Colorado § 30-28-102 - Unincorporated territory.

§ 30-28-102. Unincorporated territory.

The boards of county commissioners of the respective counties within this state are authorized 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 part 1.

Source: L. 39: p. 294, § 1. CSA: C. 45A, § 1. CRS 53: § 106-2-1. C.R.S. 1963: § 106-2-1.

ANNOTATION

Law reviews. For article, "Effect on Title of Violations of Building Covenants and Zoning Ordinances", see 27 Rocky Mt. L. Rev. 255 (1955). For note, "Colorado Cases on Zoning — Validity of Zoning Undeveloped Areas", see 29 Rocky Mt. L. Rev. 202 (1957). For article, "Colorado Needs a Constitutional and Effective Roadside Sign Law", see 36 Dicta 475 (1959).

Section delegates authority to county commissioners to zone unincorporated areas. This section is a delegation of authority by the state to the boards of county commissioners of the respective counties to zone unincorporated areas of the state. City of Greeley v. Ells, 186 Colo. 352, 527 P.2d 538 (1974).

Authority to zone and appoint planning commission. By this and § 30-28-103 the commissioners of the respective counties are authorized to provide for the zoning of all or any part of the unincorporated territory in their county, and they are authorized to appoint a planning commission. Gordon v. Bd. of County Comm'rs, 152 Colo. 376, 382 P.2d 545 (1963).

The Land Use Act (§ 29-20-101, C.R.S., et seq.) and the County Planning Code (§ 30-28-101, C.R.S., et seq.) authorize county regulation of land use in the unincorporated areas of the county. Wilkinson v. Bd. of County Comm'rs, 872 P.2d 1269 (Colo. App. 1993).

Courts should not interfere with decisions of zoning authorities unless the record shows a clear abuse of discretion. Bd. of County Comm'rs v. Simmons, 177 Colo. 347, 494 P.2d 85 (1972).

No clear abuse of discretion shown. Where the question of whether the character of the neighborhood had changed sufficiently to justify a change in zoning was fairly debatable and the zoning decision of a board of county commissioners was supported by some competent evidence, the certiorari record did not show a clear abuse of discretion. Bd. of County Comm'rs v. Simmons, 177 Colo. 347, 494 P.2d 85 (1972).

Standing to challenge of property owner outside territory of zoning authority. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Bd. of County Comm'rs v. City of Thornton, 629 P.2d 605 (Colo. 1981).

Applied in Theobald v. Bd. of County Comm'rs, 644 P.2d 942 (Colo. 1982).