Colorado § 30-28-121 - Temporary regulations.

§ 30-28-121. Temporary regulations.

The board of county commissioners of any county, after appointment of a county or district planning commission and pending the adoption 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, residential, industrial, or commercial purpose.

Source: L. 39: p. 306, § 20. CSA: C. 45A, § 20. CRS 53: § 106-2-20. C.R.S. 1963: § 106-2-20. L. 74: Entire section amended, p. 354, § 2, effective May 17.

ANNOTATION

Section does not conflict with, preempt, or control necessarily implied authority of a local government under the Local Government Land Use Control Enabling Act (enabling act) to adopt a reasonable moratorium of sufficient duration to prepare a master plan. Section pertains to temporary moratoria adopted without a public hearing in connection with the adoption of a zoning plan. This section constitutes an additional grant of authority to local governments in the context of zoning plan adoption: The local government is permitted to adopt a moratorium for a six-month period without a public hearing. Droste v. Bd. of County Comm'rs of Pitkin, 159 P.3d 601 (Colo. 2007).

County had authority under the enabling act to impose temporary moratorium on developmental approvals concerning certain land within county. The enabling act is designed to give the local governments additional or supplemental powers for the purposes set forth in the act, including development in hazardous areas, protecting wildlife habitats, protecting areas of historical or archeological significance, controlling population density, and providing for the phasing in of infrastructure. These special considerations, in many instances, supplement those normally involved in creating a zoning master plan or administering a zoning regimen. Accordingly, the enabling act and this article (county planning statute) have different, though complementary, purposes, and the limitation on temporary zoning authorized by this section does not prohibit or limit a moratorium on development for the purpose of conducting studies under the enabling act. Droste v. Bd. of County Comm'rs of Pitkin, 141 P.3d 852 (Colo. App. 2005), aff'd, 159 P.3d 601 (Colo. 2007).

Applied in Dollaghan v. Boulder County, 749 P.2d 444 (Colo. App. 1987).