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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 ofc1. - 11410 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.