(1)When the owner
of a tract of land within and adjacent to the boundary of a municipality desires to
have said tract disconnected from such municipality, such owner may apply to the
governing body of such municipality for the enactment of an ordinance
disconnecting such tract of land from such municipality. The owner shall also
provide notice and a copy of the application to the board of county commissioners
of the county in which the tract of land that is the subject of the application is
located and to the board of directors of any affected special district. No later than
the effective date of the disconnection of a particular tract of land, any vested
property rights affecting the tract that have been established pursuant to article
68 of title 24 prior to such date that are
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(1) When the owner
of a tract of land within and adjacent to the boundary of a municipality desires to
have said tract disconnected from such municipality, such owner may apply to the
governing body of such municipality for the enactment of an ordinance
disconnecting such tract of land from such municipality. The owner shall also
provide notice and a copy of the application to the board of county commissioners
of the county in which the tract of land that is the subject of the application is
located and to the board of directors of any affected special district. No later than
the effective date of the disconnection of a particular tract of land, any vested
property rights affecting the tract that have been established pursuant to article
68 of title 24 prior to such date that are possessed by the owner of the tract shall
be expired or relinquished.
(2) (a) Not more than thirty days after receiving the notice required by
subsection (1) of this section, either the board of county commissioners or the board
of directors of any affected special district may request a meeting with the owner
and the governing body of the municipality, or its appointee, to discuss and address
any negative impacts on the county that would result from the disconnection. If
such meeting is requested, the owner and the governing body or its appointee shall
meet with either the board of county commissioners, or its appointee, or the board
of any affected special district, or its appointee, not more than thirty days after the
meeting was requested. Failure by either the board of county commissioners or the
board of any affected special district to request a meeting constitutes an
acknowledgment by the particular board that the disconnection will not adversely
affect the county or an affected special district, as applicable.
(b) As used in paragraph (a) of this subsection (2), affected special district
means any special district that by its service plan or pursuant to an
intergovernmental agreement is or will be expected to provide service to the tract
of land that is the subject of the disconnection application. For purposes of
paragraph (a) of this subsection (2), negative impact includes any change in the
level or extent of services being provided to the tract of land by any special district.
(3) On receipt of such application, the governing body of the municipality
shall give due consideration to the disconnection application, and, if such governing
body is of the opinion that the best interests of the municipality will not be
prejudiced by the disconnection of such tract, it shall enact an ordinance effecting
such disconnection.
(4) If such an ordinance is enacted, it is immediately effective upon the
required filing with the county clerk and recorder to accomplish the disconnection,
and two certified copies thereof shall be filed by the clerk in the office of the
county clerk and recorder of the county in which such tract lies. The county clerk
and recorder shall file the second certified copy with the division of local
government in the department of local affairs, as provided by section 24-32-109,
C.R.S.
(5) (a) Any tract of land that has been disconnected from a municipality,
whether by means of an ordinance enacted under subsection (3) of this section or a
court decree that has been entered under part 6 of this article 12, shall be made
subject to the applicable county's zoning resolution and map and other land
development regulations within ninety days after the effective date of the
disconnection as described in subsection (4) of this section. Any provision of the
county's zoning resolution, zoning map, or zoning plan automatically applying a
uniform zoning classification to all land that may be disconnected in the future is
void and of no effect as to any particular tract of land. The county may institute the
procedure specified in the Colorado Revised Statutes, in its zoning resolution or
zoning plan, or in its other land development regulations to allow the particular
tract of land to obtain the necessary land entitlements at any time after the county
receives the notice from the municipality regarding enactment of an ordinance
disconnecting the tract from the municipality described in subsection (1) of this
section; except that any such zoning resolution, zoning plan, or other land
development action shall not be enacted and made effective until the tract of land
has been disconnected from the municipality in accordance with this section.
(b) During the ninety-day period specified in subsection (5)(a) of this section,
or such lesser time as is required to satisfy such requirement, the county may elect
not to issue any building or occupancy permit for all or any portion of the land area
that is the subject of the disconnection application.
(c) Any county may commence the procedure specified in its own subdivision
regulations to subdivide the tract of land that is the subject of the disconnection
application at any time after the disconnection has been completed and the
ordinance has been filed with the county clerk and recorder in accordance with
subsection (4) of this section; except that the county shall not make a final decision
approving the subdivision until zoning affecting the particular tract of land has
been enacted in accordance with subsection (5)(a) of this section.