Colorado § 30-11-605 - Powers and duties of governing bodies, planning commissions, and boards of adjustment.

§ 30-11-605. Powers and duties of governing bodies, planning commissions, and boards of adjustment.

(1) Upon being requested to do so by an agency of the United States, the governing body shall determine if any telecommunications research facility of the United States is located wholly or partially within its jurisdiction. If such determination results in a finding that such a facility is so located, the planning commission, the board of adjustment, and the governing body shall, from and after April 23, 1969, be bound by the following: When considering any request for rezoning, exceptions to or variances from the terms of zoning regulations, or changed or additional uses of land within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body shall consider, in a like manner as those criteria set forth in sections 30-28-115 and 31-23-303, C.R.S., and other criteria applied to the consideration of requests for rezoning, exceptions to or variances from zoning regulations, or changed or additional uses of land, any data presented as to the effect that development made pursuant to such request will have on such telecommunications research facility of the United States, including what interference may be caused to said facility by the emanation of electrical impulses from electrical equipment that may be installed if such request is approved.

(2) If approval for any request for rezoning to a zoning district, for an exception to or variance from the terms of any zoning regulation, or for a changed or additional use of land, which will permit hospitals, industrial, business, or commercial uses is sought within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body may request reasonable information regarding the proposed use to be made from the applicant submitting the request for approval, including, but not limited to, a summary of the kinds of industrial electrical equipment expected to be installed on such property if the approval being sought is given.

(3) Within a distance of two miles from the perimeter of any telecommunications research facility of the United States, any approval of a subdivision plat in a residential zoning district and any approval for rezoning from existing districts to other districts that may exist or be created by the zoning resolution of any city, town, or county in which a telecommunications research facility of the United States is located shall be granted only if the covenants set forth in paragraphs (a) to (e) of subsection (4) of this section are included in the subdivision plat or as part of the rezoning request, which covenants shall be filed for recording with the county clerk and recorder following approval by the governing body; but said governing body may, under reasonable circumstances, waive the application of any one or more of said covenants with respect to all or any part of the affected land. The requirements set forth in this subsection (3) shall not apply to the approval of subdivision plats in single-family residential zoning districts where the minimum lot area permitted is one acre or more if the subdivision plat is approved, to requests for rezoning to single-family residential zoning districts in which the minimum lot area on unsubdivided land will be one acre or more if the rezoning request is approved, or to requests for rezoning to forestry or agricultural districts.

(4) The covenants referred to in subsection (3) of this section are as follows:

(a) All electrical distribution lines and service lines and all telephone lines shall be placed underground.

(b) No neon signs of any kind shall be permitted on any part of the property.

(c) No electrical fences shall be erected on any part of the property.

(d) All street lights shall be shielded so as to minimize upward illumination.

(e) No arc welding equipment or remote control garage door openers which employ a radiating type of receiver shall be installed or operated from a permanent location on the property.

(5) No expressways or major arterials shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States and, unless the governing body specifically makes an exception therefor, no collector streets shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States.

(6) The limitations of this part 6 shall be incorporated in any zoning resolution, building code resolution, or both, in any city, town, or county in which a telecommunications research facility of the United States is located, and each such city, town, or county shall enforce the same as provided by law.

(7) The governing body shall determine, with the assistance of a surveyor, if necessary, the boundaries of lands located in such city, town, or county, or both, as the case may be, affected by the limitations imposed by this part 6 and shall record such boundaries in the office of the county clerk and recorder of said county.

Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-5. L. 75: (1) amended, p. 1271, § 9, effective May 1.

ARTICLE 12

Local Access to Health Care Pilot Program

30-12-101 to 30-12-107. (Repealed)

Editor's note: (1) This article 12 was added in 2007. For amendments to this article 12 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2) Section 30-12-107 (3) provided for the repeal of this article 12, effective July 1, 2017. (See L. 2012, p. 479.)

ARTICLE 15

Regulation Under Police Power

PART 1

CONTROL AND LICENSING OF PET ANIMALS

30-15-100.3. Definitions.

30-15-101. Pet animal control and licensing.

30-15-102. Violations - penalties.

30-15-103. Disposition of fines and forfeitures.

30-15-104. Liability for accident or subsequent disease from impoundment.

30-15-105. Animal control officers - peace officer designation.

PART 2

CAMPFIRES - EXTINGUISHING

30-15-201. Penalty for leaving campfire unattended.

30-15-202. Penalty for defacing or destroying notices.

PART 3

UNINCORPORATED AREAS - DISCHARGE OF FIREARMS PROHIBITED

30-15-301. Definitions.

30-15-302. Board of county commissioners to designate area.

30-15-303. Violation - penalty.

30-15-304. Jurisdiction - enforcement.

PART 4

GENERAL REGULATIONS

30-15-401. General regulations - definitions.

30-15-401.4. Statewide policy to prevent the operation of illicit massage businesses - local regulation authorized - background checks required - legislative declaration - definitions.

30-15-401.5. Fire safety standards.

30-15-401.7. Determination of fire hazard area - community wildfire protection plans - adoption - legislative declaration - definitions.

30-15-402. Violations - penalty - surcharges - victim and witness assistance - brain injury trust fund.

30-15-402.5. Enforcement personnel - peace officer designation.

30-15-403. Style of ordinances.

30-15-404. Majority must vote for ordinances - proving ordinances.

30-15-405. Record and publication of ordinances.

30-15-406. Reading before board of county commissioners - publication.

30-15-407. Reading - adoption of code.

30-15-408. Disposition of fines and forfeitures.

30-15-409. One-year limitation of suits.

30-15-410. County courts - jurisdiction.

30-15-411. Conflicts with state statutes.

PART 5

DANCE HALLS

30-15-501. License required.

30-15-502. License not transferable.

30-15-503. Revocation or cancellation of licenses.

30-15-504. Penalty.

30-15-505. Jurisdiction.

PART 1

CONTROL AND LICENSING OF PET ANIMALS

Editor's note: This article was numbered as article 12 of chapter 36, C.R.S. 1963. The substantive provisions of this part 1 were repealed and reenacted in 1977, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.