The City of Littleton is a home rule city which has not been subject to state statutes. However, at our last election a citizens’ initiative was passed to amend the city charter. Following is the language of the amendment:
Per C.R.S. 31-23-305(2012) and C.R.S. 31-23-209(2012) any zoning change shall not become effective except by the favorable vote of two-thirds of all the members of the City Council if:
1. A protest is filed with the municipal clerk at least 24 hours prior to the City Council’s vote on the change and is signed by the owners of 20 percent or more of the area of land which is subject to the proposed change or 20 percent or more of the area of land extending a radius of 100 feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys; or
2. The Planning Board has not recommended a favorable vote for the zoning change.
I am interested in hearing from other jurisdictions which follow this rule as to how the area of land is defined. Is the radius of 100 feet drawn and then the street rights-of-way subtracted, or are the street rights-of-way jumped over and then the 100 feet is measured?
Jan Dickinson
Principal Planner
Community Development
2255 West Berry Avenue
Littleton, Colorado 80120
303-795-3763 (office)
Fri, 01/03/2014 - 11:08
#1
Defining Land Area in Zoning Protests