§ 10.2. DISCONNECTION (DEANNEXATION)

10.2.1.   General

(A)

Authority. C.R.S. § 31-12-501-707 authorize the County to establish policies and procedures regarding the disconnection of land from a city or town.

(B)

Purpose. To establish a process by which an explanation regarding the effects of an action by a city or town, or court action, that results in a disconnection of property previously located within a city or town, and procedures for County action and land use permitting in the event of disconnection of land.

(C)

Applicability. The provisions of this Chapter shall apply to land that has been disconnected from a city or town by ordinance or court decree, after the effective date of this Code.

10.2.2.   Allowable Land Use Following Disconnection

The use of land that is disconnected from an incorporated area shall be restricted to those existing lawful uses permitted by the municipal zoning regulations in place prior to disconnection, until or unless the property is zoned in accordance with this Code. Approval of any land use or expansion of any existing use shall not be permitted nor shall building permits be authorized by the PCD until the disconnected land is zoned by the BoCC.

10.2.3.   Requirement to Zone Following Disconnection

The owners of any lots or parcels within the disconnection area shall submit a zoning application to the County within 90 days from the date of disconnection. If an owner fails to submit a zoning application within 90 days from the date of disconnection, the PCD may initiate zoning of any lot or parcel, in accordance with Chapter 5 of this Code and the Procedures Manual.

10.2.4.   Obligation to Follow Disconnection Ordinance

In the event that land is disconnected from an incorporated area by ordinance, the owners of the lot or parcels within the disconnection area are obligated to abide by land use and subdivision restrictions included in the ordinance until the land is zoned in accordance with this Code. The County shall not allow zoning or subdivision of the disconnected land in a manner contrary to the disconnection ordinance.

10.2.5.   Obligation to Follow Court Decree

In the event that land is disconnected from an incorporated area by court decree, the owners of the lots or parcels within the disconnection area are obligated to abide by land use and subdivision restrictions included in the court decree. The County shall not allow zoning or subdivision of the disconnected land in a manner contrary to the court decree.

10.2.6.   Status of Roads Following Disconnection

In the event that land disconnected from an incorporated area includes roadways, whether public or private, there is no obligation upon the County to accept or maintain those roadways, unless acceptance for maintenance is established by BoCC resolution.

10.2.7.   Status of Platted Lots Following Disconnection

In the event that land is disconnected from an incorporated area includes land described as lots or parcels which were reviewed for subdivision compliance by the municipality, the lots will be recognized as non-conforming lots until determined to be in conformance with this Code following zoning.