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HomeMy WebLinkAbout132 - 12/03/1985 - AMENDING CITY CODE TO BRING VARIOUS CHAPTERS INTO CONFORMITY WITH CHAPTER 3A ORDINANCE NO. 132, 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CHANGES TO THE CODE OF THE CITY OF FORT COLLINS TO BRING VARIOUS CHAPTERS OF THE CODE INTO CONFORMITY WITH CHAPTER 3A WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City of Fort Collins to repeal and reenact Chapter 3A of the Code of the City of Fort Collins regarding the procedure for appeals to City Council from the final decisions of certain boards and commissions of the City; and WHEREAS, various other provisions of the City Code pertaining to these boards and commissions should be revised to conform to the new Chapter 3A. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 2-13 of the Code of the City of Fort Collins be amended to read as follows: §2-13. Authority. The Planning and Zoning Board shall have the authority to take final action to approve, disapprove or approve with conditions all planning items in accordance with the City Code and Charter, provided that the City Council , by a majority vote of a quorum of its members , shall have the power to review such decisions in accordance with the provisions of Chapter 3A of this Code. Section 2. That Section 38-2 of the Code of the City of Fort Collins be amended by the addition of the following subsection: §38-2. Amendments and Deletions to Code. A. Section 204 is amended to read as follows: Sec. 204(h) The final decisions of the Building Board of Appeals shall be subject to the right of appeal to City Council as set forth in Chapter 3A of this Code, except that the Chief Building Official shall be included as a party-in-interest with standing to appeal a decision which, in his judgment, adversely affects public safety. Section 3. That Section 64-26. of the Code of the City of Fort Collins be amended to read as follows : §64-26. Procedure for hearing appeal . Procedures for hearing any appeal before the Building Board of Appeals as provided for in this Code shall be in accordance with §38-2 of the Code of the City of Fort Collins. Section 4. That Section 50-4 of the Code of the City of Fort Collins be amended to read as follows : §50-4. Appeals . Whenever the Chief shall disapprove any application made pursuant to the Uniform Fire Code, as amended, or refuse to grant a permit applied for thereunder or when it is claimed that the provisions of said Code do not apply or that the true intent and meaning of said Code have been misconstrued or wrongly interpreted or when any person requests a variance from the literal terms of said Code, the applicant or person affected may appeal the decision of the Chief to the Board of Appeals established pursuant to Section 2.032 of said Code. Such Board shall have the power to vary or modify any requirement made by the Chief thereunder, provided that an appeal to the Board is made within thirty (30) days of the date of the action complained of. Final decisions of the Fire Board of Appeals are subject to the right of appeal to City Council as contained in Chapter 3A of this Code , except that the Chief shall be included as a party-in-interest with standing to appeal a decision which, in his judgment, adversely affects public safety. Section 5. That Section 73-119 of the Code of the City of Fort Collins be amended by the addition of the following subsection : §73-119. Building Contractor Licensing Board. E. Final decisions of the Board on applications for variances from the regulations herein established are subject to the right of appeal to City Council as set forth in Chapter 3A of this Code. Section 6. That Section 93-5 of the Code of the City of Fort Collins be amended by the addition of the following subsection: §93-5. Duties of Storm Drainage Hoard. F. Final decisions of the Board under subparagraphs D. and E. of this section shall be subject to the right of appeal to City Council as set forth in Chapter 3A of this Code. Section 7. That Section 118-21 of the Code of the City of Fort Collins be amended by the addition of the following subsection : §118-21. Applications and appeals procedure. D. Final decisions of the Zoning Board of Appeals are subject to the right of appeal to Council as set forth in Chapter 3A of this Code. Introduced, considered favorably on first reading and ordered published this 5th day of November, A.D. 1985, and to be presented for final passage on the 3rd day of December, A.D. 1985. M y�ula&1a ,1 � ATTEST: City Clerk 1985.Passed and adopted on final reading this 3rd day of December, A.D. Mdyor ATTEST: (� ln�i�l 2 City Clerk