Colorado § 31-23-305 - Changes.

§ 31-23-305. 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Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed.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 changes in regulations or restrictions, or changes in the zone district applicable to particular land, which protest is filed with the municipal clerk at least twenty-four hours prior to the governing body's vote on the change and is signed by the owners of twenty percent or more of the area of land which is subject to the proposed change or twenty percent or more of the area of land extending a radius of one hundred feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds of all the members of the governing body of the municipality. The provisions of section 31-23-304 relative to public hearings and official notice shall apply equally to all changes or amendments.

Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1. L. 81: Entire section amended, p. 1513, § 4, effective June 4.

Editor's note: This section is similar to former § 31-23-205 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-23-305 is similar to former § 31-23-205 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.

Due process provisions of notice and hearing are proper and must be followed when amending the zoning map by council action. City of Fort Collins v. Dooney, 178 Colo. 25, 496 P.2d 316 (1972).

Due process may be satisfied by referendum. That due process requirements may be met in one manner when the change is by council action does not preclude other procedures from meeting due process requirements under a referendum. City of Fort Collins v. Dooney, 178 Colo. 25, 496 P.2d 316 (1972).

Prime considerations in denying application. The maintenance of stability in zoning and resulting conservation of property values based upon existing zoning regulations are prime considerations in denying applications for zoning changes. Nopro Co. v. Town of Cherry Hills Vill., 180 Colo. 217, 504 P.2d 344 (1972).

Quasi-judicial function subject to certiorari review. Enactment of a rezoning ordinance by the legislative body of a city, governed by both state zoning statutes as well as the municipal code, pursuant to statutory criteria, after notice and a public hearing, constitutes a quasi-judicial function subject to certiorari review. Snyder v. City of Lakewood, 189 Colo. 421, 542 P.2d 371 (1975).

The real issues involved in a rezoning case focus on the reasonableness of a city council's application of the statutory criteria to the evidence presented. Snyder v. City of Lakewood, 189 Colo. 421, 542 P.2d 371 (1975).

Review for abuse of discretion and exceeding jurisdictional bounds. The determination of whether a council reasonably applied statutory criteria in exercising its statutory power to rezone involves a consideration of whether the council abused its discretion or exceeded the bounds of its jurisdiction and is properly resolved in a certiorari proceeding under rule 106(a)(4), C.R.C.P. Snyder v. City of Lakewood, 189 Colo. 421, 542 P.2d 371 (1975).

Statutory requirements do not apply to home-rule cities. The provisions of this statute which require a three-fourths majority vote of the council to pass a zoning request over a legal protest does not apply to home-rule cities. City of Fort Collins v. Dooney, 178 Colo. 25, 496 P.2d 316 (1972).

This section expressly applies only to amendments made by municipalities of their own ordinances, and not to enactments of the general assembly. Glennon Heights, Inc. v. Central Bank & Trust, 658 P.2d 872 (Colo. 1983).