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Legal Memorandum: Application for Rezoning in CO

Issue: Whether a particular time is prescribed for a municipality to act upon an application for rezoning in Colorado.

Area of Law: Municipal, County and Local Law, Real Estate Law
Keywords: Application for rezoning; Notice and hearing; Time
Jurisdiction: Colorado
Cited Cases: 564 P.2d 421
Cited Statutes: Colo. Rev. Stat. § 31-23-304
Date: 10/01/2012

Colorado law allows an interested property owner to file an application for rezoning.  Under Colo. Rev. Stat. § 31-23-304, each municipality may “provide for the manner in which such regulations and restrictions and the boundaries of such districts are determined, established, enforced, and, from time to time, amended, supplemented, or changed.”  In all cases, however, the municipality must give proper notice to interested citizens and an opportunity to be heard.  This notice is at least 15 days.  Id.

It may be that the local municipal ordinances provide a time after which the municipality must act upon an application for rezoning.  The longest period located in review of Colorado case law was four months, and the parties made no issue of that period.  See Board of County Comm’rs of Mesa County v. Carter, 564 P.2d 421 (Colo. 1977).

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