement; (f) Make studies and inquiries relevant to state planning of the resources of the state and of the problems of agriculture, industry, commerce, as well as population and ur'.an growth, local government, and related matters affecting the development of the state; L.71 (g) Provide information to and cooperate with the general assembly or its committees concerned with studies relevant to state planning; ems (h) Prepare, and from time to time revise, an inventory, in col- laboration with the appropriate state and federal agencies, of the public and private natural resources, of major public and private works, and of other facilities and information which are deemed of importance in planning for the development of the state; (i) Advise and supply available information to civic groups and other organizations that concern themselves with state or local plan- ning problems and community development; (j) Provide information to the citizens of Colorado and to offic- ials of state departments and local agencies to foster an awareness and an understanding of the functions of state, regional , and local planning; (k) Accept and receive grants and services from the federal govern- ment, other state agencies, local governments, and from private and civic sources; (1 ) Act as reviewing authority or otherwise provide cooperative services under any federal-state planning programs. 106-3-4. Population statistics, estimates, and projections.- (1) The division of planning is hereby designated as the primary state agency of demographic information. Said office shall prepare, main- L.71 tain, and interpret such population statistics, estimates, and pro- jections as the director of the division of planning shall direct, elmS -28- rC including distributions of the state's population by significant group- ings, such as school and college age populations, political subdivision populations, and racial and ethnic populations. (2) Other agencies of the state government may prepare and maintain any such information but only as authorized by the director of the • division of planning. (3) The division of planning shall cooperate with and give assis- L.71 tance to other agencies and organizations, both public and private, in the preparation, maintenance, and interpretation of demographic informa- tion. (4) The director of the division of planning shall annually invite other agencies and organization, both public and private, that engage in demographic studies, to review the basic demographic assumptions and premises of the division of planning to the end that its statistics, estimates, and projections will be as accurate as possible. 106-3-5. Assistance to local planning agencies.-The division of plan- ning may upon request render financial or other planning assistance to county, municipal , or regional planning agencies or commissions in ac- L.71 cordance with federal programs or state stet. ' s as may from time to time be in effect. 106-3-6. Executive director-final authority.-The final authority and decision in all matters of state planning under this article are hereby fL.71 vested in the executive director. C1/4r/ 106-3-7. Transfer of employees and property-reference in contracts, documents.-(1 ) On July 1 , 1971 , all employees of the state planning office whose principal duties are concerned with the planning functions provided in this article and whose employment in the division of plan- ning shall be deemed necessary by the executive director to carry out the purposes of this article, shall be transferred to the division of planning and sh=11 become employees of the division of planning. In the event that the operation of this article results, by reason of • such transfer of functions, in the discontinuance of employment of any employee certified to a position in the state planninj office, such employee shall retain his state personnel system rights in accordance with the rules and regulations of the state personnel board. (2) On July 1 , 1971 , all property, including office furniture and L.71 fixtures, and books, documents, and records, which were principally used for and pertain to the duties and functions hereby transferred to the division of planning from the state planning office, shall be transferred to and become the property of the division of planning. (3) Whenever the state planning office is referred to or designated by any contract or other document in connection with the duties and functions hereby transferred, such reference or designation shall be deemed to apply to the division of planning. All contracts entered in- to by the state planning office prior to July 1 , 1971 , in connection / C with the duties and functions transferred to the division of planning by this article, are hereby validated, with the division of planning -29- succeeding to all the rights and obligations of such contracts. Any appropriation of funds from prior fiscal years open to satisfy obli- gations incurred under such contracts are hereby transferred and ap- L.71 propriated to the division of planning for the payment of such obli- gations. 106-3-8. Transfer and appropriation of funds.- All moneys appro- priated for fiscal 1971-72 for the payment of expenses of the state planning office for those activities transferred by this article to the division of planning, or so much thereof as may be necessary, are L.71 hereby transferred and appropriated for the payment of the operating costs of the division of planning for and during the fiscal year beginning July 1 , 1971 . 106-3-9. Assistance to local planning agencies.-The state planning office may upon request render financial or other planning assistance to county, municipal , or regional planning agencies or commissions in L.67 accordance with federal programs or state statutes as may from time to time be in effect. 106-3-10. Governor-final authority.-The final authority and de- cision in all maters of state planning under this article are hereby L.67 vested in the governor. 106-3-11 . Capital construction requests.-All departments, instit- utions, and agencies which intend to submit a request to the governor and the general assembly for funds for capital construction as de- fined in section 3-3-10, C.R.S. 1963, as amended, except as to pro- L.67 jects submitted exclusively under the definition set out in section 3-3-10 (1) (f) , C.R.S. 1963, shall discuss such project with the co- ordinator of state planning prior to July 1 of each year. 106-3-12. Transfer of employees and property-reference in contracts' documents.-(1) On July 1 , 1967, all employees of the section of plan-i ping of the division of commerce and development whose principal duties are concerned with the planning functions provided in this article and whose employment in the state planning office shall be deemed necessary by the governor to carry out the purposes of this article, shall be transferred to the state planning office and shall become employees of the state planning office. In the event that the operation of this article results, by reason of such transfer of L.67 functions, in the discontinuance of employment of any employee cert • - ified to a position in the division of commerce and development, such employee shall retain his civil service rights in accordance with the rules and regulations of the civil service commission. (2) On July 1 , 1967, all property, including office furniture and fixtures, and books, documents, and records, which were principally used for and pertain to the duties and functions hereby transferred to the state planning office from the section of planning of the division of commerce and development, shall be transferred to and © Al -30- become the property of the state planning office. (3) Whenever the division of commerce and development is referred to or designated by any contract or other document in connection with the duties and functions hereby transferred, such reference or desig- nation shall be deemed to apply to the state planning office. All contracts entered into by the division of commerce and development prior to July 1 , 1967 in connection with the duties and functions trans- L.67 • ferred to the state planning office by this article are hereby validated, with the state planning office succeeding to all the rights and obli- gations of such contracts. Any appropriation of funds from prior fis- cal years open to satisfy obligations incurred under such contracts arc hereby transferred and appropriated to the state planning office for the payment of such obligations. 106-3-13. Transfer and appropriation of funds.-All moneys appropriated for fiscal 1967-68 for the payment of expenses of the section of plan- ning and that portion of appropriations made to the division of com- merce and development for those activities transferred by this article 1.67 to the state planning office, or so much thereof as may be necessary, are hereby transferred and appropriated for the payment of the operating costs of the state planning office for and during the fiscal year be- ginning July 1 , 1967. 106-3-14. Effective date.-This article shall take effect July 1 , 1967. 11.67 • (® -31- CHAPTER 106 ARTICLE 4 Colorado Land Use Act (S.B. 11 of 1970 and S.B. 91 of 1971 ) Contents: 106-4-1 . Legislative declaration-short title 33 106-4-2. Establishment of commission 33 106-4-3. Duties of the commission-temporary emergency power 34 106-4-4. Model resolutions-subdivisions-improvement notices 36 106-4-5. Appropriation 37 106-4-6. Safety clause 37 -32- C CHAPTER 106 ��E7J ARTICLE 4 Colorado Land Use Act (S.B. 11 of 1970 and S.B. 91 of 1971) 106-4-1 . Legislative declaration-short title.-(l) The general assem- bly finds and declares that the rapid growth and development of the state and the resulting demands on its land resources make new and innovative measures necessary to encourage planned and orderly land use development; to provide for the needs of agriculture, forestry, industry, business, residential communities, and recreation in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to conserve soil , water, and forest resources; to protect the beauty of the landscape; and to promote the efficient and economical use of public resources. The general assembly further finds and declares that there is an increasing mutuality of in- terest and responsibility between the various levels of government in the state which calls for coordinate and unified policies in planning for growth and development in the interests of order and economy, and that the most effective means of attaining the objects set forth in this article is the adoption of the statewide system of land use. (2) In order to provide the leadership necessary to meet the objectives of this article, the general assembly authorizes the Colorado land use commission to develop and hold hearings upon state land use plans and maps and related implementation techniques. It is the intent of the gen- eral assembly that land use, land use planning, and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the en- vironment of the state. (3) This article may be cited as the "Colorado Land Use Act". 106-4-2. Establishment of commission. (1 ) (a) There is hereby es- tablished, within the office of the governor, the Colorado land use com- mission, hereinafter called the "commission". The commission shall con- sist of nine members who shall be appointed in the manner and shall serve for terms as set forth in this section. The commission shall assume its duties June I , 1970, and all terms of commission members shall commence on that date. (b) Five members shall be appointed by the governor, including one each from the present area of the first, second, and third congressional districts and two from the fourth congressional district, one of whom shall reside east of the continental divide and one west of the divide, but no more than three members shall be from any one major political party. The terms of office of the members appointed under this paragraph (b) shall be five years, except that of the members appointed to take office on June 1 , 1970, one shall be appointed for a one-year term, one shall be appointed for a two-year term, one shall be appointed for a three-year term, one shall be appointed for a four-year term, and one shall be ( -33- I s. appointed for a five-year term. Any vacancies shall be filled by appoint- f1 ment of the governor for the unexpired term. (c) The governor shall also appoint four members who shall serve at his pleasure, one of whom shall reside in southwest Colorado and one in northwest Colorado. (2) The commission shall elect a chairman from amoog its members. The members shall receive no compensation for their service on the com- mission but shall be reimbursed for their actual and necessary expenses in- curred in the performance of their duties. (3) The commission is authorized to utilize its own staff or to contract for services in the performance of its duties. The departments and agencies of state and local government shall make available to the commission such data and information as are necessary for it to perform its duties. The commission may receive and utilize funds from federal or other govern- mental agencies and grants and gifts from any other sources. It shall adopt rules for its conduct and maintain a public record of its activities, accomplishments, and recommendations. 106-4-3. Duties of the commission-temporary emergency power.-(1) (a) In order to carry out the purposes of this article, the commission is authorized and directed to develop, hold hearings upon, and submit to the general assembly a progress report by February 1 , 1972, an interim plan by September 1 , 1972, and a final land use planning program by December 1 , 1973. All such submittals shall relate to a total land use planning program for the state of Colorado and shall include related im- plementation techniques, which may include but need not be limited to an !al) environmental matrix, management matrix, growth monitoring system, and im- pact model . In developing the land use planning program, the commission shall utilize and recognize to the fullest extent possible, all existing uses, plans, policies, standards, and procedures affecting land use at the local , state, and federal levels and particularly note where, in its opinion, deficiencies exist. The land use planning program shall also specify development policy and procedures for the future. (b) In developing its land use planning program, the commission shall recognize that the decision-making authority as to the character and use of land shall be at the lowest level of government possible, consistent with the purposes of this article. In this regard, the commission may establish criteria by which land use management problems will be classi- fied as matters of state concern, matters of regional concern, matters of local concern, or such other classification as the commission may deem necessary and proper. Furthermore, the commission shall specifically in- clude in its land use planning program the roles, responsibilities, and ' authority of the various levels and agencies of government. (c) The commission shall appoint, with approval of the governor, and consult with an advisory committee in the preparation of the land use planning program. Such advisory committee shall exist until January 10, 1974, and shall include, but need not be limited to, one representative of each of the following interests: Utilities, communication, trans- portation, petroleum, municipal government, county government, regional G -34- { 3 son %la planning commissions, conservation, livestock, construction, Negro com- munity, Mexican-American community, mining, industrial , agriculture, land development, recreation, timber, real estate, and water, but at least one member of the advisory committee shall be appointed from each planning region of the state designated by the division of planning. (d) Four members of the general assembly shall also be appointed to • the advisory committee to the commission to serve to January 10, 1974. Two members shall be appointed by the speaker of the house of repre- • sentatives, one member from each of the two major political parties; and two members shall be appointed by the president of the senate, one member from each of the two major political parties. (e) In the preparation of the land use planning program, the commis- sion shall hold such public hearings as it deems necessary, but in any event at least one meeting shall be held in each planning region of the state designated by the division of planning. (f) (i) In order that environmental and ecological factors may be given equal consideration to technical factors in the site selection of ath- letic events for the winter olympic games of 1976, the commission may: (ii) Cooperate with the Denver organizing committee for the 1976 olympics, incorporated, the United States olympic committee, and the inter- national d ympic committee in the site selection for the olympic events; (iii) Cooperate and contract with any other state agency created by law to participate in planning the olympics; (iv) Accept, on behalf and in the name of the state, gifts, donations, and grants, including grants of federal funds, for any purpose connected (9 with the goals of this section. The commission shall have the power to direct the disposition of any such gift, donation, and grant so accepted for any purpose consistent with the terms and conditions under which given. (g) (i) The basic duties and responsibilities of the commission re- garding the 1976 winter olympics shall be the evaluation of community impacts and other considerations related thereto, potential land con- sumption rates, and public investment programming and planning; and the commission shall designate to'the governor the general and specific in- formation necessary for the commission to perform its duties, and the governor shall require the Denver organizing committee or any state or other agency to furnish or agree to furnish such information before the governor approves the payment of any state moneys to such committee or agency. • (ii) Specific recommendations and implementation measures developed by the commission shall be transmitted with adequate supporting materials to the governor and the general assembly for their action. (iii) The commission 'shall cooperate and consult with local officials in communities in which the olympic events are to be located to develop land use controls and insure that they are adequate to protect the en- vironment. (h) In the event local municipalities or counties in which the olympic events are to be located fail to provide land use controls with adequate environmental safeguards, the land use commission, upon the recommendation of the governor, may take steps to establish adequate land use regulations. ( C -35- (2) (a) Whenever in the normal course of its duties as set forth in this article the commission determines that there is in progress or proposed a fir+ land development activity which constitutes a danger of irreparable ' injury, loss, or damage of serious and major proportions to the public health, welfare, or safety, the commission shall immediately give written notice to the board of county commissioners of each county involved of the pertinent facts and dangers with respect to such activity. If the said board of county commissioners does not remedy the situation within • a reasonable time, the commission may request the governor to review such facts and dangers with respect to such activity. If the governor grants such request, such review shall be conducted by the governor at a meeting with the commission and the boards of county commissioners of the counties involved. If, after such review, the governor shall de- termine that such activity does constitute such a danger, the governor may direct the commission to issue its written cease and desist order to the person in control of such activity. Such order shall require that such person immediately discontinue such activity. If such activity, notwithstanding such order, is continued, the commission may apply to any district court of this state in which such activity is located for a temporary restraining order, preliminary injunction, or permanent in- junction, as provided for in the Colorado rules of civil procedure. Any such action shall be given precedence over all other matters pending in such district court. The institution of such action shall confer upon said district court exclusive jurisdiction to determine finally the subject matter thereof. (b) In the event the commission issues such cease and desist order, or a district court issues such a temporary restraining order, preliminary injunction, or permanent injunction, the commission shall then proceed immedaitely to establish the-planning criteria necessary to eliminate or avoid such danger. The appropriate local governmental agency or agencies shall then take immediate action to implement the aforementioned plan- ning criteria. (c) Where such a land development activity is located wholly within a city, city and county, or town, the city council or board of trustees shall have such jurisdiction and be subject to such requirements of this subsection (2) as are otherwise applicable to the board of county com- missioners. 106-4-4. Model resolutions-subdivisions-improvement notices.- (1 ) The Colorado land use commission shall , after consultation with its advisory committee, develop model resolutions to serve as guidelines for county planning commissions in developing the subdivision regulations required -by 2 section 106-2-34. Such resolutions shall be developed prior to January 1 , 1972. Such model resolutions shall include provisions for criteria, standards, technical processes, and operational procedures as required by section 106-2-34, or as may be required by any other law setting or auth- ,n A orizing state standards for subdivisions. — co-O (2) The Colorado land use commission shall , after consultation with its • m advisory committee, develop model resolutions to serve as guidelines for %„ n county commissioners in developing improvement notice regulations. Any sucF . - a v `c ° 1 -36- t . improvement notice regulations shall not apply to areas within incorporated m C1 areas of a county or to unincorporated areas of a county in which building permits are required. In addition, improvement notice regulations shall m exempt from the provisions thereof minor or nominal improvements, additions, n remodeling, or dwellings which do not alter the existing land use and are incident thereto. N (3) For the purpose of aiding the land use commission in the gathering of • • information, every county in the state, through its board of county commis- sioners, shall develop, adopt, and enforce improvement notice regulations for all the land within the unincorporated areas of the county not later than January 1 , 1972. Such regulations shall not apply to any unincorporated area in which building permits are required. In addition, improvement notice regulations shall exempt from the provisions thereof minor or nominal im- provements, additions, remodeling, or dwellings which do not alter the existing land use and are incident thereto. Copies of such improvement notices or building permits shall be supplied to the lard use .commission so that it may perform its duties and responsibilities under article 4 of this chapter. The land use commission may prescribe summary forms which can be submitted to it in lieu of copies of such notices or permits. (4) (a) The land use commission shall , after consultation with its ad- visory committee, develop model res-;':tions to serve as guidelines for county commissioners, city councils, town boards and srecial districts and authorities in developing land uses and construction controls within designated floodways. (b) The commission shall , in its progress report, due February 1 , 1972, ( designate critical areas in the state where a one hundred-year (storm re- turn frequency) floodway should be identified and shall aid the state agencies and local governments having jurisdiction over such critical areas in adopting a program for such identification. The purpose of identifying a floodway is to insure that life and property are protected, that the expenditure of public funds to clean up flood damage is kept to a minimum, that a high volume of water runoff can be accommodated, and that impediments to this flow are held to a minimum. The commission shall designate critical conservation and recreation areas and recommend state involvement in land use in such areas. (c) The commission shall include a report on land uses and construction within floodways in its interim and final land use planning programs. 106-4-5. Appropriation.-In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to the office of the governor for allocation to the Colorado land use commission, for the fiscal year beginning July 1 , 1971 , the sum of two hundred eighty-two thousand two hundred sixty dollars ($282,260) , or so much thereof as may be necessary, for the administration of article 4 of chapter 106, C.R.S. 1963. 106-4-6. Safety clause.-The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. -37- CHAPTER 106 ARTICLE 5 Planning Aid to Local Governments (S. B. 93 of 1971 ) Contents: 106-5-1 . Short title 39 106-5-2. Legislative declaration 39 106-5-3. Planning fund-qualification 39 • 106-5-4. Reimbursement 39 Ee. Q -38- CHAPTER 106 ARTICLE 5 Planning Aid to Local Governments (S. B. 93 of 1971) 106-5-1 . Short title.-This article shall be known and may be cited as the "Colorado Planning Aid Fund Act". 106-5-2. Legislative declaration.-The general assembly finds and de- • Glares that the rapid growth and development of the state has resulted in demands for land use planning not only statewide but also in cities, towns, counties, and regions throughout the state; that certain of these units of local government may not be financially able adequately to plan for the de- mands of such growth; and that in order to provide for necessary planning assistance to such units of local government, it is the intention of the general assembly to establish a state-local government planning aid fund. 106-5-3. Planning fund-qualification.-(I ) There is hereby created in the office of the state treasurer the state-local government planning aid fund. There shall be credited to said fund such moneys as may, from time to time, be appropriated by the general assembly for purposes of this article. (2) (a) Moneys in the state-local government planning aid fund shall be available to municipalities, counties, and regional planning agencies which: (b) Are located in areas designated by the Colorado land use commission as areas of critical planning need; (c) Have been designated by the Colorado land use commission as in need of planning funds; and (d) Have submitted and agreed to a specific work program, including an estimated total cost, for the use of planning funds which has been ap- proved by the Colorado land use commission. (3) In no event shall any municipality, county, or regional planning agency receive from said planning aid fund, nor shall the Colorado land use commission or the state become liable for, any moneys in an amount in excess of two-thirds of the estimated total costs of any specific work pro- gram approved by the Colorado land use commission. (4) (a) The Colorado land use commission may designate as an area of critical planning need any area in the state which is experiencing the lack of land use plans to provide adequately for its planning needs and in which the Colorado land use commission finds: (b) Problems related to inadequate land use planning, such as over- 'taxed utilities, traffic congestion, water pollution, poor accessibility, or natural or man-made hazardous circumstances; or (c) Land development forces which may have a significant impact on the area, require extensive public investment, or represent an adverse effect upon a natural resource. 106-5-4. Reimbursement.-(1) Any municipality, county, or regional planning agency which has received approval from the Colorado land use commission under section 106-5-3 and has also received the approval of -39- the governor, shall receive planning aid funds not to exceed two-thirds of the estimated total actual costs which will be incurred in carrying out an approved work program. (2) The state-local planning aid fund shall be administered by the Colorado land use commission, which shall authorize payments to munici- palities, counties, and regional planning agencies on the basis of vou- chers approved by the Colorado land use commission. (3) The Colorado land use commission shall review the progress of all work programs on a monthly basis according to procedures prescribed by the commission. Payments shall be made on the basis of the work com- pleted a; prescribed by the commission, either by full payment for the first two-thirds of the estimated total actual costs that are incurred, or by two-thirds payment of all estimated total actual costs that arc incurred. Any right to payments under this section shall in any event whatsoever, be subject to the limitations of section 106-5-3 (3) • (4) The state-local government planning aid fund may receive and utilize gifts ar,d grants from private or federal or other governmental sources in addition to moneys appropriated by the general assembly. em) s -40- CHAPTER 106 ARTICLE 6 Planned Unit Development Act of 1972 (H. B. 1103) Contents: 106-6-1 . Short title 42 106-6-2. Legislative declaration 42 106-6-3. Definitions 42 106-6-4. Implementation of article 43 106-6-5. Standards and conditions for planned unit development 44 106-6-6. Enforcement and modification of provisions of the plan 45 106-6-7. Application and construction of article 46 106-6-8. Model resolutions-subdivisions-improvement notices 47 C1 • (,ice✓ -41- C (^ CHAPTER 106 ARTICLE 6 Planned Unit Development Act of 1972 (H. B. 1103) 106-6-1 . Short title.-This article shall be known and may be cited as the "Planned Unit Development Act of 1972". 106-6-2. legislative declaration.-(1) (a) In order that the public health, safety, integrity, and general welfare may be furthered in an era of increasing urbanization and of growing demand for housing of all types and design, the powers set forth in this article are granted to all counties and municipalities for the following purposes: (b) To provide for necessary commercial , recreational , and educational facilities conveniently located to such housing; (c) To provide for well located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities; (d) To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of the zoning laws; (e) To encourage innovations in residential , commercial , and industrial Cdevelopment and renewal so that the growing demands of the population ♦•r may be met by greater variety in type, design, and layout of buildings and by the conservation and-more efficient use of open space ancillary to said buildings; (f) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the tech- nology of land development so that resulting economies may enure to the benefit of those who need homes; (g) To lessen the burden of traffic on streets and highways; (h) To encourage the building of new towns incorporating the best features of modern design; (i) To conserve the value of the land; (j) To provide a procedure which can relate the type, design, and lay- out of residential , commercial , and industrial development to the partic- ular site, thereby encouraging preservation of the site's natural char- acteristics; and (k) To encourage integrated planning in order to achieve the above purpose. 106-6-3. Definitions.-(1) As used in this article, unless the context otherwise requires: (2) "Common open space" means a parcel or parcels of land, an area of water, or a combination of land and water within the site designated for a planned unit development, designed and intended primarily for the use or O -42- e) enjoyment of residents, occupants, and owners of the planned unit development. (3) "Plan" means the provisions for development of a planned unit development, which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of develop- ment, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space, and other public fac- ilities. "Provisions of the plan" means the written and graphic mater- . ials referred to in this definition. (4) "Planned unit development" means an area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial , educa- tional , recreational , or industrial uses, or any combination of the fore- going, the plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations. 106-6-4. Implementation of article.-(1 ) (a) Any county with respect to territory within the unincorporated portion of the county or any municipality with respect to territory within its corporate limits may authorize planned unit developments by enacting a resolution or ordinance which: (b) Refers to this article; (c) Includes a statement of obje-tives of development; (d) Designates the board, which may be a commission, board, or the governing body of the county or municipality, authorized to review planned unit development applications as set forth in this article; (e) Sets forth standards of development consistent with the provisions of section 106-6-5; (f) Sets forth the procedures pertaining to the application for, hearing on, and tentative and final approval of a planned unit develop- ment which shall afford procedural due process to interested parties. The resolution or ordinance shall establish maximum time periods within which any application shall be reviewed and approved, disapproved, or conditionally approved. At least one public hearing shall be held by the board designated pursuant to paragraph (d) of this subsection (1 ) prior to approval , disapproval , or conditional approval of a planned unit development. Public notice of the public hearing shall be given in the manner prescribed by section 106-2-15 or section 139-60-4, C.R.S. 1963, whichever is applicable, for the amendment of zoning resolutions and ordinances. Written notice of the public hearing shall be delivered or mailed, first-class postage prepaid, at least fifteen days prior to the public hearing to adjoining landowners. (g) Requires a finding by the county or municipality that such plan is in general conformity with any master plan or comprehensive plan for the county or municipality. (2) The enactment of the resolution or ordinance provided for in this section and the enactment of any amendment thereto shall be in accordance ( C -43- .y a with the procedures required for the adoption of an amendment to a zoning P—'` resolution or ordinance as prescribed by section 106-2-15 or section 139-60-5, C.R.S. 1963, whichever is applicable. 106-6-5. Standards and conditions for planned unit development.-(1) Every resolution or ordinance adopted pursuant to the provisions of this article shall set forth the standards and conditions by which a pro- ' posed planned unit development shall be evaluated, which shall be con- ' sistent with the provisions of this section. No planned unit development may be approved by a county or municipality without the written consent of the landowner or landowners whose properties are included within the planned unit development. (2) Such resolution or ordinance shall set forth the uses permitted in a planned unit development and the minimum number of units or acres which may constitute a planned unit development. - (3) Such resolution or ordinance may establish the sequence of develop- ment among the various types of uses. (4) Such resolution or ordinance shall establish standards governing the density or intensity of land use, or methods for determining such density or intensity, in a planned unit development. (5) Such resolution or ordinance shall specify information which shall be submitted with the planned unit development application to ensure full evaluation of the application, and the board designated pursuant to para- graph (d) of this subsection (1 ) may require such additional relevant in- formation as it may deem necessary. (6) (a) Such resolution or ordinance may provide standards for inclusion eel of common open space. (b) The ordinance or resolution may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space, or that other adequate arrangements for the owner- ship and maintenance thereof be made. (c) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned unit development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the county or municipality may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen days of the notice. At such hearing the county or municipality may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall he cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty days or any extension thereof, the county or municipality, in order to preserve the taxable values of the properties within the planned unit development and to prevent the com- mon open space from becoming a public nuisance, may enter upon said common ® open space and maintain the same for a period of one year. Said entry and -44- P maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the county or municipality shall , upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned unit development, to be held by the board designated by the county or municipality, at which hearing such organization or the residents of the planned unit development shall show cause why such maintenance by the county or municipality shall not, at the election of the county or munici- pality, continue for a succeeding year. If the board designated by the county or municipality shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the county or municipality shall cease to maintain said common open space at the end of said year. If the board designated by the county or municipality shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the county or municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. (d) The cost of such maintenance by the county or municipality shall be paid by the owners of properties within the planned unit development that have a right of enjoyment of the common open space, and any unpaid assess- ments shall become a tax lien on said properties. The county or municipality shall file a notice of such lien in the office of the county clerk and re- corder, upon the properties affected by such lien within the planned unit development, and shall certify such unpaid assessments to the board of W7 county commissioners and county treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes. (7) Design, construction, and other requirements applicable to a planned unit development may be different from or modifications of the requirements otherwise applicable by reason of any zoning or subdivision regulation, resolution, or ordinance of the county or municipality as long as such requirements substantially comply with the subdivision provisions of article 2 of chapter 106 or article 59 of chapter 139, C.R.S. 1963, whichever is applicable, and appropriate regulations promulgated thereunder. Sub- division regulations applicable to planned unit developments may differ from those otherwise applicable. 106-6-6. Enforcement and modification of provisions of the plan.- (1 ) To further the mutual interest of the residents, occupants, and owners of a planned unit development and of the public in the preservation of the integrity of the plan, the provisions of the plan relating to the use of land and the location of common open space shall run in favor of the county or municipality and shall be enforceable in law or in equity by the county or municipality without limitation on any powers or regulation otherwise granted by law. (2) All provisions of the plan shall run in favor of the residents, occupants, and owners of the planned unit development, but only to the extent expressly provided in the plan and in accordance with the terms of � ./ the plan, and, to that extent, said provisions, whether recorded by plat, �7 -45- covenant, easement, or otherwise, may be enforced at law or in equity by residents, occupants, or owners acting individually, jointly, or through an organization designated in the plan to act on their behalf. However, no provisions of the plan shall be implied to exist in favor of residents, occupants, and owners except as to those portions of the plan which have been finally approved. (3) (a) All those provisions of the plan authorized to be enforced by the county or municipality may be modified, removed, or released by the county or municipality, subject to the following: (b) No modification, removal , or release of the provisions of the plan by the county or municipality shall affect the rights of the residents, occupants, and owners of the planned unit development to maintain and enforce those provisions at law or equity as provided in subsection (I) of this section; (c) No substantial modification, removal , or release of the provisions of the plan by the county or municipality shall be permitted except upon a finding by the county or municipality, following a public hearing called and held in accordance with the provisions of section 106-6-4 (1 ) (f) , that the modification, removal , or release is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person; (d) Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove, or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the county or municipality to enforce the provisions of the plan. 106-6-7. Application and construction of article.-(1 ) The provisions of this article shall apply to home rule municipalities unless super- seded by charter or ordinance enactment. (2) Any county or municipality which has enacted prior to the effective date of this article a resolution or ordinance providing for planned unit developments may continue to follow the provisions established therein, and any amendments thereto, heretofore, or hereafter adopted, in lieu of electing to follow the provisions of this article. (3) Nothing in this article shall be construed to impair, affect, or invalidate any rights vested in connection with planned unit develop- ments for which applications were filed prior to the effective date of this article. (4) Nothing in this article shall be construed to waive the require- ments for substantial compliance by counties and municipalities with the subdivision requirements of article 2 of this chapter, and article 59 of chapter 139, C.R.S. 1963, respectively, and appropriate regulations promulgated thereunder. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable. In order to facilitate processing of applications, however, a county or municipality pursuant to resolution or ordinance may provide for concurrent or simul- taneous processing of planned unit development and subdivision applications. -46- (5) No county or municipality shall adopt pursuant to this article any resolution or ordinance which limits development exclusively to planned unit development districts. (6) This article shall be liberally construed in furtherance of the purposes of this article and to the end that counties and municipalities shall be encouraged to utilize planned unit developments. Enactment of this article by the general assembly is declared to be for the purpose of supplementing the provisions of article 2 of this chapter, and articles 59 and 60 of chapter 139, C.R.S. 1963, as the same relate to and authorize planned unit developments. 106-6-8. Model resolutions-subdivisions-improvement notices. The depart- ment of local affairs shall develop model resolutions and ordinances to serve as guidelines for counties and municipalities in enacting enabling resolutions and ordinances pursuant to this article. CS -47- a, Z. CHAPTER 118 f-.. REAL PROPERTY ARTICLE 8 Rules of Construction Contents: 118-3-1 . Purpose 49 118-8-2. Official name as part of signature 49 118-8-3. Building restrictions strictly construed 49 118-8-4. One year limitation 49 118-8-5. Death of trustee 50 118-3-6. When deed transferred before incorporation 50 118-8-7. When corporate existence expires 50 THERE ARE NO AMENDMENTS TO THIS SECTION, 1963-1972 • -48- THERE ARE NO AMEiJD; ENTS TO THIS SECTION, i%3-1972. CHAPTER 118 REAL PROPERTY ARTICLE 8 Rules of Construction 118-8-1 . Purpose.-It is the purpose and intention of articles 5 to 8 of this chapter to render titles to real property and every interest there- in, more secure and marketable, and it is hereby declared to be the policy in this state that this article and all other acts and laws concerning or affecting title to real property and every interest therein and all re- corded instruments, decrees and orders of court of record, including all proceedings in the suits or causes wherein such orders or decrees may have been entered or rendered, shall he liberally construed and with the end in view of rendering such titles absolute and free from technical defects, and so that subsequent purchasers and incumbrancers by way of mortgage, judg- ment or otherwise, may rely on the record title, and so that the record title of the party in possession shall be sustained and not be defeated by technical or strict constructions. 118-8-2. Official name as part of signature.-Where, from the body of an instrument, it is apparent that a person is conveying or is acting in some official or representative capacity, and the signature to the instru- ment omits the statement of the official or representative capacity it shall be presumed that the official or representative capacity is a part of the signature. 118-8-3. Building restrictions strictly construed.-Building restric- tions and all restrictions as to the use or occupancy of real property shall be strictly construed and restrictions which provide for the for- feiture or defeasance of title to or an interest in real property because of the violation of the restrictions on other real property, and if the par- cels of real property being owned by different persons or individuals, then and in that event the restrictions shall be construed as applying only to the property embraced in the restriction and owned by the party on whose property the violation of the restriction occurred• • 118-8-4. One year limitation.-No action shall be commenced or main- tained to recover possession of real property or to enforce the terms of any restriction concerning real property, or to compel the removal of any building or improvement on land because of the violation of any of the terms of any restriction, unless said action be commenced within one year from the date of the violation for which the action is sought to be brought or maintained. 118-8-5. Death of trustee.-Upon the death of a sole trustee or the sur- viving trustee of an express trust created by any written instrument af- fecting title to real property, the trust shall not descend to the heirs of cc -49- Csuch trustee, nor pass to his personal representative, but the trust if �? then unexecuted, shall vest in the then public trustee and his successors . in office of the county wherein the real estate is situate, with all powers of the original trustee. The district court may, upon application of any party in interest, appoint a new trustee, except in such cases where by law or by the instrument, a successor in trust is provided and in such cases the trust shall vest in such successor. 118-8-6. When deed transferred before incorporation.-If at the time of the delivery of a deed describing the grantee as a corporation, no incorpor- . ation papers have been filed and if thereafter proper incorporation papers shall be filed, the title to the real property shall vest in the grantee as soon as the grantee is incorporated and no other instrument of convey- ance shall be required. As to all such conveyances heretofore executed, it shall be conclusively presumed that the title vested in the incorporators in trust for the grantee and that said incorporators properly conveyed the real property to the grantee when the grantee was incorporated, unless within one year from the time this article goes into effect there shall be filed in the office of the proper recorder a written explanation or state- ment of the transaction signed and acknowledged by the proper parties. 118-8-7. When corporate existence expires.-When the corporate existence of any corporation having an interest in real property shall expire and there shall be an attempted renewal or extension of its corporate exis- tence either within the time provided for by law or thereafter, a con- veyance thereafter by such purported corporation shall vest in the grantee ems the interest of the former corporation and where such cases shall have occurred prior to the time that this article goes into effect, the title or interest so conveyed shall be presumed to have been properly passed to the grantee, unless an action be brought within one year from the time this article becomes effective to establish a different result. • eas -50- CHAPTER 118 ARTICLE 15 Condominium Ownership Act (LAW 1969) Contents: 118-15-I . Short title 52 118-15-2. Condominium ownership recognized 52 118-15-3. Definitions 52 118-15-4. Assessment of condominium ownership 52 118-15-5. Recording of declaration-certain rules and laws to apply 53 -51- CHAPTER 118 ARTICLE 15 Condominium Ownership Act (LAW 1969) • 118-15-1 . Short title.-This article shall be known and may be cited as the "Condominium Ownership Act." 118-15-2. Condominium ownership recognized.-Condominium ownership of real property is recognized in this state. Whether created before or after the date of this article such ownership shall be deemed to consist of a • separate estate in an individual air space unit of a multi-unit property together with an undivided interest in common elements. The separate estate of any condominium owner of an individual air space unit and his common ownership of such common elements as are appurtenant to his individual air space unit by the terms of the recorded declaration shall be inseparable for any period of condominium ownership that is prescribed by the said re- corded declaration. Condominium ownership may exist on land owner in fee simple or held under an estate for years. 118-15-3• Definitions.-Unless otherwise provided in the declaration or by written consent of all the condominium owners, "general common elements" means: The land or the interest therein on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrancesesti C and exits of such building or buildings; the basements, yards, gardens, parking areas, and storage spaces; the premises for the lodging of custo- dians or persons in charge of the property; installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, central air conditioning, and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and install- ations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the prop- erty necessary or convenient to its existence, maintenance, and safety, or normally in common use. 118-15-4. Assessment of condominium ownership.-Whenever condominium ownership of real property is created, or separate assessment of condominium units is desired, a written notice thereof shall be delivered to the assessor of the county in which said real property is situated, which notice shall set forth descriptions of the condominium units. Thereafter all taxes, assessments and other charges of this state or of any political subdivision or of any special improvement district or any other taxing or assessing authority shall be assessed against and collected on each condo- minium unit, each of which shall be carried on the tax books as a separate and distinct parcel for the purpose, and not on the building or property as a whole. The valuation of the general and limited common elements shall be assessed proportionately upon the individual air space unit in the manner provided in the declaration. The lien for taxes assessed to any individual -52- l condominium owner shall be confined to his condominium unit and to his undivided interest in the general and limited common elements. No for- feiture or sale of any condominium unit for delinquent taxes, assessments or charges shall divest or in any way affect the title of other condo- minium units. 118-15-5. Recording of declaration-certain rules and laws to apply.- (1 ) The declaration shall be recorded in the county where the condo- minium.iproperty is located. Such declaration shall provide for the filing for record of a map properly locating condominium units. Any instrument affecting the condominium unit may legally describe it by the identifying condominium unit number or symbol as shown on such map. If such declaration provides for the disposition of condominium units in the event of the des- truction or obsolescence of buildings in which such units arc situate and restricts partition of the common elements, the rules or laws known as the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall not be applied to defeat or limit any such provisions. (C ( -53- „ 4 CHAPTER 113 ARTICLE 16 Registration of Subdivision Developers Contents: 118-16-1 . Definitions 55 118-16-2. Registration required 55 1 118-16-3. Application for registration-fee 55 118-16-4. Registration of developers 56 118-16-5. Refusal , revocation, or suspension of registration 56 118-16-6. Powers of commission-injunction-rules 56 118-16-7. Violation-penalty 57 C -54- A I. CHAPTER 118 ARTICLE 16 Registration of Subdivision Developers 118-16-1 . Definitions.-As used in this article: (1 ) "Subdivision" means: A group of twenty or more building sites, tracts, or lots not intended for commercial or industrial use which are contiguous, or which were formerly part of an undivided common tract, development, or sales proposal ; or, a divided or undivided tract or parcel of land which is sold or which will be sold as twenty or more divided or undivided in- terests in or to the whole tract or parcel of land. (2) "Developer" means any person, firm, partnership, joint venture, association, or corporation which participates as owner, promoter, or sales agent in the promotion, sale, or lease of a subdivision or any part thereof. (3) "Commission" means the real estate commission established under section 117-1-3, C.R.S. 1963. 118-16-2. Registration required.-No developer shall sell , lease, or transfer, agree to sell , lease, or transfer, or negotiate to sell , lease, or transfer, in this state, any subdivision, whether said subdivision is located in or out of this state, unless such developer is registered pursuant to this article. 118-16-3. Application for registration-fee.-(1 ) Every applicant for registration as a subdivision developer shall submit to the commission, on a form furnished by the commission, an application establishing his qualification to act as a subdivision developer. (2) Each application shall be accompanied by a registration fee of twenty dollars, which fee shall not be refundable. (3) (a) Each application shall be in writing and shall state: (b) The principal office of the applicant wherever situate; (c) The location of the principal office and the branch offices of the applicant in the state of Colorado; (d) The name and style of doing business of the applicant; (e) The names, residence, and business addresses of all persons fi- nancially interested in the business of the developer as principal , part- ner, officer, director, and stockholder, specifying as to each his capacity and title; provided, that any stockholder owning less than ten per cent of the outstanding stock of a corporate developer need not be included, except that when more than one corporation is the developer of a subdivision, stockholders owning more than ten per cent of the total stock in all such corporations shall be included; (f) The length of time and the locations where the applicant has been engaged in the business of real estate sales or development; (g) Any felony of which the applicant has been convicted within the preceding ten years; -55- m0 (h) The states in which the applicant has had a license or registration similar to the developer's registration in this state granted, refused, or revoked. (4) Each application shall be made under oath or affirmation before a person qualified by law to administer oaths. (5) Each application shall be accompanied by the recommendation of three residents of this state who have owned real property in the state for not less than three years. Each recommendation shall certify that the applicant has a reputation for competency, honesty, and fair dealing, and shall recom- mend that the applicant be registered. 118-16-4. Registration of developers.-(1 ) Except as provided in sec- tion 118-16-5, the commission shall register all applicants and provide each applicant so registered with a certificate indicating that the person, firm, partnership, joint venture, association, or corporation named there- in is registered in the state of Colorado as a subdivision developer. A L.65 certificate issued to a developer shall entitle all sales agents and em- ployees of such developer to act in the capacity of a developer as agent for such developer. (2) All certificates issued under this section shall expire on the first day of January following the date of issuance. A certificate shall be re- newed, except as provided in section 118-16-5, by payment, within thirty days of the date of expiration, of a renewal fee of twenty dollars. (3) All fees collected under this article shall be deposited in accor- dance with section 117-1-9, C.R.S. 1963. 118-16-5. Refusal , revo¢Ltion., or sc.pension of registration;(1 ) (a) OThe commission may refuse, revoke, or suspend the registration of any developer if, after an investigation, the commission determines that the developer: (b) Does not have a reputation for competency, honesty, and fair dealing; (c) Has failed to comply with or has violated any provision of this article; (d) Has made a statement or concealment, known by him to be false or misleading, in his application for registration; (e) Is insolvent; (f) Has engaged in illegal or unethical practices with respect to the promotion, sale, or lease of real estate. (2) Any hearing held under this section khall be in accordance with the procedures established in sections 3-16-4 and 3-16-5, C.R.S. 1963. 118-16-6. Powers of commission-injunction-rules,(1 ) The commission may apply to a court of competent jurisdiction for an order enjoining any act or practice which constitutes a violation of this article, and upon a showing that a person is engaging or intends to engage in any such act or practice, an injunction, restraining order, or other appropriate order shall be granted by such court, regardless of the existence of another re- medy therefor. Any notice, hearing, or duration of any injunction or restraining order shall be made in accordance with the provisions of the Colorado rules of civil procedure. Q -56- (2) The commission shall have power to make any rules necessary for the enforcement or administration of this article. 118-16-7. Violation-penalty.-Any person who acts as a developer in violation of this article is guilty of a felony and upon conviction there- of shall be punished by a fine not to exceed two thousand dollars, or by imprisonment in the state penitentiary for a term not to exceed two years, or by both such fine and imprisonment . r @9 \ � -57- U 1 e�+ CHAPTER 139 TOWNS AND CITIES ARTICLE 59 Planning Commission Contents: 139-59-1 . Terms defined 59 139-59-2. Grant of power to municipality 59 139-59-3. Personnel of the commission 59 139-59-4. Organization and rules 60 139-59-5. Staff and finances 60 139-59-6. Master plan 61 139-59-7. Purposes in view 61 139-59-8. Procedure of commission 61 137-59-9. Legal status of official plan 62 139-59-10. Publicity-travel-information-entry 62 139-59-11 . Zoning 63 139-59-12. Jurisdiction 63 139-59-13. Scope of control 63 139-59-14. Subdivision regulations 64 C+ 135-59-15. Procedure-legal effect 64 �r 139-59-16. Penalties for sales in unapproved subdivisions 65 139-59-17. Improvements in unapproved streets 65- 139-59-18. Erection of buildings 66 139-59-19. Status of existing statutes 66 139-59-20. Reservation for future acquisition 66 139-59-21 . Compensation for reservations 67 139-59-22. Report of appraisers-action by council 68 139-59-23. Appeal from awards 69 139-59-24. No compensation for buildings 69 139-59-25. Major activity notice 69 • O n -58- CHAPTER 139 TOWNS AND CITIES ARTICLE 59 Planning Commission 139-59-1 . Terms defined.-(1 ) For the purpose of this article certain terms are defined as provided in this section. Whenever appropriate, the singular includes the plural and the plural includes the singular. (2) "Municipality" or "municipal" includes or relates to cities, towns, villages and other incorporated political subdivisions but does not include incorporated improvement districts formed for special classes of improve- ments. This article also applies to home rule charter cities so far as constitutionally permissible and so far as limits placed upon its appli- cation within the boundaries of home rule charter cities by the charter of each home rule charter city individually. (3) "Mayor" means the chief executive of the municipality, whether the official designation of his office be mayor, city manager, or otherwise; provided, that with respect to municipalities operating under the statutory city manager form of government, the term "mayor", as used herein, shall mean the city manager. (V (4) "Council" means the chief legislative body of the municipality. (5) "Legislative or governing body" means council , the board of trus- tees or board of aldermen of a municipality or the board of county com- missioners of a county. . (6) The term "streets" includes streets, avenues, boulevards, roads, lanes, alleys, viaducts and other ways. (7) "Subdivision" means the division of a lot, tract or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to. the process of subdividing or to the land or territory subdivided. 139-59-2. Grant of power to municipality.-Any municipality is hereby authorized and empowered to make, adopt, amend, extend, add to, or carry out a municipal plan as provided in this article and to create by ordinance or resolution a planning commission with the powers and duties set forth in this article. The planning commission of .a city shall be designated city planning commission; of a town or village, town or village planning commission; and of any other municipality, such designation as the council may specify. 139-59-3. Personnel of the commission.-(I ) The commission shall consist of not less than five members nor more than seven members, provided, that home rule charter cities shall not be limited in the size of their commis- sions. Unless otherwise provided by ordinance, the membership and terms of -59- - •0 members shall be as follows: When the commission is limited to five > members, the membership shall consist of the mayor and a member of the council as ex officio members, and three persons who shall be appointed . by the mayor, if the mayor be an elective officer, otherwise by such office as council may in the ordinance creating the commission, designate as the appointing power. When the commission shall consist of seven or more members, there shall be three ex officio members consisting of the mayor, one of the administrative officials selected by the mayor, and a member of the council , to be selected by the mayor, and a member of the council , to be selected by the council ; the balance of the membership being appointed as above provided. All members of such commission shall be bona fide residents of the municipality and if any member ceases to reside in such municipality his membership on said commission shall im- mediately terminate. (2) All members of the commission shall serve as such without com- pensation and the appointed members shall hold no other municipal office, except that one such appointed member may be a member of the zoning board of adjustment or appeals. The terms of ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the mayor shall terminate with the term of the mayor selecting him. The term of each appointed member shall be six years or until his successor takes office, except that the respective terms of one-third of the members first appointed shall be two years, one-third shall be four years and one-third shall be six years. Members other than the member representing the council may be removed, ,.� after public hearings, by the mayor fc- inefficiency, neglect of duty, 1.11 ce. or malfeasance in ofice. The mayor, or the council , as the case may be, shall file a written statement of reasons for such removal . Vacancies occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the mayor in the case of members selected or appointed by him, by council in the case of the coun- cilmanic member, and by the appointing power designated by council in municipalities in which the mayor is not an elective officer. 139-59-4. Organization and rules.-The commission shall elect its chair- man from among the appointed members and create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for re-election. The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of • business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. • 139-59-5. Staff and finances.-The commission may appoint such em- ployees as it may deem necessary for its work, whose appointment, pro- motion, demotion and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also contract, by and with the consent of the council , with city planners, engineers and architects and other consultants for such services as it may require. . The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the -60- purpose by council , which shall provide the funds, equipment and accom- modations necessary for the commission's work. 139-59-6. Master plan.-(1) It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside of its boundaries, sub- ject to the approval of the legislative or governing body having juris- diction thereof, which in the commission's judgment, bear relation to the planning of such municipality. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recom- • mendations for the development of said territory including, among other things: (2) The general location, character and extent of streets, viaducts, subways, bridges, waterways, waterfronts, boulevards, parkways, play- grounds, squares, parks, aviation fields, and other public ways, grounds and open spaces, the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; also the removal , relocation, widening, narrowing, vacating, abandcnment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utility or terminals; as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises. As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part or parts there- of, any such part to cover one or more major sections or divisions of the municipality or one or more of the forgoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. 139-59-7. : ,rposes in view.-In the preparation of such plan the com- mission shall make careful and comprehensive surveys and studies of pres- ent conditions and future growth of the municipality and 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, morals, order, convenience, prosperity, and general welfare, as well as ef- L.67 ficiency 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, the promotion of healthful and convenient distribution of population, the pro- • motion of good civic design and arrangement, wise and efficient expendi- ture of public funds, and the adequate provision of public utilities and other public requirements. 139-59-8. 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 amendments or extensions -61 - • ^4 thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension or addition, the commission shall hold at least Vire 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, or any part, or amendment, or 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 the legislative or governing body of the territory affected and after the approval by said body shall be filed with the clerk and recorder of each county affected. 139-59-9. Legal status of offical plan.-Whenever the commission shall have 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, or 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 shall have been submitted for approval by the commission. In case of disapproval , the commission shall communicate its reasons to council , which shall ha : the power to overrule such dis- r C approval by a recorded vote of not less than two-thirds of its entire mem- bership. If the public way, ground space, building, structure, or utility be one the authorization or financing of which does not , under the law or charter provisions governing same, fall within the province of the municipal council , then the submission to the planning commission shall be by the board, commission, or body having jurisdiction and the planning - commission' s disapproval may be overruled by said board, commission or 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 the commission shall be deemed approval . 139-59-10. Publicity-travel -information-entry.-The commission shall have 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 re- port and may employ such other means of publicity and education as it may determine. Members of the commission may attend city planning con- ferences or meetings of city planning institutes or hearings upon pending city planning legislation, and the commission may pay, by resolution spread upon its minutes, 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 improve- ments and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility com- panies, civic, educational , professional and other organizations, and with -62- citizens with relation to the protecting and carrying out of the plan. The commission shall have the right to accept and use gifts for the exercises of its functions. All public officials shall furnish to the commission, upon request, within a reasonable length of time, such available information as it may require for its work. The commission, 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 commis- sion shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry out the purposes of this article. 139-59-11 . Zoning.-The commission shall have all powers heretofore granted to the zoning commission of the municipality, and, from and after the creation of a planning commission in such municipality, all powers and records of the zoning commission shall be transferred to the planning commission. In the event the existing zoning commission shall be nearing the completion of its zoning plan, the council may postpone, by resolution, the transfer of the zoning commission's powers until the completion of such zoning plan. Such postponement shall not exceed a period of six months. Cities, towns, and other municipalities having zoning laws now in force and effect shall not in any manner whatsoever be affected by the provisions of this article in regard to said zoning laws, and this article shall have no application to such cities and towns in so far as zoning is concerned but shall otherwise be fully applicable. `m/ 139-59-12. Jurisdiction.-The territory of jurisdiction of any munici- pal planning commission over the subdivision of land shall include 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, shall also include all land lying within three miles of the corporate limits of the municipality and not located in any other municipality ex- cept that in the case of any such nonmunicipal land lying within five miles of more than one municipality, the jurisdiction of each municipal planning commission shall terminate at a boundary line equidistant from the res- pective corporate limits of such municipalities. The jurisdiction over the subdivision of lands outside the boundary of a municipality shall apply equally in the case of charter home rule cities or noncharter home rule cities. 139-59-13. Scope of control .-Whenever a planning commission shall have adopted- a major street plan of the territory within its subdivision control or part thereof, as provided in section 139-59-8, and shall have filed a certified copy of such plan in the office of the county recorder of the county in which such territory or part is located, then no plat of a subdivision of land within such territory or part shall be filed or re- corded until it shall have been approved by such planning commission and such approval entered in writing on the plat by the president, chairman or secretary of the commission. -63- 139-59-14. Subdivision regulations.-(l ) Before any planning com- mission shall exercise the powers referred to in section 139-59-13, said ter+ commission shall adopt regulations governing the subdivision of land within its jurisdiction and shall publish the same in pamphlet form, which shall be available for public distribution, or at the election of the commission, it may publish said regulations in one issue each week for three consecutive weeks in the official paper of the city or county in which such subdivisions or parts thereof are located. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum area and width of lots. In the territory subject to subdivision jurisdiction beyond the city limits the regulations shall provide only for conformance with the major street plan. (2) Before the adoption of the regulations referred to in this section, a public hearing shall be held thereon in the county or counties in which said territory or any part thereof is situated. A copy of such regulations shall be certified by the commission to the recorders of the counties in which the municipality and territory are located. 139-59-15. Procedure-legal effect.-(l ) The planning commission shall approve or disapprove a plat within thirty days after the sub- mission thereof to it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commis- sion on demand. The applicant for the 'ommission's approval may waive entS this requirement and consent to an extension of such period. The ground of disapproval of any plat shall be stated upon the records of the com- mission. Any plat submitted to the commission shall contain the name and address of a person to whom notice of a hearing shall be sent. No - plat shall be acted on by the commission without affording a hearing thereon. Notice shall be sent to the address by registered mail of the time and place of such hearing not less than five days before the date fixed therefor. Similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the county clerk's office and their addresses appear in the directory of the municipality or on the tax records of the municipality or county. (2) Every plat approved by the commission, by virtue of such approval , shall be deemed to be an amendment of or an addition to or a detail of the municipal plan and a part thereof. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. From time to time, the planning commis- • sion may recommend to the council 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 sub- divisions. The commission shall have the power to agree with the applicant, upon the use, height, area or bulk requirements or restrictions governing buildings and premises within the subdivision, provided such requirements or restrictions do not authorize the violation of the then effective zoning PIN -64- uordinance of the municipality. Such requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force by law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same powers of amend- ment 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 the same has been approved by the legislative govern- , ing body of the territory affected or any part thereof. 139-59-16. Penalties for sales in unapproved subdivision.-Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or 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 planning commission and recorded or filed in the office of the appropriate county recorder, shall forfeit and pay a penalty of one hundred dollars 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 trans- action from such penalties or from the remedies provided in this section. The municipal corporation may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or may recover the penalty by civil action in any court of competent jurisdiction. 139-59-17. Improvements in unapproved streets.-(1 ) (a) The municipa- 1 € lity shall not accept, lay out, open, ' -prove, 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 plan- ning commission shall have adopted a major street plan, unless such street: (b) Shall have been accepted or opened as or shall otherwise have re- ceived the legal status of a public street prior to the adoption of such plan, or unless such street; (c) 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. How- ever, council 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, provided the ordinance or other measure accepting 1 such street be first submitted to the municipal planning commission for its approval and, if approved by the commission, be enacted or passed by not less than a majority of the entire membership of council or, if dis- approved by the planning commission, be enacted or passed by not less than two-thirds of the entire membership of council . (2) A street approved by the planning commission upon submission by council , or a street accepted by a two-thirds vote after disapproval by the planning commission, shall thereupon have the status of an approved street as fully as though it had been originally shown on the official mas- ter plan or on a subdivision plat approved by the commission or had been originally platted by the commission. ( -65- g i,l lu 139-59-18. Erection of buildings.-(1 ) (a) After the time when a plan- 6'7 ning commission shall have adopted a major street plan of the territory within the corporate 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: (b) Shall have been accepted or opened as or shall otherwise have re- ceived the legal status of a public street prior to that time, or unless • such street; (c) Corresponds with a street shown on the official master plan or • with a street or subdivision plat approved by the planning commission • or with a street on a street plat made by and adopted by the commission or with a street accepted by council , after submission to the planning com- mission, by favorable vote required in section 139-59-17. Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated or have it removed. 139-59-19. Status of existing statutes.-After the time when a plan- ning commission shall have control over subdivisions as provided in section 139-59-13, 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 shall in so far as in harmony with the provisions of this article be deemed trans- ferred to the planning commission of such municipality. 139-59-20. Reservation for future acquisition.-(1 ) (a) Any munici ems - pal planning commission is empowered, after it shall have adopted a major street plan of the territory within its subdivision jurisdiction or of any major section or district thereof, from time to time, to make or cause to be made, surveys for the exact location of the lines of a street or streets in any portion of such territory and to make a plat of the area or district thus surveyed, showing the land which it recommends be reserved for future acquisition for public streets. The commission, before adopting any such plat, shall hold a public hearing thereon, notice of the time and place of which, with a general description of the district or area covered by the plat, shall be given not less than ten days previous to the time fixed therefor by one publication in a newspaper of general circulation in the municipality if the district or area be within the municipality, or of general circulation in the county if the district or area be outside of the municipality. After such a hearing the commission r- y transmit ,the plat, as-originally made or modified as may be determined by the commission, to council , together with the commission's estimate of the time within which the lands shown on the plat as street locations should be acquired by the municipality. (b) Thereupon by resolution, council may approve and adopt or may re- ject such plat or may modify it with the approval of the planning com- mission, or, in the event of the planning commission' s disapproval , council , by a favorable vote of not less than two-thirds of its entire membership, may modify such plat and adopt the modified plat. In the resolution of -66- eadoption of a plat, council shall fix the period of time for which the street locations shown upon the plat shall be deemed reserved for future taking or acquisition for public use. Upon such adoption the clerk of council shall transmit one attested copy of the plat to the county re- corder of each county in which the platted land is located and retain one copy for the purpose of public examination and hearings of claims for compensation. (2) (a) Such approval and adoption of a plat shall not, however, be deemed the opening or establishment of any street, nor the taking of any ` land for street purposes, nor for public use, nor as a public improve- ment, but solely as a reservation of the street location shown therein, for the period specified in the council resolution, for future taking or acquisition for public use. The commission, at any time, may negotiate for or secure from the owners of any such lands releases of claims for damages or compensation for such reservations or agreements -indemnifying the municipality from such claims by others, which releases or agreements shall be binding upon the owners executing the same and their successors in title. (b) At any time after the filing of a plat with the county recorder, and during the period specified for the reservation, the planning commission and the owner of any land containing a reserved street location may agree upon modification of the location of the lines of the proposed street, such agreement to include a release by said owner of any claim for compensation or damages by reason of such modification. Thereupon the commission may Cmake a plat corresponding to the said modification and transmit same to lam+ councf : . If suet. .adified plat be app-oved by council , the clerk of council shall transmit an attested copy thereof to the said county recorder or re- corders and said modified plat shall take the place of the original plat. At any time council , by resolution, may abandon any reservation and shall certify any such abandonment to the said county recorder or recorders. 139-59-21-r" Compensation for reservations.-(1 ) In the resolution of adoption of a plat the council 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. There- upon the clerk of the council 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 council 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 months 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 pub- lic places in the neighborhood of or along the line of the location of the reservation. (2) The board of appraisers shall fix the amounts of compensation to be paid, respectively, to the owners of lands reserved for the period of Ctime as shown on the plat and in the resolution adopted by council . Whenever l\--) -67- the clerk of council receives, within the period fixed for the same, any C 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, in- cluding all evidence which may be presented by the claimants or other per- sons. The board of appraisers shall have 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. 139-59-22. Report of appraisers- action by council .-(l ) The board of appraisers, within ninety days after the time fixed for the filing of claims, shall file its tentative report with the clerk of the council , setting forth its findings as to the amounts of compensation to be paid the res- pective owners of the lands included within the lines of such reservations as located on the approved plat. Thereupon the clerk of council shall publish once a week for two consecutive weeks in at least two newspapers of general circulation in the municipality the fact of the filing of the report of the appraisers and specify a period of thirty days after the date of the first such publication within which objections to the report may be filed with the clerk of council . If objections be filed within said period, then the clerk of council shall cause the board of appraisers to hold a meeting, at which said objections shall be transmitted to the board, and the board may modify its report. The report in its original Cform, or, if modified, in its modified form, shall be transmitted to council by its clerk. (2) Before passing on the report, council may return it to the board of appraisers for reconsideration, and the board may upon further considera- tion transmit its former or modified report to council . Council may ap- prove or disapprove the report.: If the report be approved by council , council shall provide for the payment of the amounts of compensation set forth in the report within ninety days after the filing of the report with council . In the case of those property owners who file claims, pay- ment shall be made through the clerk of the council , who shall notify the claimants at the addresses given upon the claims filed with him. Payments to all other persons shall be made through the clerk of the court of competent jurisdiction of the county in which the reserved location is situated, by the payment to said clerk of the amounts awarded to such per- sons; notice of distribution to such persons to he given and made as may be provided by a rule or order of said court. Payments made to the clerk of council or clerk of said court within said ninety days shall be deemed compliance with the above requirement for payment within ninety days. (3) If council disapprove the report or fail to provide for such pay- ment within ninety days, such disapproval or failure shall be deemed a dismissal of the proceedings and a cancellation of the plat and an abandon- ment of the reservations of the street locations as shown on the plat , with the same liability of the municipality for expenses as provided in the case of abandonment by resolution; and thereupon the clerk of council shall cause -68- to be transmitted to the recorder of the county an attested statement of such abandonment. 139-59-23. Appeal from awards.-Within twenty days after the approval of any such report by council , any person dissatisfied with the award of compensation therein contained may file with the clerk of council notice of appeal to a court of the county in which the appellant' s land is located having jurisdiction of actions by the municipalities to assess compensation for property taken or appropriated for public use for streets. Within ten days of such notice, the clerk of council shall • file with the clerk of said court the report of the board of appraisers approved by council , together with certified copies of the resolution of council and of the notice of appeal . Thereafter the procedure shall be in accordance with the procedure specified by law. 139-59-24. No compensation for buildings.-The reservation of a street location, as provided in section 139-59-20, shall not be deemed to prohibit or impair in any respect the use of the reserved land by the owner or occupant thereof for any lawful purpose, including the erection of buildings thereon. No compensations, other than the compensation awarded in the final report of said board of appraisers as approved by council as provided in section 139-59-22, or, in the case of an appeal , as awarded on such appeal as provided in section 139-59-23, shall at any time be paid by the municipality or public to, or recovered from the municipality or public by, any person for the taking of or injury to any building or structure built or erected within the period fixed in the resolution of council upon any such reserved location. No compensation or damages for any such reservation shall be paid or recovered except as provided in sections 139-59-21 to 139-59-23. 139-59-25. Major activity notice.-(1) Whenever a subdivision or com- mercial or industrial activity .is proposed which will cover five or more I. 72 acres of land, the governing body of the municipality in which the activity S B is proposed shall send notice to the Colorado land use commission and to 35 the board of county commissioners of the county or counties in which the improvement is located of the proposal prior to approval of any zoning change, subdivision, or building permit application. (��" -69- r CHAPTER 139 ARTICLE 60 Zoning Contents: 139-60-1 . Grant of power 71 139-60-2. Districts 71 139-60-3.6 Purp oses oses in view 72 p 139-60-4. Method of procedure 72 139-60-5. Changes 72 139-60-6. Zoning commission 72 139-60-7. Board of adjustment 73 139-60-8. Remedies 73 139-60-9. Conflict with other laws 74 139-60-10. Racial restrictions 74 139-60-11 . Telecommunications research facilities of the United States-inclusions in planning and zoning 74 • 139-60-12. Safety glazing materials 74 139-60-13. Planned unit developments-ordinances 74 eN -70- • ,c .r EC NSW CHAPTER 139 ARTICLE 60 Zoning 139-60-1 . Grant of power.-(l) For the purpose of promoting health, safety, morals, or the general welfare of the community, the legislative body of each city and incorporated town is hereby empowered to regulate • and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, in- dustry, residence, or other purposes. Such regulations may provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent, and in accordance with general or specific rules therein contained. Subject to the provisions of sub- section (2) of this section, and to the end that adequate safety may be secured, said legislative body shall also have power to establish, re- gulate, restrict, and limit such uses on or along any storm or floodwater runoff channel or basin as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters. Any ordinance enacted under authority of this article shall exempt from the operation thereof any building or structure as to which satisfactory proof shall be presented to the board of adjustment provided for in this L.67 article, that the present or proposed situation of such building or structure is reasonably necessary for the convenience or welfare of the public. (2) The power conferred by subsection (1) of this section for flood prevention and control shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted on the effective date of this subsection (2) , but provisions may be made for the gradual elimination of uses, buildings, and structures, including provisions for the elimination of such uses when the existing uses to which they are devoted are discontinued, and for the elimination of such buildings and structures when they are destroyed or damaged in major part. (3) The legislative body of any city or incorporated town, or the board of adjustment thereof, in th.e exercise of powers pursuant to this section, may condition any zoning regulation, any amendment to such regulation, or any variance of the application thereof, or the exemption of any building or structure therefrom, upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board. 139-60-2. Districts.-For any or all of said purposes the local legis- Clative body may divide the municipality into districtsof such number, /C-) -71 - /"'�. shape and area as may be deemed best suited to carry out the purposes of ♦✓ this article; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district but the regula- tions in one district may differ from those in other districts. 139-60-3. Purposes in view.-Such regulations shall be made in accor- dance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, flood waters, and other dan- gers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of L.67 population; to faciliate 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. 139-60-4. Method of procedure.-The legislative body of such munici- pality shall provide for the manner in which such regulations and restric- tions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. How- ever, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which parties in in- ® terest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality. 139-60-5. Changes.-Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such changes signed by the owners of twenty per cent, or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear there- of extending one hundred feet therefrom, or of those directly opposite thereto, extending one hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the voting members of the legislative ti body of such municipality. The provisions of section 139-60-4 relative to public hearings, and official notice shall apply equally to all changes or amendments. 139-60-6. Zoning commission.-In order to avail itself of the powers con- ferred by this article, such legislative body shall appoint a commission to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report. Such legislative body shall not hold its public hearings or take action until it has received the final report of such commission. Where a city planning commission already exists, it 400 may be appointed as the zoning commission. -72- huma 139-60-7. Board of adjustment.-(l ) Such legislative body shall pro- vide for the appointment of a board of adjustment consisting of five mem- bers, each to be appointed for three years. Such board of adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the en- forcement of any ordinance adopted pursuant to this article. It shall also hear and decide all matters referred to it or upon which it is required to pass under such ordinance. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official , or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. Every decision of such board shall , however, be subject to review by certiorari . Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality. (2) Such appeal shall be taken within suc.i time as shall be prescribed by the board of adjustment by general rule, by filing with the officer from whom the appeal is taken with the board of adjustment a notice of appeal , specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (3) An appeal stays all proceedings in furtherance of the action appeal- ed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his 8 opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer,from whom the appeal is taken and on due cause shown. (4) The board of adjustment shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable time. Upon hearing, any party may appear in per- son or by agent or by attorney. The board of adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify the application of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. 139-60-8. Remedies.-In case any building or structure is erected, con- structed, reconstructed, altered, repaired, converted or maintained; or any building, structure or land is used in violation of this article or of any ordinance or other regulation made under authority conferred thereby, the -73- d proper local authorities of the municipality, in addition to other remedies, �cm may institute any appropriate action or proceedings to prevent such unlaw- ful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 139-60-9. Conflict with other laws.-Whenever the regulations made under authority of this article require a greater width or size of yards or courts, or require a lower height of building, or less number of stories, or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regula- tion, the provisions of the regulations made under authority of this article shall govern. Wherever the provisions of any other statue or local ordinance or regulation require a greater width or size of yards or courts or require a lower height of building or a less number of stories, or require a•greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulations shall govern. 139-60-10. Racial restrictions.-This article shall not be construed, in the case of any municipality, to confer or enlarge any authority or power to establish any restriction based upon race or color. 139-60-11 . Telecommunications reserc facilities of the United States- inclusions in planning and zoning.-Any zoning plan, modification thereof, or variance therefrom, adopted or granted under this article or article L.69 59 of this chapter on or after April 23, 1969, shall comply with the re- quirements of article 26 of chapter 36, C.R.S. 1963. 139-60-12. Safety glazing materials.-The governing body of each city, town, and city and county in the state shall adopt standards governing the use of safety glazing materials for hazardous locations within its juris- `" diction, which standards shall be no less stringent than the provisions of sections 80-2-17 to 80-2-21 , C.R.S. 1963. No building permit shall be issued L.71 for the construction, reconstruction, or alteration of any structure in such city, town, or city and county unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The building inspection authority in such city, town, or city and county shall inspect all places not inspected by the division of labor under the pro- visions of section 80-2-17 to 80-2-21 , C.R.S. 1963, to determine whether such places are in compliance with the standards for the use of safety glazing materials. 139-60-13. Planned unit developments-ordinances. -Any municipality may authorize planned unit developments, as defined in section 106-6-3, C.R.S. L.72 1963, by enacting an ordinance in accordance with the provisions of article H.B. 6 of chapter 106, C.R. S. 1963. 1103 C -71i !1 - ^ • t i. • ' CHAPTER 36 �1� COUNTY POWERS AND FUNCTIONS ARTICLE 15 Building Codes • Contents: 36-15-1 . Commissioners may adopt 76 36-15-2. Designation of zoned area-hearing 76 36-15-3. Purpose of codes 77 36-15-4. Amendment of building code 77 36-15-5. County building inspector-permit required-appeal 77 36-15-6. Board of review-qualifications-powers 78 36-15-7. Board of. review-meetings-appeals 78 • 36-15-8. Copies of code available-evidence 79 36-15-9. Violation-injunction and other remedies 79 THERE ARE NO AMENDMENTS TO THIS SECTION, 1963-1972. • • -75- THERE ARE NO AMENDMENTS TO THIS SECTION, 1963-1972 r-- CHAPTER 36 COUNTY POWERS AND FUNCTIONS ARTICLE 15 Building Codes 36-15-1 . Commissioners may adopt.-A board of county commissioners is hereby authorized to adopt an area building code in all or part of the area already zoned in accordance with the provisions of sections 106-2-1 to 106-2-27, and not embraced within the limits of any incorporated city or town. No building code may be adopted for any area not subdivided for building purposes by a plat duly recorded in the office of the county clerk and recorder without a petition to the county commissioners requesting a code signed and duly acknowledged by the owner of such unsubdivided area. Such code shall provide for the regulation of the future construction or alteration of dwellings, buildings, and structures together with plumbing and electrical installation therein or in connection therewith. A structure shall mean a combination of roof and supporting walls and columns. Build- ings or structures used for the sole purpose of providing shelter for agri- cultural implements, farm products, live stock or poultry where permitted under the existing zoning regulations shall be excepted. The area sought - ` to be regulated may be divided into subdistricts, provided that the require- Qments shall be uniform for each class of dwelling, building or structure throughout each subdistrict within such area. The board of county com- missioners may employ qualified technical experts to assist in the prepara- tion of the text of the area building code. 36-15-2. Designation of zoned area-hearing.-(1 ) The county planning com- mission of any county which has been zoned in whole or in part under the pro- visions of section 106-2-I to 106-2-27, upon request from the board of county commissioners of the county may designate part or all of the zoned area for the adoption of an area building code. The county planning commission shall certify a copy of the plan or plans designating the areas to be covered by the building code to the board of county commissioners of the county. After receiving the certification of said building code area plan from the plan- ning commission and before the adoption of any building code, the board of county commissioners shall hold a public hearing on the area plan and on the proposed text. The time and place of the hearing shall be designated. in a notice to be given by publication once weekly for four consecutive weeks in a newspaper of general circulation in the county. Such notice shall state the place at which the text of the proposed building code may be inspected and the description of the areas to be covered by the code. No substantial change in or departure from the area plan so certified by the county planning commission shall be made unless such change or depar- ture be first submitted to the certifying county planning commission for its approval , disapproval or suggestions. eN -76- q (2) The county planning commission shall have thirty days from and after such submission within which to send its report to the board of county com- missioners. The opinion of the planning commission shall be advisory only, and upon receipt thereof, the board of county commissioners may accept, re- ject or amend the proposed change or departure. After the area plan has been duly certified and a public hearing held thereon and upon the text of the proposed code, the board of county commissioners, by res:.Ltion, may adopt a building code for the area designated on the plan. If a petition • objecting to the adoption of a building code, signed and duly acknowledged by fifty-one per cent or more of the owners of land in the area who are qualified voters in the state of Colorado, is presented to the board of county commissioners within thirty days after the first publication of the notice for a hearing on adoption, the board of county commissioners shall not adopt a building-code for the area. ._. 36-15-3. Purpose of codas.-The provisions of any building code shall be made with a reasonable consideration of, and in accordance with, a plan designed to promote the public health, safety, morals and general welfare, and the safety, protection and sanitation of such dwellings, buildings and structures with consideration of the provisions of the existing zoning ordinance. 36-15-4. Amendment of building code.-The board of county commissioners from time to time by resolution may alter and amend any county building (Pe code after public hearing, notice of which hearing shall be given by publication once weekly for four consecutive weeks in a newspaper of gen- eral circulation in the county. In no case shall the area covered by the building code be extended or changed unless the same shall have been proposed by or be first submitted for the approval , disapproval or sugges- tions of the county planning commission. Unless the planning commission acts within thirty days, approval shall be assumed. The opinion of the planning commission shall be advisory only and not binding upon the board of county commissioners. . 36-15-5. County building inspector-permit required-appeal .-The county building inspector as authorized in section 106-2-13, may be authorized by the board of county commissioners to administer and enforce such building code; and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by said county building in- spector. From and after the adoption of such building code, it shall be r unlawful to erect, construct, reconstruct, alter or remodel any structure, dwelling or building in the designated area, except buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock or poultry, without first obtaining a building permit from such county building inspector. The county building inspector shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration or remodeling fully conform to the regulations and restrictions in said area building code. C. -77- 36-15-6. Board of review-qualifications-powers.-(1 ) The board of y Gcounty commissioners of any county which enacts a building code under the authority of this article may provide for a board of review of three or five members and for the manner of appointment of such members. Members of the board shall be experienced in building construction. The board of county commissioners may fix per diem compensation and terms for the mem- bers of such boards of review, which terms shall be of such length and so arranged that the terms of at least one member will expire each year. Any member of the board of review may be removed for cause by the board of county commissioners upon written charges and after a public hearing. Vacancies shall be filledfor the unexpired term in the same manner as in the case of original appointments. The board of county commissioners shall provide and specify in its building code or other resolution general rules to govern the organization, procedure and jurisdiction of said board of review, which rules shall not be inconsistent with the provisions of this article, and the board of review may adopt supplemental rules of pro- cedure not inconsistent with this article or such general rules. (2) Any building code adopted by the board of county commissioners may provide that the board of review in appropriate cases and subject to app- ropriate principles, standards, rules, conditions and safeguards set forth in the building code may make speciai exceptions to the terms of the building code in harmony with their general purpose and intent. The board of county commissioners also may authorize the board of review to formulate suggested amendments to the building code for the consideration of the board of county commissioners. In addition, the board of review may adopt substantive rules and regulations based on the provisions of the building code adopted by the board of county commissioners. In no case, however, shall these rules be- come effective unless a public hearing thereon has been conducted by the board of review. Notice of the hearing stating the time and place and where the text of the proposed substantive rules and regulations may be inspected shall be given in the same manner as provided in the initial adoption of the code. 36-15-7•- Board of review-meetings-appeals.-(1) Meetings of the board of review shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman, or in his absence, the acting chairman, may administer oaths and compel the at- tendance of witnesses. All meetings of the board of review shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall he immediately filed in the office of the board and shall be a public record. (2) Appeals to the board of review may be taken by any person ag- grieved by his inability to obtain a building permit, or by any officer, de- partment. board or bureau of the county affected by the grant or refusal of a building permit. Any person, officer, department, board or bureau may appeal to the board of review from the decision of any administrative of- ficer or agency based upon or made in the course of the administration or enforcement of the provisions of the building code. The time within which Q -78- such appeal must be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of review or in the supplemental rules of procedure adopted by such board. 36-15-8. Copies of code available-evidence.-Upon the adoption of such area building code, the board of county commissioners shall file certified copies thereof in its office, which copies shall be accessible to the public 1 at a cost not to exceed that of printing the same. The board of county commissioners shall also file a notice with the county clerk and recorder setting forth a description of the area subject to the building code. Copies of the code printed by authority of the board of county commissioners shall be prima facie evidence of the original text in all courts and tribunals of this state. 36-15-9. Violation-injunction and other remedies.-Any person, firm or corporation violating this article or any provision of the area building code shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned not more than ten days in the county'jail , or both. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, used or maintained in violation of this article or of any provision of the area building code, the district attorney of the district, (P.4 the board of county commissioners, or any owner of real estate within the area, in addition to other remedies provided by law, may institute an ap- propriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alter- ation, remodeling, maintenance or use. • It • 1. . -79- File contains 2 oversized Maps of County Commissioners' Districts Please See Original File ......_____` — Pknnin9 C0m ia ' ssi • ` on � - .• • , _ -�i r • .1 ..- ,1--- i . .y_i_. --.-/ -, .. / . ! 4, 1 I , • PiI • • ! t ,111 t • 1 j }. 1 I •'t . -:•„� I L T--- - . . ..._ \ 1 I. 1 eI n 1 '• 1 . ; •» e r I - ..4.. t 6 SD •• -1 . ;__.. f • 44 1 7 in"-( , t*: . 6 •.. •' :". 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