Section 27-81-107 - Compliance with local government zoning regulations - notice to local governments - provisional approval - repeal(1) Prior to July 1, 2024, the BHA shall require any residential treatment facility seeking approval as a public or private treatment facility pursuant to this article 81 to comply with any applicable zoning regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning regulations constitutes grounds for the denial of approval of a facility.(2) The BHA shall ensure that timely written notice is provided to the municipality, city and county, or county where a residential treatment facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs: (a) An application for approval of a residential treatment facility pursuant to section 27-81-106 is made;(b) Approval is granted to a residential treatment facility pursuant to section 27-81-106;(c) A change in the approval of a residential treatment facility occurs; or(d) The approval of a residential treatment facility is revoked or otherwise terminated for any reason.(3) In the event of a zoning or other delay or dispute between a residential treatment facility and the municipality, city and county, or county where the facility is situated, the BHA may grant provisional approval of the facility for up to one hundred twenty days pending resolution of the delay or dispute.(4) This section is repealed, effective July 1, 2024.Amended by 2022 Ch. 222, § 181, eff. 7/1/2022.Amended by 2019 Ch. 413, § 22, eff. 7/1/2022.L. 2010: Entire article added with relocations, (SB 10-175), ch. 737, p. 737, § 2, effective April 29. L. 2017: (1), IP(2), and (3) amended, (SB 17-242), ch. 1367, p. 1367, § 276, effective May 25. L. 2019: (1) amended and (4) added, (HB 19-1237), ch. 3645, p. 3645, § 22, effective 7/1/2022.(1) This section is similar to former § 25-1-306.5 as it existed prior to 2010.
(2) Subsection (4) provided for the repeal of this section, effective July 1, 2024. (See L. 2019, p. 3645.)
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.