Other Information

Title 17 Land Use Division II. Areas and Activities of State and Local Interest (aka 1041):

House Bill (HB) 1041 (1974) established regulations and criteria designed to facilitate identification, designation, and administration of matters of state and local interest which were generally beyond the scope of traditional zoning or subdivision regulations.

These rules and regulations establish the findings and criteria by which each application must be evaluated. The Board of county Commissioners is the designated “Permit Authority” who must approve or deny the permit application by resolution at a properly noticed public hearing.

Title 17 LAND USE DIVISION III. HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITE CERTIFICATE OF DESIGNATION (aka COD):

Pueblo County, pursuant to Colorado law (CRS 30-20-100 et. seq.), requires a permitting system for Waste Disposal Sites and Facilities. A Certificate of Designation is the approval document granted by the Board of County Commissioners which allows a waste disposal facility to begin operations. A Certificate of Designation is required by any type of waste disposal facility and may only be granted after the Colorado Department of Public Health and Environment has reviewed and recommended approval of the specific facility.

Chapter 17.108 Flood Hazard Area Regulations:

The Pueblo County Flood Hazard Area Regulations were established to minimize public and private losses due to flood conditions within the County. The regulations provide a method to review and approve or deny proposals for development or construction within designated flood hazard zones.

The areas of “special flood hazard” are designated by the Federal Emergency Management Agency based upon, “The Flood Insurance Study for the County of Pueblo,” dated September 29, 1989, and accompanying Flood Insurance Rate Maps (FIRM) also dated September 29, 1989. The regulations apply to any construction, development, or substantial modifications within the flood hazard area and the permit and authorization process is administered by the Director of the Department of Planning and Development.

Special District Service Plan:

The County's review and approval authority relative to special districts is set forth in State statute rather than locally adopted resolutions.

Article 1, Title 32 of the Colorado Revised Statutes (CRS) sets forth the criteria to establish and operate a "Special District." Section 32-1-202(1), CRS, requires the filing of a Service Plan with the County Clerk and Recorder's Office for approval by the Board of County Commissioners prior to petitioning the District Court to organize the proposed District.

A portion of 32-1-202(1) and 32-1-204(2), CRS, relate to review of the service plan by the Planning Commission. The Planning Commission is to review the service plan and present its recommendations to the Board of County Commissioners. The Board then sets a public hearing date for review and vote on the plan. The Board may approve the plan as is, disapprove the plan as is, or approve the plan with conditions.

Following approval by the Board of County Commissioners, the applicant may file a petition for organization of the special district in district court. The district court then sets and holds a hearing on the petition. Upon hearing and finding by the court that the petition conforms to all statutory requirements, a court order is issued directing an election be held regarding the organization of the district and five persons to serve as the initial board of the special district. If the majority of votes cast in the election favor creation of the district, the court will declare the special district "organized" and designate the first board of the district.

Public Information/Specific Research Request:

Public Information. The Department provides a great deal of public information on a daily basis. A few examples are: explaining the allowable land uses and possible subdivision options in a given zone district, identifying the specific requirements for parking lots and signs, distributing master listings of approved land use cases, or issuing a “zoning authorization” for building permits.

Specific Research Requests. On numerous occasions, the Department is requested by private land owners, realtors, or other persons, to research the history of a specific parcel of land, a specific use of the land, and/or the zoning of the land. The research will establish the date the parcel was created, as it is currently configured, and whether or not the parcel or any of the existing land uses have been legally established, as well as what the allowable land uses are for the parcel in accordance with the existing zone district.

Text Amendments (Changes to County Code):

Text Amendments are a process which allows for revisions to the Pueblo County Code by the public as well as employees of the county. The Department of Planning and Development specifically deals with changes to Title 16 Subdivisions and Title 17 Land Use. Text amendments are brought before the Pueblo County Planning Commission at a properly noticed public hearing for review and recommendation. The amendment is then heard by the Board of County Commissioners at a public hearing at which time evidence and testimony are taken and the recommendations of the Planning Commission are received. The Board may approve or reject the amendment by a resolution.