HomeMy WebLinkAbout033 - 04/02/1996 - AMENDING CITY CODE REGARDING THE FUNCTIONS OF THE PLANNING AND ZONING BOARD ORDINANCE NO. 33, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-353(2) OF THE CODE OF THE CITY
REGARDING THE FUNCTIONS OF THE PLANNING AND ZONING BOARD
WHEREAS, Section 2-353(2)of the Code of the City provides that the Planning and Zoning
Board shall have the function of exercising "the authority vested in it by state planning and zoning
laws"; and
WHEREAS, it has historically been the intention and practice of the City, pursuant to its
home rule powers,to afford the Planning and Zoning Board the authority vested under state law only
to the extent that such authority does not conflict with the specific grants of authority and
assignments of duty as established in Chapter 2, Article III, Division 25 and in Chapter 29 of the
Code of the City; and
WHEREAS, the Council has determined that Section 2-353(2) should be revised to more
precisely enunciate the authority, functions and duties of the Planning and Zoning Board as those
duties have been, or will be, established by and through the Council pursuant to the home rule
powers of the City, so as to expressly supersede any conflicting provisions of the State statutes.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that Section 2-353(2) of the Code be, and hereby is, amended to read as follows:
Sec. 2-353. Functions.
The board shall have the following functions:
(2) To exercise the authority vested in it by state planning and zoning laws
subject to the provisions of this Division and the following additional provisions and
limitations:
(a) All references in Title 31, Article 23, Part 2, C.R.S., to the adoption
of the master/comprehensive plan by a"planning commission" shall not apply to the
board, and the function of the board with respect to the adoption of a
master/comprehensive plan for the City shall be to advise and make a
recommendations to the City Council regarding the adoption of the same.
(b) Notwithstanding any provision to the contrary in §31-23-214, C.R.S.,
or in Title 31, Article 23, Part 2, to the effect that a planning commission has the
power to adopt regulations governing the subdivision of land in the city, all such
regulations governing the subdivision of land shall be adopted by the City Council
as required pursuant to Article II, Section 6 of the Charter of the City.
(c) The procedures for development review within the City shall be as
established in Chapter 29 of the Code of the City and, accordingly, §31-23-215,
C.R.S., shall have no force or effect in the city.
(d) To the extent that any provision contained in Title 31, Article 23,
C.R.S. conflicts, either expressly or implicitly, directly or indirectly, with any law or
regulation enacted by the city, the law or regulation of the city shall control.
Introduced, considered favorably on first reading, and or ublished this 19th day of
March, A.D. 1996, and to be presented for final passage on the 2 ay April, A.D
ayor
ATTEST:
City Clerc
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Passed and adopted on final reading this 2nd day of ril, . 1996.
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Mayor
ATTEST:
City Clerk
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