HomeMy WebLinkAbout07746ORDINANCE NO. 7746
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO PERFORMANCE STANDARDS AND CLARIFYING THAT FAILURE TO COMPLY
THEREWITH CONSTITUTES A VIOLATION AND PROVIDING PENALTIES THEREFOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
Chapter 4 of Title XVII of the Pueblo Municipal code is amended by the addition of the
following new section:
Section 17 -4 -20. Interpretation and Application of Performance Standards
In their interpretation and application, the performance standards set forth in this Chapter
shall be held to be minimum requirements, adopted for the promotion of the public health, safety,
morals or general welfare. Wherever the performance standards set for the in this chapter are at
variance with the requirements of any other lawfully- adopted rules, regulations, ordinances, deed
restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.
Any failure to perform, comply with or otherwise meet and fulfill the performance standards
set forth in this Chapter shall constitute a violation and a municipal offence subject to enforcement
pursuant to Section 17 -7 -3 of this Code.
SECTION 2.
This Ordinance shall become effective on final passage and approval.
INTRODUCED January 28, 2008
PASSED AND APPROVED: February 11, 2008
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Background Paper for Proposed
ORDINANCE 3
AGENDA ITEM # A
DATE: JANUARY 28, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO PERFORMANCE STANDARDS AND CLARIFYING
THAT FAILURE TO COMPLY THEREWITH CONSTITUTES A VIOLATION AND
PROVIDING PENALTIES THEREFOR
ISSUE
Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code
relating to performance standards and clarifying violations thereof?
RECOMMENDATION
The Planning and Zoning Commission, at their November 14, 2007 Regular Meeting,
voted 7 -0 to recommend approval.
BACKGROUND
Currently, the Zoning Ordinance does not clearly address which of two standards shall
govern when the Land Use Regulations are at variance with other lawfully adopted
rules, regulations, ordinances, deed restrictions, or covenants. Further, the regulations
do not provide for the enforcement of violations of the standards of the Zoning
Ordinance.
This text amendment will clarify that current confusion by defining regulatory standards
as minimum requirements adopted for the promotion of the public health safety, morals
and general welfare. It clarifies that in the case of conflict between the standards of the
Zoning Ordinance and any other lawfully adopted rules, regulations, ordinances, deed
restrictions, or covenants, the most restrictive or that imposing the higher standards will
govern. It also provides a mechanism for enforcement.
FINANCIAL IMPACT
None.