Colorado § 31-23-302 - Districts.

§ 31-23-302. Districts.

For any of the purposes enumerated in section 31-23-301, the governing body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this part 3, 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 regulations in one district may differ from those in other districts.

Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1.

Editor's note: This section is similar to former § 31-23-202 as it existed prior to 1975.

ANNOTATION

Law reviews. For article, "The Antitrust Challenge to Local Government Protection of the Central Business District", see 55 U. Colo. L. Rev. 21 (1983).

Annotator's note. Since § 31-23-302 is similar to former § 31-23-202 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

Establishment of zoning district boundary lines in a legislative function. Zoning necessarily requires the establishment of boundary lines between different districts and the selection of the boundary line is a legislative function with which courts should not interfere, and only where the determination of the zoning authority is so unreasonable, arbitrary, capricious, and unjustifiable as to amount to a violation of constitutional rights are the courts permitted to interfere. Nopro Co. v. Town of Cherry Hills Vill., 180 Colo. 217, 504 P.2d 344 (1972).

And having different classifications in different district does not deny equal protection. The fact that, under zoning laws, adjoining properties in other districts may be put to different and possibly more advantageous uses does not afford a basis for concluding there is a denial of equal protection of the laws. Nopro Co. v. Town of Cherry Hills Vill., 180 Colo. 217, 504 P.2d 344 (1972); City & County of Denver v. Chuck Ruwart Chevrolet, Inc., 32 Colo. App. 191, 508 P.2d 789 (1973).

Applied in Wood Bros. Homes v. City of Colo. Springs, 42 Colo. App. 15, 592 P.2d 1336 (1978).