C.R.S. § 24-67-101 Short title
24-67-101. Short title. This article shall be known and may be cited as the "Planned Unit Development Act of 1972".
Planned Unit Development Act of 1972
C.R.S. tit. 24, art. 67
in effectC.R.S. § 24-67-102 Legislative declaration
24-67-102. Legislative declaration. (1) In order that the public health, safety, integrity, and general welfare may be furthered in an era of increasing urbanization and of growing demand for housing of all types and design, the powers set forth in this article are granted to all counties and municipalities for the following purposes:
(a) To provide for necessary commercial, recreational, and educational facilities conveniently located to such housing;
(b) To provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities;
(c) To ensure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws;
(d) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings;
(e) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may enure to the benefit of those who need homes;
(f) To lessen the burden of traffic on streets and highways;
(g) To encourage the building of new towns incorporating the best features of modern design;
(h) To conserve the value of the land;
(i) To provide a procedure which can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics; and
(j) To encourage integrated planning in order to achieve the above purposes.
C.R.S. § 24-67-103 Definitions
24-67-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Common open space" means a parcel of land, an area of water, or a combination of land and water within the site designated for a planned unit development designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the planned unit development.
(2) "Plan" means the provisions for development of a planned unit development, which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas, and parking facilities, common open space, and other public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition.
(3) "Planned unit development" means an area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations.
C.R.S. § 24-67-104 Implementation of article
24-67-104. Implementation of article. (1) Any county with respect to territory within the unincorporated portion of the county or any municipality with respect to territory within its corporate limits may authorize planned unit developments by enacting a resolution or ordinance which:
(a) Refers to this article;
(b) Includes a statement of objectives of development;
(c) Designates the board, which may be a commission, board, or the governing body of the county or municipality, authorized to review planned unit development applications as set forth in this article;
(d) Sets forth standards of development consistent with the provisions of section 24-67-105;
(e) Sets forth the procedures pertaining to the application for, hearing on, and tentative and final approval of a planned unit development which shall afford procedural due process to interested parties. The resolution or ordinance shall establish maximum time periods within which any application shall be reviewed and approved, disapproved, or conditionally approved. At least one public hearing shall be held by the board designated pursuant to paragraph (c) of this subsection (1) prior to approval, disapproval, or conditional approval of a planned unit development. Public notice of the public hearing shall be given in the manner prescribed by section 30-28-116 or 31-23-304, C.R.S., whichever is applicable, for the amendment of zoning resolutions and ordinances. Written notice of the public hearing shall be delivered or mailed, first-class postage prepaid, at least fifteen days prior to the public hearing to adjoining landowners.
(f) Requires a finding by the county or municipality that such plan is in general conformity with any master plan or comprehensive plan for the county or municipality.
(2) The enactment of the resolution or ordinance provided for in this section and the enactment of any amendment thereto shall be in accordance with the procedures required for the adoption of an amendment to a zoning resolution or ordinance as prescribed by section 30-28-116 or 31-23-305, C.R.S., whichever is applicable.
C.R.S. § 24-67-105 Standards and conditions for planned unit development - definitions
24-67-105. Standards and conditions for planned unit development - definitions. (1) Every resolution or ordinance adopted pursuant to the provisions of this article shall set forth the standards and conditions by which a proposed planned unit development shall be evaluated, which shall be consistent with the provisions of this section. No planned unit development may be approved by a county or municipality without the written consent of the landowner whose properties are included within the planned unit development.
(2) Such resolution or ordinance shall set forth the uses permitted in a planned unit development and the minimum number of units or acres which may constitute a planned unit development.
(3) Such resolution or ordinance may establish the sequence of development among the various types of uses.
(4) Such resolution or ordinance shall establish standards governing the density or intensity of land use, or methods for determining such density or intensity, in a planned unit development.
(5) Such resolution or ordinance shall specify information which shall be submitted with the planned unit development application to ensure full evaluation of the application, and the board designated pursuant to section 24-67-104 (1)(c) may require such additional relevant information as it may deem necessary.
(5.3) (a) In a subject jurisdiction, any planned unit development resolution or ordinance that is adopted or approved on or after the effective date of this subsection (5.3), and that allows the construction of one or more single-unit detached dwellings, must not restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling more than the local law that applies to accessory dwelling unit development outside of a planned unit development or in any way that is prohibited by section 29-35-403.
(b) In a subject jurisdiction, any planned unit development resolution or ordinance that was adopted or approved before the effective date of this subsection (5.3), that allows the construction of one or more single-unit detached dwellings, and that restricts the construction of an accessory dwelling unit as an accessory use to any single-unit detached dwelling more than the local law that applies to accessory dwelling unit development outside of a planned unit development:
(I) Shall not be interpreted or enforced to restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling unit in any way that is prohibited by section 29-35-403; and
(II) May be superseded by the adoption of a local law pursuant to section 29-35-403.
(c) Notwithstanding subsection (5.3)(b) of this section, a local government may adopt conforming amendments to any such planned unit development.
(d) As used in this subsection (5.3), unless the context otherwise requires:
(I) "Accessory dwelling unit" has the same meaning as set forth in section 29-35-402 (2).
(II) "Local law" has the same meaning as set forth in section 29-35-402 (13).
(III) "Subject jurisdiction" has the same meaning as set forth in section 29-35-402 (21).
(5.5) (a) Any planned unit development resolution or ordinance that applies within a transit center or neighborhood center that is adopted or approved by a local government on or after the effective date of this subsection (5.5) must not restrict the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.
hat applies within a transit center or neighborhood center that is adopted or approved by a local government on or after the effective date of this subsection (5.5) must not restrict the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.
(b) Any planned unit development resolution or ordinance that applies within a transit center or neighborhood center that is adopted or approved by a local government before the effective date of this subsection (5.5) and that restricts the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206:
(I) Must not be interpreted or enforced to restrict the development of multifamily residential dwelling units so that a transit-oriented community could not designate an area as a transit center or neighborhood center that would otherwise qualify as such; and
(II) May be superseded by the adoption of a local law adopted in accordance with the requirements for designation of a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.
(c) Notwithstanding subsection (5.5)(b) of this section, a local government may adopt conforming amendments to any such planned unit development resolution or ordinance.
(d) As used in this subsection (5.5), unless the context otherwise requires:
(I) "Local law" has the same meaning as set forth in section 29-35-103 (12).
(II) "Neighborhood center" has the same meaning as set forth in section 29-35-202 (5).
(III) "Transit center" has the same meaning as set forth in section 29-35-202 (9).
(6) (a) Such resolution or ordinance may provide standards for inclusion of common open space.
(b) The ordinance or resolution may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space or that other adequate arrangements for the ownership and maintenance thereof be made.
(c) In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the planned unit development to maintain the common open space in reasonable order and condition in accordance with the plan, the county or municipality may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen days of the notice. At such hearing the county or municipality may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty days or any extension thereof, the county or municipality, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners
ve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the county or municipality shall, upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned unit development to be held by the board designated by the county or municipality, at which hearing such organization or the residents of the planned unit development shall show cause why such maintenance by the county or municipality shall not, at the election of the county or municipality, continue for a succeeding year. If the board designated by the county or municipality determines that such organization is ready and able to maintain said common open space in reasonable condition, the county or municipality shall cease to maintain said common open space at the end of said year. If the board designated by the county or municipality determines that such organization is not ready and able to maintain said common open space in a reasonable condition, the county or municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(d) The cost of such maintenance by the county or municipality shall be paid by the owners of properties within the planned unit development that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties. The county or municipality shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by such lien within the planned unit development and shall certify such unpaid assessments to the board of county commissioners and county treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes.
(7) Design, construction, and other requirements applicable to a planned unit development may be different from or modifications of the requirements otherwise applicable by reason of any zoning or subdivision regulation, resolution, or ordinance of the county or municipality as long as such requirements substantially comply with the subdivision provisions of part 1 of article 28 of title 30 or part 2 of article 23 of title 31, C.R.S., whichever is applicable, and appropriate regulations promulgated thereunder. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable.
C.R.S. § 24-67-105.5 Review of planned unit development
24-67-105.5. Review of planned unit development. (1) The county planning commission or governing body may request redesign of all or any portion of a planned unit development submitted for approval, but any such request shall include specific, objective criteria. If the applicant redesigns the planned unit development in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation.
(2) Nothing in this section shall be construed to preclude a county from taking any action permitted by law based on the consideration of the rights and privileges of the owners of subsurface mineral interests and their lessees pursuant to section 30-28-133 (10), C.R.S.
(3) Any required public hearing on any planned unit development shall be conducted expeditiously and concluded when all those present and wishing to testify have done so. No public hearing shall continue for more than forty days from the date of commencement without the written consent of the applicant. Any continuation of a public hearing shall be to a date certain.
(4) Unless withdrawn by the applicant, any planned unit development that has been neither approved, conditionally approved, nor denied within a time certain mutually agreed to by the county and the applicant at the time of filing shall be deemed approved. Such time period may be extended by the county to receive a recommendation from an agency to which a planned unit development was referred, but such extension shall not exceed thirty days unless the agency has notified the county that it will require additional time to complete its recommendation.
(5) Any requirement set forth in this section may be waived in writing by the applicant.
C.R.S. § 24-67-106 Enforcement and modification of provisions of the plan
24-67-106. Enforcement and modification of provisions of the plan. (1) To further the mutual interest of the residents, occupants, and owners of a planned unit development and of the public in the preservation of the integrity of the plan, the provisions of the plan relating to the use of land and the location of common open space shall run in favor of the county or municipality and shall be enforceable at law or in equity by the county or municipality without limitation on any power or regulation otherwise granted by law.
(2) All provisions of the plan shall run in favor of the residents, occupants, and owners of the planned unit development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement, or otherwise, may be enforced at law or in equity by residents, occupants, or owners acting individually, jointly, or through an organization designated in the plan to act on their behalf. However, no provisions of the plan shall be implied to exist in favor of residents, occupants, and owners except as to those portions of the plan which have been finally approved.
(3) All those provisions of the plan authorized to be enforced by the county or municipality may be modified, removed, or released by the county or municipality, subject to the following:
(a) No modification, removal, or release of the provisions of the plan by the county or municipality shall affect the rights of the residents, occupants, and owners of the planned unit development to maintain and enforce those provisions at law or in equity as provided in subsection (1) of this section.
(b) Except as otherwise provided in paragraph (b.5) of this subsection (3), no substantial modification, removal, or release of the provisions of the plan by the county or municipality shall be permitted except upon a finding by the county or municipality, following a public hearing called and held in accordance with the provisions of section 24-67-104 (1)(e) that the modification, removal, or release is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person.
(b.5) (I) Subject to the requirements of subparagraph (II) of this paragraph (b.5), in the case of any land located within a planned unit development that has been set aside for a governmental use or purpose as specified in the plan, the plan agreement, or related documents, a governmental entity that holds legal title to the land may, with the approval of the county or municipality in which the land is located, as applicable, and following a public hearing called for and held in accordance with the provisions of section 24-67-104 (1)(e), do any of the following, singularly or in combination:
(A) Subdivide all or any portion of the land;
(B) Remove or release all or any portion of the land from any limitations on its use or purpose by the governmental entity as specified in the plan, the plan agreement, or related documents; or
(C) Sell or otherwise dispose of all or any portion of the land.
ovisions of section 24-67-104 (1)(e), do any of the following, singularly or in combination:
(A) Subdivide all or any portion of the land;
(B) Remove or release all or any portion of the land from any limitations on its use or purpose by the governmental entity as specified in the plan, the plan agreement, or related documents; or
(C) Sell or otherwise dispose of all or any portion of the land.
(II) Any action authorized in accordance with the requirements of subparagraph (I) of this paragraph (b.5) shall only be undertaken upon a finding by the county or municipality, as applicable, following the public hearing required pursuant to subparagraph (I) of this paragraph (b.5) that all or any portion of the land is not reasonably expected to be necessary for a governmental use or purpose or that the governmental use or purpose will be furthered by disposal of the land. Notwithstanding any other provision of this paragraph (b.5), where action has been undertaken in accordance with the requirements of this paragraph (b.5), the future use of all or any portion of the land shall in all other respects be consistent with the efficient development and preservation of the entire planned unit development and with the plan.
(c) Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove, or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the county or municipality to enforce the provisions of the plan.
C.R.S. § 24-67-107 Application and construction of article
24-67-107. Application and construction of article. (1) The provisions of this article shall apply to home rule municipalities unless superseded by charter or ordinance enactment.
(2) Any county or municipality which has enacted, prior to May 21, 1972, a resolution or ordinance providing for planned unit developments may continue to follow the provisions established therein, and any amendments thereto in lieu of electing to follow the provisions of this article.
(3) Nothing in this article shall be construed to impair, affect, or invalidate any rights vested in connection with planned unit developments for which applications were filed prior to May 21, 1972.
(4) Nothing in this article shall be construed to waive the requirements for substantial compliance by counties and municipalities with the subdivision requirements of part 1 of article 28 of title 30 and part 2 of article 23 of title 31, C.R.S., respectively, and appropriate regulations promulgated thereunder. Counties and municipalities, including home rule cities, shall comply with the requirements of article 65.5 of this title. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable. In order to facilitate processing of applications, however, a county or municipality, pursuant to resolution or ordinance, may provide for concurrent or simultaneous processing of planned unit development and subdivision applications.
(5) No county or municipality shall adopt pursuant to this article any resolution or ordinance which limits development exclusively to planned unit development districts.
(6) This article shall be liberally construed in furtherance of the purposes of this article and to the end that counties and municipalities shall be encouraged to utilize planned unit developments. Enactment of this article by the general assembly is declared to be for the purpose of supplementing the provisions of part 1 of article 28 of title 30 and article 23 of title 31, C.R.S., as the same relate to and authorize planned unit developments.
C.R.S. § 24-67-108 Model resolutions - subdivisions - improvement notices
24-67-108. Model resolutions - subdivisions - improvement notices. The department of local affairs shall develop model resolutions and ordinances to serve as guidelines for counties and municipalities in enacting enabling resolutions and ordinances pursuant to this article.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026