Colorado Revised Statutes

Colo. Rev. Stat. § 30-28-116 (2024)

Regulations may be amended

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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From time to time the board of county commissioners may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the zoning resolution. Any such amendment shall not be made or become effective unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. If disapproved by such commission within thirty days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county.

Source: L. 39: p. 301, § 15. CSA: C. 45A, § 15. CRS 53: § 106-2-15. C.R.S. 1963: § 106-2-15. L. 92: Entire section amended, p. 965, § 5, effective June 1.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1975–2026 · leading case: Raygor v. Bd. of Cnty. Commissioners, 21 P.3d 432 (Colo. Ct. App. 2000).
Raygor v. Bd. of Cnty. Commissioners, 21 P.3d 432 (Colo. Ct. App. 2000). · cites it 3× “Chapter VIII of the LDC states, in pertinent part: "Any amendment to the Zoning Regulations of this Code shall be made pursuant to Section 30-28-116, C.R.S., and any other laws of the state of Colorado governing the amendment of Zoning Regulations.”
Bd. of Cnty. Commissioners v. City of Thornton, 629 P.2d 605 (Colo. 1981). · cites it 6× “Section 30-28-116, C.R.S. 1973 (now in 1977 Repl.”
Jafay v. Bd. of Cnty. Commissioners, 848 P.2d 892 (Colo. 1993). · cites it 6× “” § 30-28-116, 12A C.R.S. (1986). We have accordingly stated that, “[i]n zoning, notice should unambiguously set forth the information which would give adequate warning to all persons whose rights could be adversely affected by any action of the zoning entity, so they may appear…”
Bd. of Cnty. Commissioners v. Rohrbach, 226 P.3d 1184 (Colo. Ct. App. 2009). · cites it 2× “" Even assuming this resolution was promulgated in full compliance with section 30-28-116, it does not incorporate any of the maps into a zoning regulation or amend the 1983 zoning regulation to incorporate any of the maps.”
Colorado Leisure Prods., Inc. v. Johnson, 532 P.2d 742 (Colo. 1975). · cites it 6× “1963, 106-2-15 (section 30-28-116, C.R.S. 1973, hereinafter referred to as “Section 15”), in pertinent part, provides: “From time to time the board .”
Dollaghan v. Cnty. of Boulder, 749 P.2d 444 (Colo. Ct. App. 1987). · cites it 4× “Therefore, the county’s authority to enact temporary amendments to its zoning resolution without complying with the requirements for amendments set forth in § 30-28-116, C.R.S., “must be supported by a statutory delegation of power from the state in order to withstand judicial…”
Whatley v. Summit Cnty. Bd. of Cty. Com'rs, 77 P.3d 793 (Colo. Ct. App. 2003). · cites it 3× “2002; §§ 30-28-116 and 31-23-304, C.R.S.2002; and the Summit County Land Use and Development Code, §§ 12202.”
Brown v. Bd. of Cnty. Commissioners of the Cnty. of Arapahoe, 720 P.2d 579 (Colo. Ct. App. 1985). · cites it 3× “Section 30-28-116, C.R.S. (1977 Repl.Yol.”
Applebaugh v. Bd. of Cnty. Commissioners, 837 P.2d 304 (Colo. Ct. App. 1992). · cites it 2× “See § 30-28-116, C.R.S. (1986 Repl.Vol. 12A).”
W. Paving Constr. Co. v. Jefferson Cnty. Bd. of Cnty. Commissioners, 689 P.2d 703 (Colo. Ct. App. 1984). · cites it 3× “Section 30-28-116, C.R.S. (1977 Repl. Yol.”
Winslow v. Morgan Cnty. Commissioners, 697 P.2d 1141 (Colo. Ct. App. 1985). “Plaintiff sought to have those amendments which were incorporated into the resolutions after the September hearing declared void because no public hearing had been held thereon, as required by §§ 30-28-116 and 30-28-133(1), C.R.S. (1977 Repl.”
Wainwright v. City of Wheat Ridge, 558 P.2d 1005 (Colo. Ct. App. 1976). · cites it 3× “Inasmuch as zoning maps derive their effectiveness from the ordinance or resolution that adopts them, it is the status of the county zoning, at the time the city incorporated the map into its zoning ordinance that governs. A zoning map merely reflects the effect of exercises of…”
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