Notwithstanding any provision of law to the contrary, the board of county commissioners shall refer any proposed land use decision that involves a business or agricultural activity identified in section 31-15-501 (1)(a) and (1)(d), C.R.S., to the governing body of a municipality for review and comment if such business or agricultural activity lies wholly or partially within one mile of the corporate limits of the municipality.
Source: L. 99: Entire section added, p. 63, � 2, effective July 1.
30-28-139. Merger of lots - notice - hearing - assessment of merged parcels. (1) Notwithstanding any other provision of law, where a county ordinance, regulation, or resolution provides for the merger of two or more parcels of land for the purpose of eliminating interior lot lines, obsolete subdivisions, or otherwise, the ordinance, regulation, or resolution shall provide that:
(a) Prior to the completion of the merger, the county shall send notice of the county's intent to complete the merger to each owner of the affected parcels by certified mail. The notice shall also specify that each such owner may request a hearing on the proposed merger pursuant to paragraph (b) of this subsection (1), and shall specify action to be taken by such owner to request such hearing, including, without limitation, the requirement that said owner shall request the hearing within one hundred twenty days of the date the notice required by this paragraph (a) is received by said owner.
(b) (I) Prior to the completion of the merger, where each owner of an affected parcel has timely requested a hearing on the proposed merger satisfying the requirements of paragraph (a) of this subsection (1), a public hearing on said merger shall be held before the board of county commissioners of said county. The hearing shall be conducted for the purpose of allowing the board to discuss with the owner of each affected parcel its reasons for proceeding with the merger and to give each owner the opportunity to submit any basis provided under law for challenging the merger. In such case, notice of the time, place, and manner of the hearing shall be provided to each owner of the affected parcels and also published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of said hearing.
(II) Where the owner of each affected parcel fails to timely request a hearing on the proposed merger satisfying the requirements of paragraph (a) of this subsection (1), no such hearing is required, and the affected parcels shall be merged in accordance with the requirements of this subsection (1).
(c) In order to give the owner of the parcels the opportunity to take whatever remedial action is allowed under law, the hearing authorized by paragraph (b) of this subsection (1) shall take place no sooner than ninety days following the date of the notice required by paragraph (a) of this subsection (1).
(2) No merger of parcels that is the subject of a hearing pursuant to subsection (1) of this section shall be effective unless:
(a) The owner of the parcels has given his, her, or its consent to the merger of said parcels; and
(b) The merger has been approved by a majority of the board of county commissioners.
(3) Upon completion of any merger of parcels in accordance with the requirements of this section, the county shall:
(a) For purposes of the levying and collection of the tax on real and personal property, assess the merged parcels as one parcel of real property; and
(b) File of record a notice of merger in the office of the clerk and recorder of deeds for the county in which the merged parcels of real property are located, and such notice shall constitute prima facie evidence that all of the requirements of subsection (1) of this section have been satisfied.
(4) Notwithstanding any other provision of this section, the requirements of subsections (1) and (2) of this section shall not apply to any merger of parcels of land that is requested in writing by each owner of an affected parcel.
(5) Nothing in this section shall be construed to abrogate or otherwise diminish or expand any rights a landowner may have under article 68 of title 24, C.R.S., pertaining to vested property rights.
Source: L. 2003: Entire section added, p. 967, � 1, effective October 1.
Editor's note: Section 2 of chapter 132, Session Laws of Colorado 2003, provides that provisions of this section addressing the requirements of notice and hearing only apply to mergers that take effect on or after October 1, 2003, and that provisions of this section addressing the assessment of merged parcels as one parcel of real property for purposes of the levying and collection of the tax on real and personal property apply to mergers that take effect prior to, on, and after October 1, 2003, but shall not be construed to require a reassessment of property for property tax years commencing prior to January 1, 2003.
30-28-140. Parking and electric vehicle charging stations - legislative declaration. (1) (a) The general assembly finds that:
(I) Colorado has adopted economy-wide greenhouse gas emission goals of, at minimum, a twenty-six percent reduction by 2025, a fifty percent reduction by 2030, and a ninety percent reduction by 2050;
(II) The governor's Colorado Greenhouse Gas Pollution Reduction Roadmap, released on January 14, 2021, identifies transportation as a leading source of greenhouse gas pollution and identifies vehicle electrification as a key strategy for reducing greenhouse gas pollution from the transportation sector;
(III) Motor vehicle pollution, including greenhouse gas emissions, does not stay within the geographic boundaries of the local government where it is emitted;
(IV) According to the United States department of energy, an electric vehicle produces an average of less than one-fourth of the emissions over its lifetime than the average emissions of a motor vehicle powered by an internal combustion engine;
(V) Sales of electric vehicles currently account for more than ten percent of all new vehicle sales in Colorado, and this market share is projected to increase to more than eighty percent by 2032;
(VI) Buildings constructed today will need to accommodate higher numbers of electric vehicles within the lifetime of these buildings;
(VII) People may forgo purchasing or driving an electric vehicle because they are concerned about the availability of charging stations;
(VIII) Local government provisions that set minimum requirements for parking may create a disincentive to install charging stations if a parking space served by a charging station is not counted toward meeting the minimum parking requirement; and
(IX) Fewer charging stations act as a disincentive to purchase or drive an electric vehicle.
(b) The general assembly declares that minimum parking requirements, to the degree that they lower the number of charging stations available to electric vehicle drivers, decrease electric vehicle use, which causes more pollutants to be emitted into the environment and lowers the air quality of other local government jurisdictions and Colorado as a whole. Therefore, minimum parking requirements are a matter of mixed local and statewide concern to the degree that they lower the number of charging stations available to electric vehicle drivers.
(2) For the purposes of any minimum parking requirement imposed by a board of county commissioners:
(a) Any parking space served by an electric vehicle charging station or any parking space used to site electric vehicle charging equipment must be counted as at least one standard automobile parking space; and
(b) Any van-accessible parking space that is designed to accommodate a person in a wheelchair, is served by an electric vehicle charging station, and is not designated as parking reserved for a person with a disability under section 42-4-1208 must be counted as at least two standard automobile parking spaces.
(3) This section does not lower the protections provided for people with disabilities, including the number of parking spaces for people that are mobility impaired, than the protections provided by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and parts 6 and 8 of article 34 of title 24.
Source: L. 2023: Entire section added, (HB 23-1233), ch. 245, p. 1321, � 6, effective May 23.
Cross references: For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.