Compliance with local government zoning regulations - notice to local governments - provisional licensure.

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(1) The state department shall require any community residential home seeking licensure pursuant to section 25.5-10-214 to comply with any applicable zoning regulations of the municipality, city and county, or county where the home is situated. Failure to comply with applicable zoning regulations shall constitute grounds for the denial of a license to a home; except that nothing in this section shall be construed to supersede the provisions of sections 30-28-115 (2), 31-23-301 (4), and 31-23-303 (2), C.R.S.

(2) The state department shall ensure that timely written notice is provided to the municipality, city and county, or county where a community residential home is situated, including the address of the home and the population and number of persons to be served by the home, when any of the following occurs:

  1. An application for a license to operate a community residential home pursuant tosection 25.5-10-214 is made;

  2. A license is granted to a community residential home pursuant to section 25.5-10-

214;

  1. A change in the license of a community residential home occurs; or

  2. The license of a community residential home is revoked or otherwise terminated forany reason.

(3) In the event of a zoning or other delay or dispute between a community residential home and the municipality, city and county, or county where the home is situated, the state department may grant a provisional license to the home for up to one hundred twenty days pending resolution of the delay or dispute.

Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1767, § 1, effective March 1, 2014.

Editor's note: This section is similar to former § 27-10.5-109.5 as it existed prior to 2013.


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