HomeMy WebLinkAbout06848ORDINANCE NO. 6848
AN ORDINANCE AMENDING SECTION 3 OF CHAPTER 1,
TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING
TO ZONING AND ANNEXATION
WHEREAS, land annexed to the City should be zoned in the land use classification
most nearly corresponding to the land use classification established by the City's
comprehensive plan. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Subsections (e), (f) and (h) of Section 3 of Chapter 1, Title XVII are amended to
read as follows and subsection (g) of Section 3 of Chapter 1, Title XVII is repealed in its
entirety:
(e) Any [area] land annexed to the City[, whether by unilateral annexation
or otherwise,] shall be zoned in the land use [classified in the City zone or]
classification [district] most nearly corresponding to the land use [zone or] classifi-
cation [district] into which said [area] land has been classified under the [terms and
provisions of the Pueblo County Zoning Resolution] City's comprehensive plan.
However, if the annexation agreement for such land so provides, the land may be
classified as Agriculture One (A -1) zone district for the limited period of time
specified in the annexation agreement, but no building permit shall be issued for
any part of the land classified as Agriculture One (A -1) zone district until after such
land is zoned in the land use classification most nearly corresponding to the land
use classification into which such land has been classified under the City's
comprehensive plan Nothing contained herein shall be construed to limit the power
of the City Council to zone or rezone land classified under this [provision]
subsection
(f) A petition for the zoning or rezoning of land being annexed to the City
may be filed at any time after a petition for annexation has been found to be valid
in accordance with the provisions of Section 31 -12 -107, C.R.S. [concurrently with
the petition for annexation of such land.] The Planning and Zoning Commission
may hear the petition for rezoning and make its recommendations thereon prior to
annexation of the land, but [such zoning or rezoning of land being annexed may be
a part of the ordinance annexing such land] the proposed zoning ordinance shall not
be passed on final presentation prior to the date when the annexation ordinance is
passed on final presentation
[(g) Any use which is in existence at the time of annexation to the City of
the land upon which the use is conducted, and which is permitted as a use by
review under the zoning assigned to such land at the time of annexation or
thereafter, shall be deemed a use by right.]
[(h)] kM Any land use or structure upon land in existence at the time of
annexation of said land to the City which is not permitted as a use by right [or a use
by review under applicable Pueblo County Zoning Resolutions] under the zoning
classification assigned to such land at the time of annexation or thereafter shall be
deemed a non conforming [lawful] land use or structure and shall [not] be subject
to the nonconforming provisions of this Title [,].[but shall be subject to all other
applicable ordinances of the City. A written statement issued by the County Zoning
Administrator that said land use or structure existed as a use by right or a use by
review under Pueblo County Zoning Resolution at the time of annexation shall be
conclusive evidence thereof.]
SECTION 2
This Ordinance shall become effective upon final passage and shall be applicable
to all land annexed to the City after its effective date.
INTRODUCED: June 10, 2002
By: Al Gurule
COUNCILPERSON
APPROVED:
PRESIDENT OF THE CITY COUNCIL
ATTESTED BY: D'
CITY CLERK
PASSED AND APPROVED: June 24. 2002
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